Regular Session - March 13, 2018

                                                                   1020

 1                NEW YORK STATE SENATE

 2                          

 3                          

 4               THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                   March 13, 2018

11                      4:00 p.m.

12                          

13                          

14                   REGULAR SESSION

15  

16  

17  

18  SENATOR ELAINE PHILLIPS, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23

24

25


                                                               1021

 1                P R O C E E D I N G S

 2                ACTING PRESIDENT PHILLIPS:   The 

 3   Senate will come to order.  

 4                I ask everyone present to please 

 5   rise and repeat with me the Pledge of Allegiance.

 6                (Whereupon, the assemblage recited 

 7   the Pledge of Allegiance to the Flag.)

 8                ACTING PRESIDENT PHILLIPS:   Rabbi 

 9   Ya'akov Trump is with us today to give the 

10   invocation.  He is the Associate Rabbi of 

11   Young Israel of Lawrence Cedarhurst, New York.

12                RABBI TRUMP:   I'd like to recite a 

13   prayer which has been said and is said every 

14   Sabbath in synagogues across the country and in 

15   Jewish history for over 800 years.  

16                He that gives salvation to kings and 

17   dominion to lords, He that he delivered His 

18   servant David from the sword of the enemy, He 

19   that made a way in the sea and a path in the 

20   strong waters, bless and keep, preserve and 

21   rescue, exalt and magnify, and lift up higher and 

22   higher John J. Flanagan, Andrea Stewart-Cousins, 

23   Jeffrey D. Klein, and all officials of this great 

24   chamber.  

25                King of Kings, defend them in His 


                                                               1022

 1   mercy, make them joyful and free them from all 

 2   dangers and distress.  

 3                On a personal note, to someone who 

 4   grew up from outside the United States of 

 5   America, I feel a great, deep sense of 

 6   appreciation every day for the system of 

 7   democracy, governmental transparency and 

 8   accountability, for it is together that we 

 9   succeed, together that we thrive.  Our diversity 

10   is our greatest success, but our unity the only 

11   way to preserve it.  

12                May God grant us the ability to work 

13   together, the insight to stand our ground while 

14   finding the ample common ground between us.  May 

15   He allow us to harness the collective wisdom of 

16   this chamber to achieve far more than the sum of 

17   the parts.  

18                And let us say amen.

19                ACTING PRESIDENT PHILLIPS:   Thank 

20   you, Rabbi Trump.

21                The reading of the Journal.

22                THE SECRETARY:   In Senate, Monday, 

23   March 12th, the Senate met pursuant to 

24   adjournment.  The Journal of Sunday, March 11th, 

25   was read and approved.  On motion, Senate 


                                                               1023

 1   adjourned.

 2                ACTING PRESIDENT PHILLIPS:   Without 

 3   objection, the Journal stands approved as read.

 4                Presentation of petitions.

 5                Messages from the Assembly.

 6                Messages from the Governor.

 7                Reports of standing committees.

 8                Reports of select committees.

 9                Communications and reports from 

10   state officers.  

11                Motions and resolutions.

12                Senator DeFrancisco.

13                SENATOR DeFRANCISCO:   I move to 

14   adopt the Resolution Calendar, with the exception 

15   of Resolutions 4108, 4084, 4060, 4061, 4062, 4063 

16   and 4065.

17                ACTING PRESIDENT PHILLIPS:   All in 

18   favor of adopting the Resolution Calendar, with 

19   the exception of Resolutions 4108, 4084, 4060, 

20   4061, 4062, 4063 and 4065, signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT PHILLIPS:    

23   Opposed, nay.

24                (No response.)

25                ACTING PRESIDENT PHILLIPS:   The 


                                                               1024

 1   Resolution Calendar is adopted.

 2                Senator DeFrancisco.

 3                SENATOR DeFRANCISCO:   I now have a 

 4   motion.  On page 29, I offer the following 

 5   amendments to Calendar 313, Senate Print 6853, by 

 6   me, and ask that said bill retain its place on 

 7   the Third Reading Calendar.

 8                ACTING PRESIDENT PHILLIPS:   The 

 9   amendments are received, and the bill will retain 

10   its place on the Third Reading Calendar.

11                SENATOR DeFRANCISCO:   Can we now go 

12   to the reading of the noncontroversial calendar, 

13   please.

14                ACTING PRESIDENT PHILLIPS:   The 

15   Secretary will read.

16                THE SECRETARY:   Calendar Number 

17   216, by Senator Robach, Senate Print 7341, an act 

18   to amend the Vehicle and Traffic Law.

19                ACTING PRESIDENT PHILLIPS:   Read 

20   the last section.

21                THE SECRETARY:   Section 2.  This 

22   act shall take effect immediately.

23                ACTING PRESIDENT PHILLIPS:   Call 

24   the roll.

25                (The Secretary called the roll.)


                                                               1025

 1                ACTING PRESIDENT PHILLIPS:    

 2   Announce the result.

 3                THE SECRETARY:   In relation to 

 4   Calendar 216, those recorded in the negative are 

 5   Senators Avella, Bailey, Brooks, Gianaris, 

 6   Hamilton, Hoylman, Kavanagh, Kennedy, Krueger, 

 7   Peralta, Persaud, Rivera, Sanders and Serrano.  

 8                Ayes, 39.  Nays, 14.  

 9                ACTING PRESIDENT PHILLIPS:   The 

10   bill is passed.

11                THE SECRETARY:   Calendar Number 

12   357, by Senator Murphy, Senate Print 965, an act 

13   to amend the Public Officers Law.

