Regular Session - May 30, 2018

                                                                   3024

 1               NEW YORK STATE SENATE

 2                          

 3                          

 4              THE STENOGRAPHIC RECORD

 5                          

 6                          

 7                          

 8                          

 9                  ALBANY, NEW YORK

10                    May 30, 2018

11                     4:30 p.m.

12                          

13                          

14                  REGULAR SESSION

15  

16  

17  

18  SENATOR JOSEPH GRIFFO, Acting President

19  FRANCIS W. PATIENCE, Secretary

20  

21  

22  

23  

24  

25  


                                                               3025

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

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Senate will come to order.  

 4                I ask all present to please rise 

 5   and join with me as we recite the Pledge of 

 6   Allegiance to our Flag.

 7                (Whereupon, the assemblage recited 

 8   the Pledge of Allegiance to the Flag.)

 9                ACTING PRESIDENT GRIFFO:   Today's 

10   invocation will be offered by Rabbi Steven 

11   Graber, from Temple Hillel of North Woodmere.

12                RABBI GRABER:   Lord our God, I 

13   stand before You today in the presence of great 

14   leadership, people who have been chosen from all 

15   over our great state to represent and lead the 

16   people by establishing laws and rules that will 

17   bring us all to a better life.  

18                Teach our leaders, O Lord, to use 

19   the gifts that You have bestowed upon them, so 

20   that they can formulate balanced answers to the 

21   difficult times which we face.

22                May they work to the benefit of all 

23   of us.  Help them, O Lord, to foster stability 

24   and growth in the workplace.  Help them to make 

25   our schools safer and scholastically stronger.  


                                                               3026

 1   Help them to act in kindness and love and 

 2   humility and compassion as they work together to 

 3   create a more balanced society where justice is 

 4   tempered with mercy, a society where goodness 

 5   and righteousness can advance and thrive.

 6                Our state motto is Excelsior, which 

 7   means "Ever Upward."  With Your help, O Lord, 

 8   may these fine men and women of the Senate 

 9   continue to lead us ever upward.

10                Lord our God, shine Your light upon 

11   all who have assembled here today {in Hebrew}.  

12   Grant blessing and success to all the worthy 

13   deeds which they perform.  

14                And let us say amen.

15                ACTING PRESIDENT GRIFFO:   Thank 

16   you, Rabbi.

17                Reading of the Journal.

18                THE SECRETARY:   In Senate, 

19   Tuesday, May 29th, the Senate met pursuant to 

20   adjournment.  The Journal of Saturday, May 26th, 

21   was read and approved.  On motion, Senate 

22   adjourned.

23                ACTING PRESIDENT GRIFFO:   Without 

24   objection, the Journal will stand approved as 

25   read.


                                                               3027

 1                Presentation of petitions.  

 2                Messages from the Assembly.

 3                The Secretary will read.

 4                THE SECRETARY:   On page 21, 

 5   Senator Amedore moves to discharge, from the 

 6   Committee on Local Government, Assembly Bill 

 7   Number 8806 and substitute it for the identical 

 8   Senate Bill 6958, Third Reading Calendar 280.  

 9                On page 27, Senator Serino moves to 

10   discharge, from the Committee on Mental Health 

11   and Developmental Disabilities, Assembly Bill 

12   Number 9019A and substitute it for the identical 

13   Senate Bill 7171A, Third Reading Calendar 403.

14                On page 35, Senator Gallivan moves 

15   to discharge, from the Committee on Local 

16   Government, Assembly Bill Number 9711 and 

17   substitute it for the identical Senate Bill 

18   7547, Third Reading Calendar 569.

19                On page 42, Senator Marchione moves 

20   to discharge, from the Committee on Local 

21   Government, Assembly Bill Number 10348 and 

22   substitute it for the identical Senate Bill 

23   7855, Third Reading Calendar 684.

24                On page 42, Senator Marchione moves 

25   to discharge, from the Committee on Local 


                                                               3028

 1   Government, Assembly Bill Number 10349 and 

 2   substitute it for the identical Senate Bill 

 3   7856A, Third Reading Calendar 685.  

 4                On page 44, Senator Parker moves to 

 5   discharge, from the Committee on Energy and 

 6   Telecommunications, Assembly Bill Number 6255 and 

 7   substitute it for the identical Senate Bill 6160, 

 8   Third Reading Calendar 716.

 9                On page 48, Senator Little moves to 

10   discharge, from the Committee on Finance, 

11   Assembly Bill Number 8723A and substitute it for 

12   the identical Senate Bill 6895A, Third Reading 

13   Calendar 797.

14                On page 49, Senator LaValle moves to 

15   discharge, from the Committee on Higher 

16   Education, Assembly Bill Number 10174 and 

17   substitute it for the identical Senate Bill 8088, 

18   Third Reading Calendar 807.

19                On page 57, Senator Helming moves to 

20   discharge, from the Committee on Local 

21   Government, Assembly Bill 10044A and substitute 

22   it for the identical Senate Bill 7980A, Third 

23   Reading Calendar 948.

24                On page 60, Senator Lanza moves to 

25   discharge, from the Committee on Cities, 


                                                               3029

 1   Assembly Bill Number 10236 and substitute it for 

 2   the identical Senate Bill 8071, Third Reading 

 3   Calendar 980.

 4                On page 65, Senator Breslin moves to 

 5   discharge, from the Committee on Environmental 

 6   Conservation, Assembly Bill Number 10342 and 

 7   substitute it for the identical Senate Bill 8162, 

 8   Third Reading Calendar 1036.

 9                On page 67, Senator Little moves to 

10   discharge, from the Committee on Commerce, 

11   Economic Development and Small Business, 

12   Assembly Bill Number 9851 and substitute it for 

13   the identical Senate Bill 7943, Third Reading 

14   Calendar 1082.

15                And on page 79, Senator DeFrancisco 

16   moves to discharge, from the Committee on 

17   Finance, Assembly Bill Number 8789 and substitute 

18   it for the identical Senate Bill 6938, 

19   Third Reading Calendar 1235.

20                ACTING PRESIDENT GRIFFO:   The 

21   substitutions are so ordered as read.

22                Messages from the Governor.

23                Reports of standing committees.

24                Reports of select committees.

25                Communications and reports of state 


                                                               3030

 1   officers.  

 2                Motions and resolutions.  

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   Yes, 

 5   Mr. President, I wish to call up Senator 

 6   Bonacic's bill, Print Number 6244, recalled from 

 7   the Assembly, which is now at the desk.

 8                ACTING PRESIDENT GRIFFO:   The 

 9   Secretary will read.

10                THE SECRETARY:   Calendar Number 

11   333, by Senator Bonacic, Senate Print 6244, an 

12   act to amend the Rural Electric Cooperative Law.

13                SENATOR DeFRANCISCO:   I now move to 

14   reconsider the vote by which the bill was passed.

15                ACTING PRESIDENT GRIFFO:   Call the 

16   roll on reconsideration.

17                (The Secretary called the roll.)

18                THE SECRETARY:   Ayes, 56.

19                SENATOR DeFRANCISCO:   I now offer 

20   the following amendments.

21                ACTING PRESIDENT GRIFFO:   The 

22   amendments are received.

23                SENATOR DeFRANCISCO:   I'd now like 

24   to call up Senator Griffo's bill, Print Number 

25   7418A, recalled from the Assembly, which is now 


                                                               3031

 1   at the desk.

 2                ACTING PRESIDENT GRIFFO:   The 

 3   Secretary will read.

 4                THE SECRETARY:   Calendar Number 

 5   399, by Senator Griffo, Senate Print 7418A, an 

 6   act to amend the Real Property Tax Law.