14                ACTING PRESIDENT PHILLIPS:   Read 

15   the last section.

16                THE SECRETARY:   Section 5.  This 

17   act shall take effect on the 45th day.

18                ACTING PRESIDENT PHILLIPS:   Call 

19   the roll.

20                (The Secretary called the roll.)

21                THE SECRETARY:   Ayes, 53.

22                ACTING PRESIDENT PHILLIPS:   The 

23   bill is passed.

24                THE SECRETARY:   Calendar Number 

25   365, by Senator Murphy, Senate Print 7431, an act 


                                                               1026

 1   to amend the Public Officers Law.

 2                ACTING PRESIDENT PHILLIPS:   Read 

 3   the last section.

 4                THE SECRETARY:   Section 2.  This 

 5   act shall take effect on the first of January.

 6                ACTING PRESIDENT PHILLIPS:   Call 

 7   the roll.

 8                (The Secretary called the roll.)

 9                ACTING PRESIDENT PHILLIPS:    

10   Announce the result.

11                THE SECRETARY:   Ayes, 53.

12                ACTING PRESIDENT PHILLIPS:   The 

13   bill is passed.

14                THE SECRETARY:   Calendar Number 

15   395, by Senator Lanza, Senate Print 3537, an act 

16   to amend the Real Property Law.

17                ACTING PRESIDENT PHILLIPS:   Read 

18   the last section.

19                THE SECRETARY:   Section 2.  This 

20   act shall take effect immediately.

21                ACTING PRESIDENT PHILLIPS:   Call 

22   the roll.

23                (The Secretary called the roll.)

24                ACTING PRESIDENT PHILLIPS:    

25   Announce the result.


                                                               1027

 1                THE SECRETARY:   Ayes, 53.

 2                ACTING PRESIDENT PHILLIPS:   The 

 3   bill is passed.

 4                THE SECRETARY:   Calendar Number 

 5   407, by Senator Bonacic, Senate Print 1030A, an 

 6   act to amend the Alcoholic Beverage Control Law.

 7                ACTING PRESIDENT PHILLIPS:   Read 

 8   the last section.

 9                THE SECRETARY:   Section 2.  This 

10   act shall take effect immediately.

11                ACTING PRESIDENT PHILLIPS:   Call 

12   the roll.

13                (The Secretary called the roll.)

14                ACTING PRESIDENT PHILLIPS:    

15   Announce the result.

16                THE SECRETARY:   Ayes, 53.

17                ACTING PRESIDENT PHILLIPS:   The 

18   bill is passed.

19                THE SECRETARY:   Calendar Number 

20   439, by Senator Savino, Senate Print 5696, an act 

21   to amend the Labor Law.

22                ACTING PRESIDENT PHILLIPS:   Read 

23   the last section.

24                THE SECRETARY:   Section 2.  This 

25   act shall take effect immediately.


                                                               1028

 1                ACTING PRESIDENT PHILLIPS:   Call 

 2   the roll.

 3                (The Secretary called the roll.)

 4                ACTING PRESIDENT PHILLIPS:   Senator 

 5   Savino.

 6                SENATOR SAVINO:   Thank you, Madam 

 7   President.  

 8                I rise in support of this piece of 

 9   legislation.  And some of you may remember in 

10   2014 this house enacted a bill that I introduced, 

11   Senate 5696, Chapter 551 of the Laws of 2014, 

12   that would create a mold remediation and 

13   abatement license in the State of New York.

14                After Superstorm Sandy, we found 

15   that many people were selling their services as 

16   mold remediation specialists to beleaguered 

17   homeowners when in fact they had no idea what 

18   they were doing, leaving people with no 

19   remediation of the mold and a severe financial 

20   loss.  So the Legislature took action, and we 

21   created a mold licensing requirement.

22                At the very end of that year, the 

23   New York City Housing Authority appealed to the 

24   Governor's office and asked that the housing 

25   authority be exempted from the mold remediation 


                                                               1029

 1   licensing requirement in the State of New York.

 2                They gave their word to myself, to 

 3   the Governor and other members of the 

 4   Legislature -- and I believe Senator Kaminsky, he 

 5   was a brand-new Assemblymember, it was the first 

 6   bill he passed that year.  We agreed to a chapter 

 7   amendment to exempt the New York City Housing 

 8   Authority in exchange for their agreement that 

 9   they would create a standard and a training 

10   protocol and curriculum that would be approved by 

11   the Department of Labor that would mirror the 

12   licensing standard for every other property owner 

13   in the State of New York.  To date, they have 

14   done nothing.  

15                They are under a consent decree from 

16   the federal government after tenants sued them on 

17   the deplorable conditions and the mold violations 

18   in public housing.  

19                Just last week, the IDC released 

20   another report chronicling the prevalence of mold 

21   and horrible conditions that people are living 

22   in.  Fifty-nine percent of those surveyed 

23   reported they had mold in their apartment; 

24   56 percent said it took more than two weeks for 

25   NYCHA to even answer them; 24 percent responded 


                                                               1030

 1   that it took management more than a month to 

 2   remove the mold; 24 percent responded that 

 3   someone in their home suffers from asthma; 

 4   52 percent responded they have had leaking roofs, 

 5   windows or pipes that have caused water to leak 

 6   into their apartment for years -- not days, not 

 7   weeks, years.