 7                SENATOR DeFRANCISCO:   I now move to 

 8   reconsider the vote by which the bill was passed.

 9                ACTING PRESIDENT GRIFFO:   Call the 

10   roll on reconsideration.

11                (The Secretary called the roll.)

12                THE SECRETARY:   Ayes, 56.

13                SENATOR DeFRANCISCO:   I now offer 

14   the following amendments.

15                ACTING PRESIDENT GRIFFO:   The 

16   amendments are received.

17                SENATOR DeFRANCISCO:   I now would 

18   like to call up Senator Seward's bill, Print 

19   Number 3960, recalled from the Assembly, which is 

20   now at the desk.

21                ACTING PRESIDENT GRIFFO:   The 

22   Secretary will read.

23                THE SECRETARY:   Calendar Number 

24   442, by Senator Seward, Senate Print 3960, an act 

25   to amend the Insurance Law.


                                                               3032

 1                SENATOR DeFRANCISCO:   I now move to 

 2   reconsider the vote by which the bill was passed.

 3                ACTING PRESIDENT GRIFFO:   Call the 

 4   roll on reconsideration.

 5                (The Secretary called the roll.)

 6                THE SECRETARY:   Ayes, 56.

 7                SENATOR DeFRANCISCO:   I now offer 

 8   the following amendments.

 9                ACTING PRESIDENT GRIFFO:   The 

10   amendments are received.

11                SENATOR DeFRANCISCO:   I wish to now 

12   call up Senator Tedisco's bill, Print Number 

13   5369, recalled from the Assembly, which is now at 

14   the desk.

15                ACTING PRESIDENT GRIFFO:   The 

16   Secretary will read.

17                THE SECRETARY:   Calendar Number 

18   606, by Senator Tedisco, Senate Print 5369, an 

19   act to amend the Vehicle and Traffic Law.

20                SENATOR DeFRANCISCO:   I now move to 

21   reconsider the vote by which the bill was passed.

22                ACTING PRESIDENT GRIFFO:   Call the 

23   roll on reconsideration.

24                (The Secretary called the roll.)

25                THE SECRETARY:   Ayes, 56.


                                                               3033

 1                SENATOR DeFRANCISCO:   I now offer 

 2   the following amendments.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   amendments are received.

 5                SENATOR DeFRANCISCO:   I'd now like 

 6   to call up Senator Ranzenhofer's bill, Print 

 7   Number 3879A, recalled from the Assembly, which 

 8   is now at the desk.

 9                ACTING PRESIDENT GRIFFO:   The 

10   Secretary will read.

11                THE SECRETARY:   Calendar Number 

12   1177, by Senator Ranzenhofer, Senate Print 3879A, 

13   an act to amend the Executive Law.

14                SENATOR DeFRANCISCO:   I now move to 

15   reconsider the vote by which the bill was passed.

16                ACTING PRESIDENT GRIFFO:   Call the 

17   roll on reconsideration.

18                (The Secretary called the roll.)

19                THE SECRETARY:   Ayes, 56.

20                SENATOR DeFRANCISCO:   I now offer 

21   the following amendments.

22                ACTING PRESIDENT GRIFFO:   The 

23   amendments are received.

24                SENATOR DeFRANCISCO:   Next, please 

25   call up Senate Print 6973, by Senator Flanagan, 


                                                               3034

 1   recalled from the Assembly, which is now at the 

 2   desk.

 3                ACTING PRESIDENT GRIFFO:   The 

 4   Secretary will read.

 5                THE SECRETARY:   Calendar Number 

 6   283, by Senator Flanagan, Senate Print 6973, an 

 7   act in relation to.

 8                SENATOR DeFRANCISCO:   I now move to 

 9   reconsider the vote by which the bill was passed.

10                ACTING PRESIDENT GRIFFO:   Call the 

11   roll on reconsideration.

12                (The Secretary called the roll.)

13                THE SECRETARY:   Ayes, 56.

14                SENATOR DeFRANCISCO:   I now offer 

15   the following amendments.

16                ACTING PRESIDENT GRIFFO:   The 

17   amendments are received.   

18                SENATOR DeFRANCISCO:   On page 49, I 

19   offer the following amendments to Calendar 799, 

20   Senate Print 7174, by Senator Serino, and ask 

21   that said bill retain its place on the Third 

22   Reading Calendar.

23                ACTING PRESIDENT GRIFFO:   The 

24   amendments are received, and the bill will retain 

25   its place on third reading.


                                                               3035

 1                SENATOR DeFRANCISCO:   I now offer 

 2   amendments to the following Third Reading 

 3   Calendar bills:  

 4                By Senator Hannon, page 18, Calendar 

 5   Number 199, Senate Print 5622; 

 6                By Senator Marcellino, page 47, 

 7   Calendar Number 785, Senate Print 2587C; 

 8                By Senator Funke, page 55, Calendar 

 9   Number 909, Senate Print 7910; 

10                By Senator Young, page 73, Calendar 

11   Number 1165, Senate Print 7771; 

12                By Senator DeFrancisco, page 75, 

13   Calendar 1200, Senate Print 8249; 

14                By Senator Murphy, page 79, Calendar 

15   1238, Senate Print 7604; 

16                By Senator Ritchie, page 82, 

17   Calendar 1265, Senate Print 6709.  

18                And I now move that these bills 

19   retain their place on the order of third reading.

20                ACTING PRESIDENT GRIFFO:   All the 

21   amendments, as read and presented, are accepted, 

22   and the bills shall retain their place on third 

23   reading.

24                SENATOR DeFRANCISCO:   Please 

25   recognize Senator Klein.


                                                               3036

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Klein.

 3                SENATOR KLEIN:   Thank you, 

 4   Mr. President.

 5                On behalf of Senator Stavisky, I 

 6   move to recommit Senate Print Number 5217, 

 7   Calendar Number 576 on the order of third 

 8   reading, to the Committee on Education, with 

 9   instructions to said committee to strike out the 

10   enacting clause.

11                ACTING PRESIDENT GRIFFO:   It is so 

12   ordered.

13                SENATOR KLEIN:   On behalf of 

14   Senator Savino, on page 37 I offer the following 

15   amendments to Calendar Number 602, Senate Bill 

16   7690, and ask that said bill retain its place on 

17   the Third Reading Calendar.

18                ACTING PRESIDENT GRIFFO:   The 

19   amendments are received, and the bill shall 

20   retain its place on third reading.

21                SENATOR KLEIN:   And finally, on 

22   behalf of Senator Krueger, I move that the 

23   following bill be discharged from its respective 

24   committee and be recommitted with instructions to 

25   strike the enacting clause:  Senate Number 3397.


                                                               3037

 1                ACTING PRESIDENT GRIFFO:   It is so 

 2   ordered.

 3                Senator DeFrancisco.

 4                SENATOR DeFRANCISCO:   Yes, one 

 5   moment.

 6                We have the active calendar list.  

 7   I'd like to just call up two of those bills.  The 

 8   first one is Calendar 403, by Senator Serino, and 

 9   the second --

10                ACTING PRESIDENT GRIFFO:   The 

11   Secretary -- go ahead.

12                THE SECRETARY:   Calendar Number 

13   403, substituted earlier by Member of the 

14   Assembly Gunther, Assembly Print 9019A, an act to 

15   amend the Public Health Law.

16                ACTING PRESIDENT GRIFFO:   Read the 

17   last section.

18                SENATOR DeFRANCISCO:   Excuse me.  

19   Before you do that, would you lay the entire 

20   calendar aside for the day.

21                ACTING PRESIDENT GRIFFO:   The bill 

22   is withdrawn, and the calendar will be laid 

23   aside, the active list will be laid aside at this 

24   point.