 8                We know the effects of deadly mold 

 9   on people.  We've given NYCHA enough time.  The 

10   time is up, it is time for them to be included in 

11   the mold remediation licensing requirement that 

12   every other homeowner in the State of New York is 

13   required to abide by.  

14                I urge my colleagues to join me and 

15   support this legislation.  The people who live in 

16   public housing suffer enough.

17                And finally, for those of you who 

18   have been following the case of an 85-year-old 

19   woman in the Bronx, the New York Post has been 

20   writing about her for the past week, and the 

21   conditions that she's been living in are 

22   absolutely deplorable, mold being one of them.  

23                So thank you, Madam President, and I 

24   urge all my colleagues to please support me in 

25   this legislation.


                                                               1031

 1                ACTING PRESIDENT PHILLIPS:   Senator 

 2   Savino recorded in the affirmative.

 3                Senator Sanders to explain his vote.

 4                SENATOR SANDERS:   With a heavy 

 5   heart, I rise to speak on this issue.  

 6                I have many, many residents of NYCHA 

 7   in my district and the conditions of some of my 

 8   residents are conditions that no one should be 

 9   forced to deal with, no one should be forced to 

10   handle.  We cannot sit idle in this situation.  

11                We certainly -- and I applaud the 

12   author of this; it's one of the moves that we 

13   must make.  Another move, of course, is that we 

14   need to put real money -- it's not enough to say, 

15   and I'm sure that that's not what she's saying, 

16   but it would not be enough to say, "Okay, we're 

17   going to go back to another system."  We have to 

18   find some money to do the lead and the mold 

19   remediation.

20                ACTING PRESIDENT PHILLIPS:   Senator 

21   Sanders, excuse me.

22                Could we have a little decorum in 

23   the Senate chamber, please.  Thank you.  

24                Excuse me, sir.

25                SENATOR SANDERS:   So I am going to 


                                                               1032

 1   go with my colleague on this one, but I believe 

 2   that this should be the opening move, the very 

 3   beginning of what needs to happen.  And I applaud 

 4   the author, and I ask my colleagues, all, that we 

 5   have to go beyond just laws, we're going to have 

 6   to put our money where our mouth is on this 

 7   issue.

 8                Thank you very much, Madam 

 9   President.

10                ACTING PRESIDENT PHILLIPS:   Thank 

11   you.  Senator Sanders is recorded in the 

12   affirmative.

13                Senator Rivera.

14                SENATOR RIVERA:   Thank you, Madam 

15   President.  I want to piggyback onto what my 

16   colleagues have been saying.  

17                First of all, I certainly thank 

18   Senator Savino for bringing this to the floor.  

19   And I agree with my colleague Senator Sanders 

20   that it should be the first thing that we do.  It 

21   is necessary.  It is a good idea to create a 

22   standard -- or to hold NYCHA to the same 

23   standards as it refers to mold inspection, 

24   assessment and remediation.  

25                I want to make sure, however, that 


                                                               1033

 1   we take the extra steps.  And I remind my 

 2   colleagues and other folks who might be hearing 

 3   that we need to make sure that we commit 

 4   ourselves also in -- that as our colleagues said, 

 5   that we put our money where our mouth is.  

 6                I remind everyone that last year 

 7   there were $200 million that were assigned to 

 8   NYCHA that still has not moved.  I would ask for 

 9   those who might be in some sort of, let's say, 

10   power struggle to get over that and consider the 

11   tenants of NYCHA, who are the ones that we 

12   ultimately represent and we should be working 

13   for.  

14                And I would also remind everyone 

15   that the Democratic Conference has for the last 

16   couple of years said very clearly that we need 

17   more money and has asked the state to commit 

18   about $500 million that could be lock-boxed and 

19   specifically aimed at solving the structural 

20   problems that cause mold to begin with.  

21                If we do not actually fix the roofs 

22   and if we just focus on certain elements of 

23   certain apartments, just fixing this apartment, 

24   that apartment, painting here, remediation there, 

25   without fixing the larger infrastructure 


                                                               1034

 1   problems, this is just going to continue.  

 2                So I laud my colleague for bringing 

 3   this to the floor.  I will vote in the 

 4   affirmative.  But I will remind all of us, 

 5   particularly now that we are so close to getting 

 6   a budget done, that we have to make sure that we 

 7   put real money into the budget, that we put real 

 8   money into NYCHA.  That we hold them accountable, 

 9   certainly, but that we give them the ability to 

10   be able to fix the structural problems that are 

11   causing this to begin with.  

12                I'll be voting in the affirmative.  

13   Thank you, Madam President.

14                ACTING PRESIDENT PHILLIPS:   Senator 

15   Rivera is recorded in the affirmative.

16                Announce the result.

17                THE SECRETARY:   Ayes, 60.

18                ACTING PRESIDENT PHILLIPS:   The 

19   bill is passed.

20                THE SECRETARY:   Calendar Number 

21   443, by Senator Seward, Senate Print 4546, an act 

22   to amend the Insurance Law.

23                ACTING PRESIDENT PHILLIPS:   Read 

24   the last section.

25                THE SECRETARY:   Section 2.  This 


                                                               1035

 1   act shall take effect immediately.

 2                ACTING PRESIDENT PHILLIPS:   Call 

 3   the roll.

 4                (The Secretary called the roll.)

 5                ACTING PRESIDENT PHILLIPS:    

 6   Announce the result.

 7                THE SECRETARY:   Ayes, 60.

 8                ACTING PRESIDENT PHILLIPS:   The 

 9   bill is passed.

10                THE SECRETARY:   Calendar Number 

11   528, by Senator Hannon, Senate Print 1870, an act 

12   to amend the Social Services Law.

13                ACTING PRESIDENT PHILLIPS:   Read 

14   the last section.

15                THE SECRETARY:   Section 2.  This 

16   act shall take effect immediately.

17                ACTING PRESIDENT PHILLIPS:   Call 

18   the roll.

19                (The Secretary called the roll.)

20                ACTING PRESIDENT PHILLIPS:    

21   Announce the result.

22                THE SECRETARY:   Ayes, 60.

23                ACTING PRESIDENT PHILLIPS:   The 

24   bill is passed.

25                That completes the noncontroversial 


                                                               1036

 1   reading of the calendar.

 2                SENATOR DeFRANCISCO:   Madam 

 3   President, can we now take up Resolution 4108, by 

 4   Senator Flanagan, read it in its entirety, and 

 5   call on Senator Little to speak.

 6                ACTING PRESIDENT PHILLIPS:   The 

 7   Secretary will read.

 8                THE SECRETARY:   Legislative 

 9   Resolution Number 4108, by Senator Flanagan, 

10   commemorating the induction of three new 

11   inductees into the New York State Senate's 

12   Historical Women of Distinction 2018 exhibit.

13                "WHEREAS, It is the sense of this 

14   Legislative Body to acknowledge and celebrate  

15   individuals and events of historic significance 

16   which add vitality, sensitivity, understanding 

17   and inspiration to the diversity and value of the 

18   people of this great Empire State; and 

19                "WHEREAS, Women of every economic, 

20   ethnic and religious background have made 

21   significant contributions that are reflected in 

22   our cultural, social, educational, industrial and 

23   economic diversity, and have contributed in many 

24   ways, including as writers, educators, 

25   scientists, heads of state, politicians, civil 


                                                               1037

 1   rights crusaders, artists, entertainers, 

 2   businesswomen, military personnel, aviators, 

 3   entrepreneurs, philanthropists, health 

 4   professionals, engineers, religious leaders, 

 5   judges, lawyers, law enforcement personnel, 

 6   athletes, mothers, nurturers and the building 

 7   blocks of our communities; and 

 8                "WHEREAS, It is the purpose of this 

 9   Legislative Body to induct three new honorees for 

10   the year 2018:  educator Sarah J. Smith Tompkins 

11   Garnet (1831-1911) of Brooklyn, Chief Justice 

12   Judith S. Kaye (1938-2016) of Monticello, and 

13   college president and educator Virginia L. Radley 

14   (1927-1998) of Marion; and 

15                "WHEREAS, Women who have become part 

16   of New York's lasting heritage by fighting 

17   against stereotypes, prejudice and seemingly 

18   insurmountable obstacles, include Sojourner Truth 

19   (1797-1883), former slave and famous activist; 

20   Harriet Tubman (1820-1913), best-known 

21   'conductor' of the Underground Railroad and 

22   promoter of black education and women's rights; 

23   suffragettes Susan B. Anthony (1820-1906) and 

24   Elizabeth Cady Stanton (1815-1902); 

25   world-renowned folk artist Grandma Moses 


                                                               1038

 1   (1860-1961); famed reporter Nellie Bly 

 2   (1867-1922); Sybil Ludington (1761-1839), known 

 3   as the "female Paul Revere"; Barbara McClintock 

 4   (1901-1992), Nobel Prize-winning genetic 

 5   scientist; and 'First Lady of the World,'  

 6   Eleanor Roosevelt (1884-1962); and 

 7                "WHEREAS, New York State has been, 

 8   and continues to be, the home to many 

 9   distinguished women who have made their mark in 

10   history as the first in their field to succeed; 

11   representative of these 'firsts' are 

12   contributions by women such as Lady Deborah Moody 

13   (1586-1659), first woman grantee for land 

14   ownership in the New World; Elizabeth Blackwell 

15   (1821-1910), first female physician; America's 

16   first trained nurse, Linda Richards (1841-1930); 

17   Emma Willard (1787-1870), founder of the first 

18   endowed institution of education for women; 

19   hairdressing entrepreneur Madam C.J. Walker 

20   (1867-1919), Harlem leader and first self-made  

21   female millionaire in the U.S.; Buffalonian 

22   Louise Blanchard Bethune (1856-1913), first 

23   professional female architect in the nation;  

24   Lucille Ball (1911-1989), actor and president of 

25   Desilu Productions, the first woman to lead a 


                                                               1039

 1   major Hollywood production company; Katharine 

 2   Bement Davis (1860-1935), New York City 

 3   Correction Commissioner, first woman to head a 

 4   major city agency; Winifred Edgerton Merrill 

 5   (1862-1951), the first American woman to receive 

 6   a Ph.D. in mathematics; Dr. Mary Edwards Walker 

 7   (1832-1919), the first and only woman to be  

 8   presented with the Congressional Medal of Honor; 

 9   and Belva Lockwood (1830-1917), the first woman 

10   to practice law before the United States Supreme 

11   Court; and 

12                "WHEREAS, This Legislative Body 

13   recognizes that New York State is the home to 

14   countless women who are strong and colorful 

15   threads, vital to the fabric of our rich 

16   heritage, who have contributed, and continue to 

17   add to the advancement of our culture through 

18   their traditional and non-traditional roles in 

19   society; now, therefore, be it 

20                "RESOLVED, That this Legislative 

21   Body pause in its deliberations to commemorate 

22   the induction of three new inductees into the 

23   New York State Senate's Historical Women of 

24   Distinction 2018 exhibit; and be it further 

25                "RESOLVED, That copies of this 


                                                               1040

 1   resolution, suitably engrossed, be transmitted to 

 2   the National Women's Hall of Fame and the 

 3   New York State Division for Women."

 4                ACTING PRESIDENT PHILLIPS:   Senator 

 5   Little.

 6                SENATOR LITTLE:   Thank you, Madam 

 7   President.  

 8                It is my honor today to talk about 

 9   these three distinguished women who are being 

10   added to the Historic Women of New York State.  