25                SENATOR DeFRANCISCO:   All right.  


                                                               3038

 1   Then can we please take up a resolution, and that 

 2   would be previously adopted Resolution 4166, by 

 3   Senator Kennedy, read the title only, and then 

 4   call on Senator Kennedy to speak.

 5                ACTING PRESIDENT GRIFFO:   We'll 

 6   return to motions and resolutions.

 7                The Secretary will read.

 8                THE SECRETARY:   Legislative 

 9   Resolution Number 4166, by Senator Kennedy, 

10   honoring Chief Thomas J. Moran posthumously upon 

11   the occasion of his designation as recipient of a 

12   Liberty Medal, the highest honor bestowed upon an 

13   individual by the New York State Senate.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Kennedy.

16                SENATOR KENNEDY:   Thank you, 

17   Mr. President.

18                Today I rise to honor the life of a 

19   great man, an extraordinary friend and a hero to 

20   so many in our community, Chief Thomas J. Moran, 

21   who passed away March 1st of this year.

22                I'd like to welcome Tom's wife Kelly 

23   and their daughters, Ava and Lila, and Tom's 

24   brother Terry, sister-in-law Kathy, and his 

25   sister-in-law Diane with us as well.


                                                               3039

 1                We also have a dear friend of Chief 

 2   Moran's, Lieutenant Brian Britzzalaro, from the 

 3   Buffalo Police Department, who's joined us.  And 

 4   many of our men and women in blue are with us 

 5   today watching from back home in Buffalo.  We 

 6   thank you for your service and are very grateful 

 7   for everything that you do on our behalf.  

 8                Chief Moran wasn't just one of the 

 9   best, he was the best.  He was somebody that 

10   always was looking out for the people who he 

11   served -- a true public servant who wore that 

12   badge with great pride and dignity and respect, 

13   that same respect he demonstrated on the beat, 

14   from an up-and-coming officer to the highest 

15   levels of the brass.  

16                And because of that great service to 

17   the people of Buffalo and Western New York and 

18   the great State of New York, we will present to 

19   Tom's family today the New York State Liberty 

20   Medal.

21                Tom was a lifelong South 

22   Buffalonian, the youngest of the late James and 

23   Helen's six children.  He attended St. Ambrose 

24   Elementary School -- with Kelly -- and went on to 

25   graduate from Bishop Timon High School in 1986, 


                                                               3040

 1   Bishop Timon itself a staple in the South Buffalo 

 2   and Western New York community.

 3                He earned a bachelor's degree from 

 4   SUNY Brockport, majoring in business and writing, 

 5   and worked as a counselor at Father Baker Homes 

 6   for several years.  

 7                Now, the Homes of Father Baker take 

 8   care of some of the most vulnerable individuals 

 9   in our community.  Tommy wore his heart on his 

10   sleeve, and at a young age, working at Father 

11   Baker Homes, showed individuals with disabilities 

12   the greatest dignity and respect that he then 

13   showed the people of Buffalo on the streets when 

14   he wore the badge.

15                Tom was a member of the Buffalo 

16   Police Department for nearly 25 years.  He joined 

17   the police department in 1994 as a patrol  

18   officer and spent most of his early career at 

19   precincts on the city's East Side.  

20                In 2006, as an officer in what was 

21   then the Ferry-Fillmore District, he and another 

22   officer, Ronald Clark, received the Edward H.  

23   Butler Award for Heroism for stopping an armed 

24   robbery in a store and arresting the holdup man.

25                Tom was also a member of the 


                                                               3041

 1   Underwater Recovery Team from 2004 until he was 

 2   promoted to lieutenant and named to the head of 

 3   District A shortly thereafter.  District A 

 4   encompasses not only the South District, but the 

 5   neighborhood in which Tom grew up and lived and 

 6   was raising his own family.  

 7                He was a committed neighbor.  He was 

 8   a committed police officer.  He was a committed 

 9   leader.  But the most important thing in Tom's 

10   life was his beautiful family, who have joined us 

11   here today.

12                As a member of the Knights of 

13   Columbus and the Ancient Order of Hibernians, he 

14   often marched with those organizations in the 

15   St. Patrick's Day parade.  

16                This year -- as a matter of fact, 

17   this upcoming weekend -- Ava and Lila are going 

18   to serve as the co-grand marshals of the South 

19   Buffalo Parade of Circles on behalf of their 

20   father, Chief Tommy Moran, in his passing.  It is 

21   an amazing, an amazing demonstration of the love 

22   that our community has for Chief Moran.

23                And I will tell you a beautiful part 

24   about the parade as well is it's going to go 

25   right by their home.  And we know there's going 


                                                               3042

 1   to be a great crowd there celebrating and 

 2   honoring Chief Moran and his memory and his love 

 3   for our community.

 4                He was loved by all that knew him.  

 5   There was never a soul who would speak ill of 

 6   him, because of how he treated others.  And every 

 7   single time you'd see Chief Moran, before he'd 

 8   open his mouth, you knew what he was thinking.  

 9   You know why?  Because he had a smile on his 

10   face, because he was happy to see you.  Because 

11   he loved people.  He loved people.  That's what 

12   he was all about, helping other people.

13                It's my honor today to present 

14   Chief Thomas Moran's family with the New York 

15   State Liberty Medal.  The New York State Liberty 

16   Medal is the highest honor that can be bestowed 

17   upon a resident of New York State from this great 

18   and auspicious chamber, an honor awarded to 

19   individuals who have merited special commendation 

20   for exceptional, heroic, and humanitarian acts on 

21   behalf of their fellow New Yorkers.  

22                And I would submit to you that every 

23   single day of Tommy Moran's life was done that 

24   way -- was treated with great heroism, was 

25   treated with great humanitarianism, and was 


                                                               3043

 1   treated in an exceptional way.  I can think of no 

 2   one more deserving than Chief Tom Moran, for his 

 3   years of service and commitment to protecting and 

 4   improving the streets of Buffalo, Western 

 5   New York, and the State of New York.  

 6                To the men and women in blue, once 

 7   again we thank you for your service and your 

 8   commitment, for your sacrifice, for your family's 

 9   sacrifice.  

10                To Chief Moran's family, once again 

11   we thank you for your sacrifice for giving us 

12   Tommy, for sharing him with all of us, not just 

13   as our friend but as our leader.  And not just in 

14   South Buffalo and Buffalo, but all across the 

15   great State of New York.  It was truly an honor 

16   and a privilege just to know him.  We will all 

17   miss him.  We all love him.  He was one of us.

18                I extend my sincerest condolences to 

19   Tom's family, including his four brothers:  James 

20   and his wife Darlene; Kevin; Brian and his wife 

21   Julie; and Terrance.  His mother-in-law, Joanne 

22   Buczkowski; brother-in-law, Mike; sister-in-law, 

23   Kathy; as well as many nieces, nephews, cousins 

24   and countless, countless friends.

25                My heart is with you, Kelly, Ava and 


                                                               3044

 1   Lila.  We appreciate you, we are with you, and we 

 2   will be with you into the future, at your side.  

 3   Your loss is our loss as well.  We feel for you.  

 4   We miss Tom with you.  Please know that he will 

 5   always be remembered by the people of Buffalo and 

 6   the great State of New York.  

 7                Thank you.  May Chief Tom Moran -- 

 8   the best -- rest in peace.

 9                Thank you, Mr. President.

10                ACTING PRESIDENT GRIFFO:   Senator 

11   Gallivan.

12                SENATOR GALLIVAN:   Thank you, 

13   Mr. President.  

14                I rise to thank Senator Kennedy for 

15   bringing this resolution forward and for giving 

16   such an apt and well-rounded description of 

17   Tom Moran.  

18                And I also rise to welcome you, 

19   Kelly and Ava and Lila, and your family and 

20   Lieutenant Britzzalaro here to the Senate 

21   chamber.