11   The first would be Sarah J. Smith Tompkins 

12   Garnet, who was born in 1831 and was the first 

13   African-American female principal in the New York 

14   City school system.  

15                In 1863, she was appointed principal 

16   of Grammar School No. 4 and Public School No. 80.  

17   She also worked tirelessly in her career against 

18   racial discrimination against African-American 

19   teachers by advocating for equal pay for equal 

20   work and by removing racial barriers to teacher 

21   assignments.

22                She even came to Albany and 

23   testified before the Legislature.  She also was 

24   an advocate in the suffrage movement, advocating 

25   for voting rights for women of color.  As a 


                                                               1041

 1   member of the Equal Suffrage Club, Ms. Garnet 

 2   supported the Niagara Movement, which was a 

 3   predecessor to the National Association for the 

 4   Advancement of Colored People, the NAACP.

 5                She retired from teaching, being a 

 6   principal, and died peacefully at home in 1911 at 

 7   the age of 88.

 8                The second woman being inducted is 

 9   someone that many of us knew, Judge Judith S. 

10   Kaye.  Born in 1938, Judith Kaye was named to 

11   New York State's highest court and the first 

12   woman to serve as the state's Chief Judge.  She 

13   was born in Monticello, graduated from high 

14   school at the age of 15, attended Barnard College 

15   and took night classes at New York University 

16   Law School, graduating in 1962, one of only 10 

17   women in a class of 300.

18                Governor Mario Cuomo interviewed her 

19   twice and appointed her to the bench for a 

20   14-year term, making her the first female justice 

21   of the New York State Court of Appeals in its 

22   150-year history.

23                On September 12, 1983, she became an 

24   associate judge, and on February 22, 1993, she 

25   was appointed by then-Governor Cuomo as the first 


                                                               1042

 1   female Chief Judge in the State of New York.

 2                She also instituted, during her term 

 3   as Chief Judge, many New York court system 

 4   reforms, including creating specialized courts to 

 5   focus on drug addiction, domestic violence, and 

 6   mental health.

 7                She served until 2008, when she 

 8   reached the mandatory retirement age of 70, and 

 9   as you know appeared here in our legislative 

10   chamber many times to swear us in as we began a 

11   new term.  Judge Kaye died in 2016.

12                The first woman being inducted is 

13   Virginia S. Radley, who made history on March 22, 

14   1978, when she became the first woman college 

15   president in the SUNY system.  She was the eighth 

16   president of SUNY Oswego in its 126-year history.  

17   She received a bachelor of arts from Russell Sage 

18   College, a master's from the University of 

19   Rochester, a second master's degree from Syracuse 

20   University, as well as her Ph.D. from Syracuse 

21   University -- a true New York woman.

22                From 1975 to 1985, she increased the 

23   percentage of women employed at SUNY Oswego, as 

24   well as doubling those who were on the executive 

25   level.  Excellence was Dr. Radley's battle cry, 


                                                               1043

 1   and she was known for her commitment to quality 

 2   throughout her career.  

 3                She was a tireless advocate for 

 4   women and received many awards:  Trailblazer in 

 5   Education, Pathfinder Award for Outstanding 

 6   Contributions to the Advancement of Women in 

 7   Administration.  Dr. Radley retired from the SUNY 

 8   system in 1992 and died in 1998.

 9                These three women will be added to 

10   the New York State Senate Historical Women of 

11   Distinction.  And you'll notice the display over 

12   in the Legislative Office Building; their photos 

13   and histories will be added to that.  

14                So we are grateful for having them 

15   in New York State, and it's an honor to recognize 

16   them.  Thank you.

17                ACTING PRESIDENT PHILLIPS:   Thank 

18   you, Senator Little.

19                The question is on the resolution.  

20   All in favor signify by saying aye.

21                (Response of "Aye.")

22                ACTING PRESIDENT PHILLIPS:    

23   Opposed, nay.

24                (No response.)

25                ACTING PRESIDENT PHILLIPS:   The 


                                                               1044

 1   resolution is adopted.

 2                Floor Leader.

 3                SENATOR GRIFFO:   Madam President, 

 4   that resolution is open for cosponsorship.  If a 

 5   member chooses not to be a cosponsor, they should 

 6   notify the desk.

 7                ACTING PRESIDENT PHILLIPS:   The 

 8   resolution is open for cosponsorship.  If you 

 9   would like to be a cosponsor, please notify the 

10   desk.  

11                SENATOR GRIFFO:   No, Madam 

12   President, if you choose not to be a cosponsor, 

13   we would ask that they notify the desk.

14                ACTING PRESIDENT PHILLIPS:   Ah.  So 

15   if you choose not to be a cosponsor, please 

16   notify the desk.

17                Thank you.  Thank you for the 

18   clarification.  

19                Senator Griffo.

20                SENATOR GRIFFO:   Madam President, I 

21   would like you to recognize Senator Kaminsky for 

22   the purposes of an introduction.

23                ACTING PRESIDENT PHILLIPS:   Senator 

24   Kaminsky for the purpose of an introduction.

25                SENATOR KAMINSKY:   Thank you, Madam 


                                                               1045

 1   President.  I ask today to recognize Johanna 

 2   Sofield, a founder of a not-for-profit in 

 3   Long Beach called the Long Beach Christmas Angel.  

 4   And I'm joined by hundreds outside who welcome 

 5   her as well.  

 6                (Laughter.)

 7                SENATOR KAMINSKY:   Johanna Sofield 

 8   started a charity a number of years ago called 

 9   the Long Beach Christmas Angel with a very simple 

10   purpose:  Those in our community who had a little 

11   less around a very special time of year needed 

12   some gifts, needed some help.  They should have 

13   presents like everybody else too.  

14                And what she started as a very kind 

15   idea and a very nice gesture soon met a greater 

16   challenge with Superstorm Sandy.  And many 

17   families unable to pay their mortgage, who needed 

18   furniture, who were living with mold, who needed 

19   a place to stay, were given a helping hand by the 

20   Long Beach Christmas Angel.  Johanna soon found 

21   herself inundated and grew and got bigger.  And 

22   to this day, she's helped hundreds if not 

23   thousands of residents and has helped them obtain 

24   hundreds and thousands of dollars that they 

25   needed.


                                                               1046

 1                Our not-for-profits play such an 

 2   important role filling in the gaps in our 

 3   society.  And Johanna has been the angel of the 

 4   Long Beach Christmas Angel.  We honor her here 

 5   today for her great work.  She deserves every bit 

 6   of that.  In our time, when someone needs some 

 7   help, she's about the first or second call 

 8   someone gets.  She rarely ever turns anyone down 

 9   and comes through spectacularly.  

10                Johanna, you're a star.  We're 

11   grateful to have here.  You were the Long Beach 

12   Herald Person of the Year a few years ago for 

13   good reason, and today we honor you again for the 

14   great work of the Long Beach Christmas Angel.  

15   Congratulations, and keep going.

16                (Standing ovation.)

17                ACTING PRESIDENT PHILLIPS:    

18   Johanna, I want to echo Senator Kaminsky's 

19   comments.  We have known each other for several 

20   years now.  Our daughters played lacrosse 

21   together.  

22                And after the devastation that 

23   happened through Superstorm Sandy, I personally 

24   got to see her efforts.  And her organization is 

25   truly named after her as an angel.  


                                                               1047

 1                So Senator Kaminsky, thank you for 

 2   bringing Johanna up here.  I can't think of 

 3   anyone else that deserves this recognition.  So 

 4   thank you.  Thank you very much.

 5                Senator Griffo.

 6                SENATOR GRIFFO:   Madam President, I 

 7   would ask that we take up previously adopted 

 8   Resolution Number 3451, by Senator Hannon, title 

 9   only, and then call upon Senator Hannon to speak.

10                ACTING PRESIDENT PHILLIPS:   The 

11   Secretary will read.

12                THE SECRETARY:   Legislative 

13   Resolution Number 3451, by Senator Hannon, 

14   memorializing Governor Andrew M. Cuomo to 

15   proclaim March 2018 as Kidney Disease Awareness 

16   Month in the State of New York, in conjunction 

17   with the observance of National Kidney Month.

18                ACTING PRESIDENT PHILLIPS:   Senator 

19   Hannon on the resolution.

20                SENATOR HANNON:   Thank you, Madam 

21   President.

22                I want to take the occasion of using 

23   this resolution, which calls on March to be 

24   Kidney Awareness Month, to not just talk about 

25   the need for addressing renal disease -- which 


                                                               1048

 1   that is the disease when you suffer from kidney 

 2   problems -- because 10 percent of all Americans 

 3   have that, but use it as an occasion to talk 

 4   about something that we've initiated by 

 5   legislation in regard to live-donor donation of 

 6   kidneys from one live person to another live 

 7   person, a relatively new type of transplant 

 8   adding to use of a kidney from a cadaver.  And 

 9   this allows us to expand the amount of people 

10   that we can successfully give extended lives, 

11   enriched lives.  They don't have to be going 

12   through dialysis every week.

13                So this is something to make 

14   everybody aware.  People are not necessarily 

15   aware that you can do this from live donor to 

16   live donor.  Many of the major hospitals are just 

17   now beginning this whole process.  So it's there, 

18   we're on the cutting edge, and yet it is 

19   something that you can absolutely help 

20   individuals with the quality of their life in 

21   this state.

22                So I commend this to the body for 

23   adoption.

24                ACTING PRESIDENT PHILLIPS:   Thank 

25   you, Senator Hannon.


                                                               1049

 1                Floor Leader.

 2                SENATOR GRIFFO:   Madam President, 

 3   that resolution was previously adopted on 

 4   January 17th of 2018.

 5                And it is open for cosponsorship.  

 6   Should a member choose to be a cosponsor, they 

 7   should notify the desk.

 8                ACTING PRESIDENT PHILLIPS:   The 

 9   resolution is opened for cosponsorship.  If you 

10   would like to be a cosponsor, please notify the 

11   desk.