22                Senator Kennedy did a wonderful job 

23   of describing Tom -- truly a great guy, a good 

24   guy, as he so often called everybody else, the 

25   first to stand up and help anybody.  Which is 


                                                               3045

 1   something, given my background in law 

 2   enforcement, my family's background in 

 3   law enforcement, we'd expect out of any police 

 4   officer.  But beyond that, he did it as a person, 

 5   as a human being.  

 6                And without repeating all the things 

 7   that Senator Kennedy said, I'm thrilled that 

 8   you're here so that we can recognize you and the 

 9   type of individual that Tom was.  

10                And I'd like to go back to the news 

11   accounts, for the sake of everybody else, and 

12   just mention a couple of things that were in the 

13   news accounts that I think are so incredibly 

14   important.  Of course today we are recognizing 

15   Tom for his exemplary contributions and service 

16   on behalf of others, but all-around good guy, 

17   first person to help, a hero, a loving husband 

18   and the best daddy.  Somebody we should all 

19   aspire to be.

20                Thank you, Mr. President.

21                ACTING PRESIDENT GRIFFO:   Thank 

22   you, Senator Gallivan.

23                The resolution has been previously 

24   adopted.  It is open for cosponsorship.  Should 

25   you choose to be a cosponsor, please notify the 


                                                               3046

 1   desk.

 2                At this time we would like to 

 3   express our gratitude for the lifetime of service 

 4   by Chief Tom Moran and for his family sharing him 

 5   with all of the Greater Buffalo community.  And 

 6   for all those in New York State, particularly in 

 7   this house, in the Senate, we express our sincere 

 8   sympathy and condolences on your loss.  

 9                God bless you all, and let's 

10   acknowledge the Moran family.

11                (Standing ovation.)

12                ACTING PRESIDENT GRIFFO:   Senator 

13   DeFrancisco.

14                SENATOR DeFRANCISCO:   Yes, can we 

15   now take up previously adopted Resolution 4860, 

16   by Senator Serino, title only, and call on 

17   Senator Serino to speak, please.

18                ACTING PRESIDENT GRIFFO:   The 

19   Secretary will read.

20                THE SECRETARY:   Legislative 

21   Resolution Number 4860, by Senator Serino, 

22   commending Brian Geary upon the occasion of his 

23   designation as recipient of a Liberty Medal, the 

24   highest honor bestowed upon an individual by the 

25   New York State Senate.


                                                               3047

 1                ACTING PRESIDENT GRIFFO:   Senator 

 2   Serino.

 3                SENATOR SERINO:   Thank you, 

 4   Mr. President.

 5                Today we're joined in the chamber 

 6   with Brian Geary, his parents, Sue and Phil, and 

 7   his brother and sister and his girlfriend.  

 8                The New York State Liberty Medal is 

 9   our state's highest honor.  Since taking office, 

10   I have only given out a select few.  But when I 

11   first heard Brian Geary's story, I thought to 

12   myself:  Now, that's a hero.  

13                We've all heard of the bystander 

14   effect, where something terrible is happening and 

15   people freeze, bystanders freeze.  Maybe they go 

16   so far as to call 911, but most often that's 

17   where the action ends.  In the early morning 

18   hours of a weekday morning back in April, 

19   Brian Geary of East Fishkill was on his way to 

20   work -- and actually, it was a different time, 

21   one night that he actually was at -- I think it 

22   was a four-hour difference.  He was on his way to 

23   a work training program when he saw an overturned 

24   vehicle in flames already.  

25                Instead of carrying on, he turned 


                                                               3048

 1   right around and made it to the vehicle just 

 2   before it was fully engulfed.  Noticing that a 

 3   woman was lodged within the vehicle, instead of 

 4   focusing on the clear risks and dangers, Brian 

 5   ran to his vehicle, got his baseball bat, and 

 6   bashed in the window to get her out.  

 7                He pulled off at the scene and was 

 8   able to pull the woman out just in time before 

 9   the entire vehicle became engulfed in flames.  He 

10   waited with her until the ambulance arrived to 

11   bring her to Westchester Medical, where she 

12   ultimately made a full recovery.  

13                Not only have I been struck by 

14   Brian's actions, but by his humility in the 

15   aftermath.  While he might not consider himself a 

16   hero, his display of the decisive action and 

17   courage tells us otherwise.  

18                Brian, you truly are a hero, and it 

19   is my distinct honor to have the opportunity to 

20   join with Senator Murphy in presenting you with 

21   our state's highest honor, the Liberty Medal.  

22                On behalf of our community, I thank 

23   you.  We are fortunate to count you as a 

24   neighbor, and we hope that your story can inspire 

25   and motivate us all to make a difference in our 


                                                               3049

 1   community.

 2                Thank you.  Please rise -- oh, I'm 

 3   sorry.  Please call on Senator Murphy.

 4                ACTING PRESIDENT GRIFFO:   Senator 

 5   Murphy.

 6                SENATOR MURPHY:   Thank you, 

 7   Mr. President.

 8                It's not too often that we get one 

 9   of these Liberty Medal recipients here in the 

10   Senate chamber, and today we actually have two.  

11   How great is that?  

12                But we have a gentleman here, 

13   Brian Geary, who's accompanied by his mother Sue 

14   and father Phil, and his brother and sister.  

15                And how the good Lord intervenes.  

16   Brian was off to work four hours earlier than 

17   usual when he passed by a car crash that was a 

18   car engulfed in flames.  

19                He had turned around, went back up 

20   the ramp and circled back around, jumped on top 

21   of the car, looked to see if anybody was in 

22   there, saw a lady who was leaning against the 

23   passenger side, ran back to his car, got his 

24   baseball bat and smashed the window to take out 

25   the unconscious lady -- who I happen to know, 


                                                               3050

 1   who's a lovely lady who does so much work for our 

 2   community and volunteering.  

 3                Brian's heroic actions deserve the 

 4   Liberty Medal.  We usually talk about these from 

 5   our first responders, not by bystanders.  Well, 

 6   Brian was no bystander that day, and we 

 7   congratulate him today and his wonderful parents.  

 8                Thank you for being here, and 

 9   congratulations.

10                ACTING PRESIDENT GRIFFO:   As noted, 

11   the resolution has been previously adopted.  

12                The resolution is open for 

13   cosponsorship.  Should you choose to be a 

14   cosponsor, please notify the desk.

15                At this time we'd like to thank 

16   Brian Geary for his unselfish heroism and want to 

17   welcome Brian and his family to the Senate 

18   chamber.  

19                God bless you.  Please rise and be 

20   recognized.

21                (Standing ovation.)

22                ACTING PRESIDENT GRIFFO:   Senator 

23   DeFrancisco.

24                SENATOR DeFRANCISCO:   Can we now 

25   take up a privileged resolution by Senator 


                                                               3051

 1   Flanagan, Senator Stewart-Cousins and others, 

 2   read it in its entirety, and call on Senators 

 3   Flanagan, Stewart-Cousins and those who want to 

 4   speak by a hand raised for us after the 

 5   resolution is read.

 6                Thank you.

 7                ACTING PRESIDENT GRIFFO:   The 

 8   Secretary will read.

 9                THE SECRETARY:   Legislative 

10   resolution by Senators Flanagan, Stewart-Cousins, 

11   Benjamin and Alcantara, celebrating the life and 

12   distinguished career of former Assemblyman Herman 

13   D. Farrell, Jr., a well-respected public servant 

14   and a credit to the institution of government.  

15                "WHEREAS, It is the sense of this 

16   Legislative Body to recognize and commend those 

17   individuals of distinguished purpose whose lives 

18   have been committed to public service in the 

19   pursuit of excellence in the conduct of the 

20   legislative process in this great Empire State; 

21   and 

22                "WHEREAS, Herman D. Farrell, Jr., of 

23   Manhattan, New York, a 22-term New York State 

24   Assemblyman, died on Saturday, May 26, 2018, at 

25   the age of 86; and 


                                                               3052

 1                "WHEREAS, Herman D. Farrell, Jr., 

 2   known by all as Denny, was born in Manhattan on 

 3   February 4, 1932, to Herman Farrell, Sr. and 

 4   Amy Gladys Paterson; the couple owned Farel 

 5   Frocks, a manufacturer where the father and son 

 6   duo designed cocktail dresses; and 

 7                "WHEREAS, After graduating from 

 8   George Washington High School in upper  

 9   Manhattan, Herman D. Farrell, Jr., went on to 

10   take classes at New York University; and 

11                "WHEREAS, Prior to holding elected 

12   office, Herman D. Farrell, Jr., worked in the 

13   Washington Heights office of Mayor John V. 

14   Lindsay before serving as the confidential aide 

15   to a State Supreme Court justice; and 

16                "WHEREAS, Herman D. Farrell, Jr., 

17   won his first election in 1970, becoming a 

18   Democratic State Committeeman for two years; 

19   three years later, he was elected as a Democratic 

20   District Leader; and 

21                "WHEREAS, Herman D. Farrell, Jr. was 

22   first elected to the New York State Assembly in 

23   1974, to represent the 71st Assembly District, 

24   which encompassed West Harlem, Washington Heights 

25   and Inwood; in 1979, he became the chair of the 


                                                               3053

 1   Assembly Banks Committee; and 

 2                "WHEREAS, Herman D. Farrell, Jr., 

 3   championed many critical and landmark pieces of 

 4   legislation during his time in the Assembly, with 

 5   one of his first victories being the passage of 

 6   the Neighborhood Preservation Companies Act, 

 7   which allowed the state to fund community groups 

 8   dedicated to fighting housing abandonment and 

 9   providing tenant advocacy; and 

10                "WHEREAS, Herman D. Farrell, Jr., 

11   also proudly sponsored the Omnibus Consumer 

12   Protection and Banking Legislation Act, which 

13   included landmark protections for consumers in 

14   the auto leasing industry, established a 

15   toll-free line to the New York Banking Department 

16   that provided consumers with free information on 

17   credit card interest rates, fees, and grace 

18   periods, and required banks to provide low-cost 

19   lifeline checking accounts while barring 

20   discrimination based on residency when opening a 

21   bank account; and 

22                "WHEREAS, Herman D. Farrell, Jr., 

23   sponsored legislation that effectuated changes to 

24   state banking laws that would become models for 

25   federal legislation, including check-clearing 


                                                               3054

 1   legislation which requires banks to clear checks 

 2   in a shorter time frame and notify depositors on 

 3   how long it takes to cash checks, and legislation 

 4   to require banks to disclose interest rates and 

 5   other important information in clear, 

 6   easy-to-read, concise chart form in all mail 

 7   solicitations; and 

 8                "WHEREAS, Herman D. Farrell, Jr., 

 9   was also responsible for laws combating redlining 

10   by requiring stricter enforcement provisions of  

11   the Community Reinvestment Act and legislation 

12   that monitored bank branch closings; and 

13                "WHEREAS, In 1994, Herman D. 

14   Farrell, Jr., was named the chair of the Ways  

15   and Means Committee, a position he would hold 

16   until his retirement in 2017; he also held a 

17   number of other positions in the Assembly, 

18   including member of the Black and Puerto Rican 

19   Legislative Caucus, the New York State Assembly 

20   Puerto Rican/Hispanic Task Force, and the 

21   American Irish Legislators Society of New York; 

22   and 

23                "WHEREAS, Herman D. Farrell, Jr., 

24   also held numerous positions in the Democratic 

25   Party in New York and nationally; in 1981, he was 


                                                               3055

 1   elected the county leader of the New York County 

 2   Democratic Committee, a post he held until 2009;  

 3   in 1983, he was elected as the vice chair of the 

 4   New York State Democratic Party, a position he 

 5   held until 2002, when he was made the chair of 

 6   the State Democratic Party, a position he held 

 7   until 2006; and in 1988, he was elected to the 

 8   Democratic National Committee and was a member of 

 9   the Electoral College multiple times; and 

10                "WHEREAS, During his long and 

11   distinguished career with the New York State 

12   Assembly and the Democratic Party, Herman D. 

13   Farrell, Jr., advocated for many important causes 

14   and the adequate funding of important social 

15   programs; and 

16                "WHEREAS, Upon the occasion of his 

17   retirement in 2017, the New York State 

18   Legislature saw fit to honor Herman D. Farrell, 

19   Jr. by renaming Riverbank State Park along the 

20   west side of Manhattan as the Denny Farrell 

21   Riverbank State Park, for his vital work in 

22   securing funding for the construction of the 

23   park; and 

24                "WHEREAS, Herman D. Farrell, Jr., is 

25   survived by his partner, Barbara Klar, and three 


                                                               3056

 1   children, Herman III, Monique Farrell-Guidry, and 

 2   Sophia Ilene Farrell, as well as two 

 3   grandchildren, Simone Adele Guidry and Madeleine 

 4   Jones-Farrell; and 

 5                "WHEREAS, Every citizen in New York 

 6   State has most certainly benefited, in one way or 

 7   another, from the deep dedication, intelligence 

 8   and commitment that Assemblyman Herman D. 

 9   Farrell, Jr., brought to his work as a 

10   legislator, loyal friend, and trusted advisor; he 

11   will be deeply missed and truly merits the 

12   grateful tribute of this Legislative Body; now, 

13   therefore, be it 

14                "RESOLVED, That this Legislative 

15   Body pause in its deliberations to celebrate the 

16   life and distinguished career of former 

17   Assemblyman Herman D. Farrell, Jr., and to offer 

18   its sincere condolences to his family; and be it 

19   further 

20                "RESOLVED, That a copy of this 

21   resolution, suitably engrossed, be transmitted to 

22   the family of Herman D. Farrell, Jr."

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Flanagan.

25                SENATOR FLANAGAN:   Thank you, 


                                                               3057

 1   Mr. President.

 2                You know, as I listened to the 

 3   reading and the description of the resolution of 

 4   Assemblyman Farrell, it's great.  It's great, 

 5   it's got significant detail, but frankly it just 

 6   doesn't do justice to the person that I knew for 

 7   a very long period of time.  

 8                And we can talk about his 

 9   legislative accomplishments, amongs t other 

10   things, but I think back -- when I first got 

11   elected, Assemblyman Farrell had served with my 

12   father in the State Assembly, and even as a young 

13   man, he was very gracious to me.  

14                And I know I had a leg up because I 

15   had succeeded my father, but Denny was cut from a 

16   different cloth -- pun intended, because he was 

17   very natty, always perfectly dressed.  Being long 

18   and lean, you know, he was one of the guys who 

19   could always button his jacket, which a lot of 

20   people can't always do.

21                But I remember certain things about 

22   him -- Senator LaValle and I were just kibitzing 

23   a little bit -- the convertible.  How many times 

24   did everybody see that convertible in the parking 

25   lot?  All right, Denny's here.  Right?  


                                                               3058

 1                He just was a gentleman of the 

 2   highest order.  My mother loved him, loved him.  

 3   She always would ask me "How is Assemblyman 

 4   Farrell?"  

 5                He was timeless, he was ageless.  

 6   Right?  I mean, he was 86 when he passed away, 

 7   but for many, many, many years the only 

 8   difference between the old pictures and the new 

 9   pictures was the ponytail.  