12                Senator Griffo.

13                SENATOR GRIFFO:   Madam President, I 

14   would ask now that we take up Resolution Number 

15   4084, by Senator Kennedy, title only, and call on 

16   Senator Kennedy to speak.

17                ACTING PRESIDENT PHILLIPS:   The 

18   Secretary will read.

19                THE SECRETARY:   Legislative 

20   Resolution Number 4084, by Senator Kennedy, 

21   commending James Sumbrum, Sr., upon the occasion 

22   of his designation as Grand Marshal of the 25th 

23   Annual Old First Ward St. Patrick's Day Parade.

24                ACTING PRESIDENT PHILLIPS:   Senator 

25   Kennedy on the resolution.


                                                               1050

 1                SENATOR KENNEDY:   Thank you, Madam 

 2   President.  

 3                Today I rise to honor James Sumbrum, 

 4   Sr., the Grand Marshal of the 25th Annual "Old 

 5   Neighborhood" St. Patrick's Day Parade in 

 6   Buffalo's Old First Ward, coming up this 

 7   Saturday.

 8                Jim is the son of the late Joseph 

 9   and Mary Ellen Sumbrum, and is a lifelong 

10   resident of the Old First Ward, growing up as one 

11   of 10 children on Alabama Street.

12                Jim is proud to carry on the family 

13   tradition of participating in this great parade.  

14   His mother, the late Mary Ellen Kearns Sumbrum, 

15   was the 2012 Grand Marshal of the Old 

16   Neighborhood St. Patrick's Day parade.

17                As a kid, Jim could be found playing 

18   floor hockey at the Valley Community Center.  

19   It's here that he would meet the love of his 

20   life, Pamela Wasileski Sumbrum.  Jim and Pam have 

21   been married for 41 years and have two sons, 

22   James "Bucky" Sumbrum; and Justin "Buzzy" 

23   Sumbrum.  They've been blessed with wonderful 

24   daughters-in-law, Amy and Courtney, and three 

25   happy, healthy grandchildren.


                                                               1051

 1                Jim worked a number of jobs 

 2   throughout his life, sometimes a few at a time.  

 3   Although he made his career as a truck driver for 

 4   the City of Buffalo, there is no doubt that his 

 5   time spent with the young people in the Old First 

 6   Ward and the Valley Community Center is some of 

 7   his proudest work.  He knew that getting kids 

 8   involved with sports and in the community would 

 9   help keep them off the streets and instill a 

10   sense of camaraderie and leadership in them.

11                Jim was never really off the clock.  

12   For years he volunteered as a member of the 

13   Valley board of directors, coached Little League, 

14   Valley First Ward football, Mariners, Steamers 

15   and South Buffalo Tigers, and spearheaded food 

16   concessions at Rally in the Valley.

17                Jim launched South Buffalo lacrosse 

18   at Father Conway Park, fielding 160 kids in its 

19   first year, introducing dozens of young people to 

20   a sport that they may have never been exposed to 

21   otherwise.  What started as a few teams playing 

22   in the park became a widely revered league with 

23   several students going on to play in college and 

24   receiving scholarships.  

25                Despite life's curve balls, Jim 


                                                               1052

 1   continues to persevere with an upbeat attitude 

 2   and a nonstop sense of humor.  He is faithful to 

 3   his neighborhood and committed to his family, 

 4   especially his granddaughters, Lilly, Maddie, and 

 5   Adeline, as well as his first grandson, who is 

 6   due to arrive this May.

 7                Jim is most deserving to be honored 

 8   as Grand Marshal of the 2018 Old Neighborhood 

 9   St. Patrick's Day Parade.  Today I thank Jim for 

10   his lifelong commitment to improving our 

11   community.  He epitomizes what it means to be 

12   Irish, an Old First Warder, a Buffalonian, and a 

13   New Yorker.  We are honored and proud to call him 

14   one of our own.  

15                We look forward to celebrating Grand 

16   Marshal Jim Sumbrum, his family, community and 

17   everything he loves, especially the Irish, this 

18   upcoming St. Patrick's Day weekend.  We 

19   congratulate the Grand Marshal, Jim Sumbrum, and 

20   look forward to a grand celebration.

21                Thank you, Madam President.

22                ACTING PRESIDENT PHILLIPS:   Thank 

23   you, Senator Kennedy.  

24                And congratulations and thanks to 

25   Grand Marshal Jim Sumbrum for his commitment to 


                                                               1053

 1   our community.

 2                The question is on the resolution. 

 3   All in favor signify by saying aye.

 4                (Response of "Aye.")

 5                ACTING PRESIDENT PHILLIPS:    

 6   Opposed, nay.

 7                (No response.)

 8                ACTING PRESIDENT PHILLIPS:   The 

 9   resolution is adopted.

10                Floor Leader.

11                SENATOR GRIFFO:   Madam President, 

12   the resolution by Senator Kennedy is open for 

13   cosponsorship at the sponsor's request.  If a 

14   member chooses to be a cosponsor, please come and 

15   notify the desk.

16                ACTING PRESIDENT PHILLIPS:   The 

17   resolution is opened for cosponsorship.  If you'd 

18   like to be a cosponsor, please notify the desk.