10                (Laughter.)

11                SENATOR FLANAGAN:   Right?  I 

12   remember looking at those pictures and thinking, 

13   Oh, my gosh, could you imagine what he must have 

14   been like in his twenties, in his thirties, even 

15   in his forties, fifties and sixties?  

16                I remember all his trips to Jamaica, 

17   how he comported himself.  

18                And the last four years that I 

19   served in the Assembly, I was the ranking 

20   Republican on the Ways and Means Committee and 

21   sat through many, many hearings with Chairman 

22   Farrell.  I also had many, many debates with 

23   Assemblyman Farrell, and had many committee 

24   meetings as well.  

25                Always professional, always 


                                                               3059

 1   courteous.  And I felt special as a colleague and 

 2   as -- I was his friend.  And I consider myself 

 3   very lucky to be able to say that even now.

 4                Now, Assemblyman Farrell was smooth 

 5   as silk, he really was.  And he always remembered 

 6   one thing over everything else.  He would say to 

 7   me:  "Just remember, no matter how well you 

 8   speak, no matter how hard you argue, no matter 

 9   how good you may think you are, I have the 

10   votes."  

11                (Laughter.)

12                SENATOR FLANAGAN:   He also told me 

13   one other very important thing, which will be 

14   real to a lot of people in this room.  I remember 

15   debating him on what was then the Assembly's 

16   one-house budget resolution, and he openly said 

17   on the floor in the Assembly, "Just remember, 

18   this is Albany.  Two and two does not have to 

19   equal four."  

20                So I remember those kinds of things.  

21   But, you know, at the hearings -- Senator Young, 

22   Senator Krueger, Senator DeFrancisco could attest 

23   to this -- it could get a little tedious.  Right?  

24   So he would make his little phone calls, he would 

25   have his lunch.  But one of the things I remember 


                                                               3060

 1   was he must have, during these fiscal hearings, 

 2   eaten about 75,000 Tic-Tacs.  That was one of the 

 3   ways that he kept himself vibrant throughout that 

 4   process.  

 5                But, you know, we've lost a really 

 6   stellar leader here in the State of New York.  

 7   And when the Governor had called me about the 

 8   legislation that involved renaming Riverbank 

 9   State Park after Assemblyman Farrell, it was like 

10   a no-brainer, so easy.  Just show me the buck 

11   slip.  Let me sponsor, let me be part of that 

12   legislation.  

13                So for anyone who may be listening, 

14   including our guests in the gallery, you can hear 

15   all about things in a resolution.  Denny Farrell 

16   was a good human being.  He was a 

17   died-in-the-wool Democrat, I don't want to ever 

18   overlook that, and he was very political when he 

19   needed to be.  But he knew how to treat people 

20   correctly, with fairness and dignity and respect, 

21   and for that he will always have my admiration 

22   even in his passing.  

23                Mr. President, thank you.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Stewart-Cousins.


                                                               3061

 1                SENATOR STEWART-COUSINS:   Thank 

 2   you, Mr. President.

 3                And I just want to join Senator 

 4   Flanagan and all my colleagues in really honoring 

 5   the memory of Herman "Denny" Farrell.  

 6                I am happy that we collectively as a 

 7   Legislature gave him his flowers -- as they would 

 8   say, his props -- while he was still able to 

 9   enjoy having a park named for him.  Most of us 

10   don't expect it, I'm sure Denny would not have 

11   expected it or even wanted it.  

12                But the reality was and is that he 

13   was always a class act.  He was always that 

14   person that no matter how long, how tedious, how 

15   heated, he would always remain cool, calm and 

16   collected.

17                He was natty, as Senator Flanagan 

18   said.  And I remember talking to him about that, 

19   and he told me that his father was a tailor.  And 

20   he learned how to sew from his dad, something 

21   that he continued on into the majority of his 

22   life.  He would change his collars, he would 

23   change his cuffs, because that's just how he 

24   rolled.  He had the monograms.  

25                He was always a person who had a 


                                                               3062

 1   vision of pride for himself, for the beloved 

 2   community that he represented, and for the 

 3   opportunity that he's had or he had for almost 

 4   50 years to be a voice, a compass, and someone 

 5   who paid the utmost attention to everything and 

 6   everyone.

 7                So I, like so many, will miss Denny 

 8   Farrell.  I'm so proud of what he did not only 

 9   for the community but for our party, but 

10   certainly for the legacy that he left for all of 

11   us to follow.  

12                So again, my condolences to the 

13   family.  And may he rest in peace.

14                ACTING PRESIDENT GRIFFO:   Senator 

15   Young.

16                SENATOR YOUNG:   Thank you, 

17   Mr. President.

18                It is my honor to rise and remember 

19   our colleague, Assemblyman Denny Farrell.  

20                And I first got to know Assemblyman 

21   Farrell back in the Assembly days when he was 

22   chair of the Banks Committee.  And when he became 

23   chair of the Ways and Means Committee, we 

24   actually interfaced even more.  And I feel very 

25   fortunate to have chaired the Finance Committee 


                                                               3063

 1   and to have spent many, many hours next to 

 2   Assemblyman Farrell as we conducted the budget 

 3   hearings.  

 4                And you really get to know someone 

 5   when you spend that much time together.  And what 

 6   really stands out are a couple of things.  First 

 7   of all, just his service to the people of 

 8   New York -- his tenacity, his dedication.  Being 

 9   in any hearing for a long period of time can be 

10   very difficult.  And when you think about those 

11   budget hearings, sometimes they go on for 12, 14, 

12   15, even 16 hours.  Assemblyman Farrell was there 

13   during all that time, spending time listening 

14   very carefully to the speakers.  

15                And what I really became aware of 

16   and what I truly appreciate about Denny is the 

17   fact that he was so focused on not only doing the 

18   people's business, but also on his family life.  

19   And he would often say to me, in very glowing 

20   terms, you know, My daughter Sophia has been up 

21   to this or that.  He would share those stories 

22   with me.  

23                And oftentimes when he wanted to 

24   leave, he would say, I've got to get home to my 

25   family, I've got to get home to my daughter.  And 


                                                               3064

 1   I think that really is something that makes 

 2   Assemblyman Farrell very, very special, because 

 3   he balanced both his work life and his family 

 4   life.  And oftentimes when he did take a call 

 5   during a budget hearing, it was so he could talk 

 6   to his daughter.  

 7                So I feel very fortunate to have 

 8   been able to spend so much time with him, to 

 9   learn to get to know him even better.  Even 

10   though I've known him for 20 years, I think that 

11   getting to know him through the budget hearings 

12   was something that was enriching to me.  

13                We are very fortunate to have such 

14   devoted public servants such as Assemblyman 

15   Farrell, somebody who has devoted so much of his 

16   life to serve the people of New York.  And 

17   whether we agreed on everything or not -- and we 

18   certainly didn't agree on everything -- I 

19   certainly respect his service, I am grateful for 

20   his service, and I think that we all should take 

21   a moment and really think about what he was able 

22   to accomplish on behalf of the people of 

23   New York.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Benjamin.


                                                               3065

 1                SENATOR BENJAMIN:   Thank you.

 2                It's odd to me, because I cannot 

 3   believe Senator Flanagan stole my speech.  

 4                (Laughter.)

 5                SENATOR BENJAMIN:   I mean, it's a 

 6   real testament to who Denny Farrell was that no 

 7   matter where you sit across the aisle, you have 

 8   the same opinions of him. 

 9                He was a man who was impeccably 

10   dressed.  He was a family man.  He was a really 

11   good man.  And he also was an honest man.  Denny 

12   Farrell, when he told you he was going to do 

13   something, he most definitely did it.  Without 

14   question.  He was someone who would sit down and 

15   say, on Monday, "I'm going to support you."  And 

16   a couple of weeks later it might not be so 

17   advantageous at that point, but if he said it on 

18   Monday, you can take it to the bank.

19                Just someone who was honest and has 

20   integrity and was someone who I got to meet later 

21   in his life.  Because when I became chair of our 

22   community board, he started to meet with me and 

23   encouraged me to get involved politically and run 

24   for office one day.  

25                And he said:  Whatever you do, make 


                                                               3066

 1   sure that you present yourself well, you dress 

 2   well, you understand that you are representing 

 3   more than yourself; you are representing people 

 4   who have elected you to serve on their behalf.

 5                And when I hear Senator Flanagan and 

 6   I heard Senator Young and I hear Senator 

 7   Stewart-Cousins all saying the same things about 

 8   this great man, it gives me pride.  It gives me 

 9   hope in our government.  It gives me hope in our 

10   politics that even if I'm a Democrat or you're a 

11   a Republican or you're an independent or whatever 

12   you are, if you're a good person, if you're an 

13   honest person, you're a decent person, everyone 

14   will recognize that.  And when you're not here, 

15   they will all speak about that.

16                And so I'm honored to be a part of 

17   this body and I'm honored to have known 

18   Assemblyman Denny Farrell, who was a good man.

19                Thank you.

20                ACTING PRESIDENT GRIFFO:   Senator 

21   Alcantara.

22                SENATOR ALCANTARA:   Thank you, 

23   Mr. President.

24                I rise to honor the life of 

25   Assemblyman Denny Farrell.  


                                                               3067

 1                Denny Farrell lived in my district 

 2   for over 40 years -- I think all of his adult 

 3   life lived in the same building on Riverside 

 4   Drive and 158th Street.  

 5                I remember seeing him at the 

 6   Community Board 9 and 12 with his young daughter, 

 7   Sophia.  And I remember, like everyone said, that 

 8   he was always elegantly dressed and very 

 9   pleasant.  

10                For over 40 years, Denny Farrell 

11   worked on behalf of the people of the State of 

12   New York, and he did that with a lot of dignity.  

13   Like my colleague Senator Brian Benjamin said, 

14   they don't make them like him anymore.  He was a 

15   man of his word.  

16                And I am glad that we are sitting 

17   here with people on both sides of the aisle 

18   talking about the accomplishments and 

19   contributions that he made.  I want to wish my 

20   condolences to the people of the 74th Assembly 

21   District and to his family and the residents of 

22   Harlem.  

23                And thank you, Leader Flanagan and 

24   our leader, Andrea Stewart-Cousins, for bringing 

25   this resolution today.  


                                                               3068

 1                Thank you.

 2                ACTING PRESIDENT GRIFFO:   Senator 

 3   Krueger.

 4                SENATOR KRUEGER:   Thank you, 

 5   Mr. President.  

 6                I do feel it is appropriate that we 

 7   all take some time out to remember Denny Farrell, 

 8   what he did for the state and who he was as a 

 9   man.  

10                And many stories have now been told 

11   already.  I'd like to tell my story, when I first 

12   won election in Manhattan to join the New York 

13   State Senate, and I went to have a meeting with 

14   Denny Farrell in his hat as the Manhattan County 

15   chair for the Democratic Party.  

16                And he said:  "I just have three 

17   things I tell people when they get into politics 

18   from Manhattan.  One, we don't get in trouble in 

19   Manhattan.  But I've already checked into you, 

20   and that won't be a problem.

21                "Two, politics in New York State is 

22   playing a sport on a hard wood floor with no 

23   padding.  So you've learned some of that, but 

24   you'll learn more of that."  Boy, was he right 

25   about that.  


                                                               3069

 1                And three, he said, "And I'm not the 

 2   kind of boss that gives orders, because you're 

 3   all goddamn independents here in Manhattan and no 

 4   one would take an order anyway, so I think we're 

 5   going to get along just fine."  

 6                And in fact that was the beginning 

 7   of a relationship where we did get along just 

 8   fine.  

 9                And I proudly sat through endless 

10   budget hearings, year in, year out, learning from 

11   Denny Farrell, listening to how he approached 

12   people and issues.  We worked together on housing 

13   issues at home and endless issues up here.  

14                Yes, he was obsessed with his car, 

15   and -- or his cars.  And one day I had a loaner 

16   car that I drove up to Albany with, which was a 

17   convertible.  I wouldn't have even known how to 

18   take the top down anyway, but I drove into the 

19   garage.  Denny drives up in his car next to mine 

20   and says, "I'm the only one who gets a 

21   convertible up here, Senator Krueger."  

22                (Laughter.)

23                SENATOR KRUEGER:   I assured him it 

24   was just a loaner, he would never see me in that 

25   car again.


                                                               3070

 1                But he was a man of great passion 

 2   and a great understanding of the complicated 

 3   politics of the late 20th and 21st century.  So 

 4   many of us knew him up here for what he did and 

 5   what he was, but people who are from New York 

 6   City also know his history as a true lion of a 

 7   great -- it's not really history, but the great 

 8   movement of African-American elected officials 

 9   coming up through the ranks, particularly in 

10   Manhattan and Harlem, now of course expanding 

11   much more broadly.

12                But for people who lived through 

13   these times and remember the roles that Denny 

14   Farrell played in so many different fights and 

15   issues here in Albany and down home in New York 

16   City, it's hard to believe that anyone will 

17   forget him and what he did for New York State.  

18                So I am delighted to simply rise in 

19   a small moment of tribute to him.

20                Thank you, Mr. President.

21                ACTING PRESIDENT GRIFFO:   Senator 

22   Comrie.

23                SENATOR COMRIE:   Thank you, 

24   Mr. President.

25                I want to thank the leaders for 


                                                               3071

 1   giving us all a moment to reflect on a great man, 

 2   Assemblyman Denny Farrell.

 3                I'm going to speak from a different 

 4   perspective.  I met Assemblyman Farrell back in 

 5   1988, in the Jesse Jackson campaign, when I was 

 6   still a young pup just starting out -- I was 

 7   young at one point --

 8                (Laughter.)

 9                SENATOR COMRIE:   -- when I was a 

10   young pup just starting out, an aide to City 

11   Councilmember Archie Spigner at that time, and 

12   got an opportunity to go to Harlem to meet the 

13   kings of Harlem, to meet Charlie Rangel and 

14   David Dinkins and, you know, Basil Paterson and 

15   all these kings.

16                And I have to say that all of them 

17   treated me as a person to be nurtured.  They 

18   didn't look down on me, they didn't use their 

19   power to rail over you.  They all nurtured you, 

20   but especially Denny.  He would treat you as a 

21   confidant the first time he met you.  He would 

22   let you know that you should be interested in 

23   government, you should do the things necessary, 

24   you should look good.  I have never gotten to his 

25   level of style; I don't think I ever will.  


                                                               3072

 1                But, you know, he was truly a man's 

 2   man.  He was someone that nurtured so many young 

 3   people, that got people involved in politics and 

 4   government, that helped so many people in their 

 5   careers, that gave people an opportunity to 

 6   understand that government was actually an 

 7   individual opportunity for people to do better.  

 8                He never lauded all of his titles or 

 9   anything.  He would just come to you as an 

10   individual, give you that encouragement, let you 

11   know that you can continue to do well as long as 

12   you focused on doing the work, being 

13   participatory and being a person that you could 

14   count on.

15                I just wanted to rise and 

16   acknowledge that for all of the staff people that 

17   he encountered, for all of the young people that 

18   he helped, for all of his people that are 

19   mourning his death, because he was truly a man's 

20   man.