19                Senator Griffo.

20                SENATOR GRIFFO:   Madam President, 

21   I'd now ask that we take up Resolutions Number 

22   4060, 4061, 4062, 4063 and 4065, by Senator 

23   Montgomery, read the titles only, and call upon 

24   Senator Montgomery to speak.

25                ACTING PRESIDENT PHILLIPS:   The 


                                                               1054

 1   Secretary will read.

 2                THE SECRETARY:   Legislative 

 3   Resolution Number 4060, by Senator Montgomery, 

 4   honoring Sharon Content upon the occasion of 

 5   being inducted into the Strong Nonprofits for 

 6   Better New York's Women in Human Services Hall of 

 7   Fame on March 13, 2018.

 8                Resolution Number 4061, by Senator 

 9   Montgomery, honoring Monique Newkirk upon the 

10   occasion of being inducted into the Strong 

11   Nonprofits for Better New York's Women in Human 

12   Services Hall of Fame on March 13, 2018.

13                Legislative Resolution Number 4062, 

14   by Senator Montgomery, honoring Marla Simpson 

15   upon the occasion of being inducted into the 

16   Strong Nonprofits for Better New York's Women in 

17   Human Services Hall of Fame on March 13, 2018.

18                Legislative Resolution Number 4063, 

19   by Senator Montgomery, honoring Lillie Marshall 

20   upon the occasion of being inducted into the 

21   Strong Nonprofits for Better New York's Women in 

22   Human Services Hall of Fame on March 13, 2018.

23                And Legislative Resolution Number 

24   4065, by Senator Montgomery, honoring Ivy Gamble 

25   Cobb upon the occasion of being inducted into the 


                                                               1055

 1   Strong Nonprofits for Better New York's Women in 

 2   Human Services Hall of Fame on March 13, 2018.

 3                ACTING PRESIDENT PHILLIPS:   Senator 

 4   Montgomery.

 5                SENATOR MONTGOMERY:   Thank you, 

 6   Madam President.

 7                I rise to honor the Strong 

 8   Nonprofits for Better New York's Hall of Fame 

 9   organization and the women that they have decided 

10   to recognize and place into what they consider 

11   their Hall of Fame for the State of New York.

12                Our nonprofit community is on the 

13   front lines each and every day in our state, 

14   across the state.  We as elected officials, as 

15   government officials, rely heavily on them to 

16   serve some of our most vulnerable populations.  

17   And they do so admirably and consistently, year 

18   in and year out.  

19                I am proud to represent a district 

20   that is home to so many strong nonprofit 

21   organizations where women hold major leadership 

22   positions.  Women, as we know, lead our major 

23   institutions, run our most effective programming, 

24   and advocate for those most in need of a voice in 

25   our state.


                                                               1056

 1                I am so honored that these women, 

 2   the five women that you mentioned, are from my 

 3   district and that they're being acknowledged here 

 4   today in Albany in our own chamber.  As a member 

 5   of the New York State women's suffrage, I am 

 6   extremely proud to be part of the recognition of 

 7   these women.

 8                The five women that are mentioned 

 9   here in these resolutions have devoted their 

10   time, their energy, and their entire lives to 

11   empowering others, and I see firsthand the impact 

12   they have on my constituents.  I will name them 

13   briefly, Madam Chair -- if you don't mind, Madam 

14   President.  

15                Ivy Gamble Cobb, who is the 

16   executive director of The Family Center located 

17   in Bedford-Stuyvesant in Brooklyn.  

18                Sharon Content, president and 

19   founder of Children of Promise.  I see the work 

20   that she has done on behalf of children of 

21   incarcerated parents.

22                Marla Simpson, who is the executive 

23   director of the Brooklyn Community Services, 

24   which is an organization that for so many, many 

25   years has served children, families, including 


                                                               1057

 1   very young children and their families in the 

 2   borough of Brooklyn.  

 3                Monique Newkirk, who is a senior 

 4   program director of Good Shepherd Services.  Good 

 5   Shepherd Services serves high school students, 

 6   serves students with special needs, provides 

 7   support services in high schools in my district, 

 8   provides the Close to Home programming, provides 

 9   family services, and most importantly, is poised 

10   to be one of the premier Raise the Age 

11   institutions in Brooklyn and especially in my 

12   district.

13                So we are responsible, as elected 

14   officials here, to support these important 

15   service providers in our budget, in our 

16   recognition of their leaders, and certainly in 

17   this month when we recognize women, understanding 

18   that women play such an important role in 

19   providing services and support to people in our 

20   state.

21                So thank you for allowing me to 

22   honor those women today, Madam President.

23                ACTING PRESIDENT PHILLIPS:   Thank 

24   you, Senator Montgomery, for bringing these women 

25   to our attention.


                                                               1058

 1                The question is on the resolutions.  

 2   All in favor signify by saying aye.

 3                (Response of "Aye.")

 4                ACTING PRESIDENT PHILLIPS:    

 5   Opposed, nay.

 6                (No response.)

 7                ACTING PRESIDENT PHILLIPS:   The 

 8   resolutions are adopted.

 9                Senator Griffo.

10                SENATOR GRIFFO:   Madam President, 

11   at Senator Montgomery's request, the 

12   resolutions are open for cosponsorship.  If a 

13   member chooses to be a cosponsor, they should 

14   notify the desk.

15                ACTING PRESIDENT PHILLIPS:   The 

16   resolutions are opened for cosponsorship.  If 

17   you'd like to be a cosponsor, please notify the 

18   desk.

19                Senator Griffo.

20                SENATOR GRIFFO:   Madam President, 

21   is there any further business before the desk?

22                ACTING PRESIDENT PHILLIPS:   There 

23   is no further business at the desk.

24                SENATOR GRIFFO:   Accordingly, 

25   Madam President, I move that we adjourn until 


                                                               1059

 1   Wednesday, March 14th, at 1:00 p.m.

 2                ACTING PRESIDENT PHILLIPS:   On 

 3   motion, the Senate stands adjourned until 

 4   Wednesday, March 14th, at 1:00 p.m.

 5                (Whereupon, at 4:42 p.m., the Senate 

 6   adjourned.)

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