21                Thank you, Mr. President.

22                ACTING PRESIDENT GRIFFO:   Senator 

23   Bailey.  

24                SENATOR BAILEY:   Thank you, 

25   Mr. President.  


                                                               3073

 1                I would like to first thank the 

 2   leaders of the house, Senator Stewart-Cousins and 

 3   Senator Flanagan, for bringing this resolution to 

 4   the floor to honor a great man, Assemblymember 

 5   Denny Farrell.

 6                In 2004 I began my career in 

 7   government as an intern in the New York State 

 8   Assembly.  And as -- Senator Comrie kind of stole 

 9   my thunder, but Denny Farrell treated everybody 

10   the same, from intern to messenger to member.  He 

11   treated them with the same respect, whether a 

12   21-year-old intern or a 35-year-old member.  

13   Consistency.  

14                He was diplomatic, accommodating, 

15   and always encouraging, especially to younger 

16   members.  Anytime I would see him in the hallways 

17   of this cavernous building, he would always make 

18   it his point to say, How are you doing?  How are 

19   things going?  Keep the faith.  Push on forward.  

20                And to somebody who is an 

21   institution in New York politics, if you're 

22   paying attention -- and all of us are -- his 

23   reputation certainly preceded itself.  And to 

24   have somebody with that stature, that cachet, 

25   that legend to be able to speak to me, as a 


                                                               3074

 1   freshman member, I was honored.  

 2                And as everybody said, he was the 

 3   sharpest one in the building.  Sorry, Kevin.  You 

 4   know, he certainly had presence.  He was 

 5   noticeable.  And he was somebody who you could 

 6   look up to and not worry about him letting you 

 7   down.

 8                He was a man of his word.  And as 

 9   Senator Young alluded to, his mastery of subjects 

10   during the budget hearings was nothing short of 

11   awe-inspiring.  Sitting through my first 

12   iteration of that last year, it was amazing how 

13   much stamina he had and how he was so quickly 

14   able to rifle off statistics from the -- 

15   seemingly from his hip, without looking down at 

16   the paper.  

17                He was somebody who was not just an 

18   incredible figure for African-Americans, but he 

19   should serve as a beacon of light and hope for 

20   anybody in this state that is looking to embark 

21   upon a career in government, that you can do 

22   government the right way.  And as everybody's 

23   said on both sides of the aisle, we can be -- we 

24   can disagree without being disagreeable.  We can 

25   disagree on the substance and the merits of 


                                                               3075

 1   something but, after the fact, have a 

 2   conversation later.  

 3                Denny Farrell was somebody who we 

 4   will all miss.  He was a legend.  And I was happy 

 5   to have been able to serve with him for such a 

 6   brief time.

 7                Thank you, Mr. President.

 8                ACTING PRESIDENT GRIFFO:   Senator 

 9   Gianaris.

10                SENATOR GIANARIS:   Thank you, 

11   Mr. President.  

12                There are few people that create the 

13   kind of unity in the Capitol where you see 

14   Assembly and Senate, Democrats and Republicans, 

15   reformers and regulars all singing his or her 

16   praises.  But Denny Farrell is one such person.  

17                I have known Denny for over two 

18   decades, back when I was an attorney for the 

19   State Assembly and he was a member, and then as a 

20   young member of the Assembly myself, where I 

21   served with Leader Flanagan, where we first 

22   established our friendship.  We were both people 

23   who looked up to Denny and watched the mastery 

24   with which he would engage in debates in the 

25   State Assembly.


                                                               3076

 1                I also had the privilege of 

 2   representing his partner -- at the time, his 

 3   girlfriend -- Barbara, as a constituent of mine.  

 4   And I learned that she had that status the hard 

 5   way, because I was having a town hall at a co-op 

 6   development in my district about a recently 

 7   passed budget -- I was a young Assemblyman at the 

 8   time -- and the door opens up and, lo and behold, 

 9   the chairman of the Ways and Means Committee 

10   walks in and sits down in the audience and starts 

11   asking me questions about it.  

12                (Laughter.)

13                SENATOR GIANARIS:   It was very 

14   intimidating, I can assure you.  But thankfully 

15   it was Denny, because he actually helped me 

16   answer the questions as opposed to just grilling 

17   me.  

18                And of course he did go on to play a 

19   great mentoring role for me in the Assembly.  

20   When he was the chair of the State Democratic 

21   Party, he had me serve as his finance chair 

22   during the 2006 cycle -- which, if I may get a 

23   little partisan, was the first time in his latest 

24   streak that Democrats won every single statewide 

25   election.  And so part of his legacy of success 


                                                               3077

 1   will be not only governmental but political.  

 2                And he will be sorely missed.  And I 

 3   hope the legacy he's left behind and the warm 

 4   feelings that exist for him in this building 

 5   provide some solace to his family at this time.

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Bonacic.

 9                SENATOR BONACIC:   Thank you, 

10   Mr. President.

11                I wish we had more people like Denny 

12   Farrell in state government.  

13                I remember before I came to Albany, 

14   as a county legislator, we would disagree with 

15   Republicans and Democrats and afterwards we would 

16   go to a bar and have a drink and laugh together.  

17                And when I first met Denny was in 

18   the Assembly.  I was the ranker of Banking, and 

19   he was the chairman.  And before the Banking 

20   Committee met, I would go see him in his office.  

21   I'd say, Denny, you know, a little problem with 

22   this bill, this bill -- no problem, we'll work it 

23   out.

24                But I want to talk a little bit 

25   about the human side of Denny Farrell.  He had a 


                                                               3078

 1   great sense of humor.  I don't think he took 

 2   himself seriously, but he took his work very 

 3   seriously.  And when we chaired -- ranker, 

 4   chairman -- in Banking, we had a chance to go all 

 5   around the United States and talk to bankers from 

 6   New York at exotic places in the United States.

 7                So I remember in West Virginia, at 

 8   Greenbrier, Denny sitting by himself on a couch.  

 9   And I'm with my bride.  And I see he's the only 

10   African-American there.  There's about 3500 white 

11   people.  So I go sit next to Denny, with my 

12   bride, and I say, "Denny, does it bother you?  Do 

13   you feel uncomfortable here?"  And he laughed and 

14   he said, "No way."  He was so comfortable in his 

15   own skin.

16                But the other thing I want to share 

17   with you about Denny, we used to have things in 

18   the western part of the United States -- 

19   California, Arizona.  And when it was over, the 

20   three nights and the four days, I'd say, "Denny, 

21   what flight are you taking?"  "No, I'm driving."  

22   He had a convertible.  

23                Well, I said, "Who's going with 

24   you?"  "I'm going by myself."  I said, "Denny, 

25   come on now, that's a long trip.  You know, 


                                                               3079

 1   you've got to be careful when you drive and all."  

 2                That son of a gun beat me home --

 3                (Laughter.)

 4                SENATOR BONACIC:   -- and I had an 

 5   airplane flight back.  

 6                But he loved to drive.  He must have 

 7   driven like -- I'm not exaggerating -- 18 hours a 

 8   day.  And it must -- it was probably his peace 

 9   and quiet and his meditation.  He loved the 

10   vehicle, and he loved to drive.

11                But I would say, in conclusion, he 

12   was not a man that polarized.  He was a man that 

13   could talk to kings and could talk to janitors in 

14   the same way, as has been touched on by people in 

15   this room.  And it was interesting to hear, when 

16   you spoke about Denny, I could see there was a 

17   smile on your face, there was a gleam in your eye 

18   for the appreciation of the quality of the man.  

19   And that's what I miss the most.  And the fact 

20   that he was bipartisan, never polarized.  

21                Oh, getting back to the 

22   West Virginia story, I told him I had a son in 

23   law school.  You know what he said?  He said:  

24   "When he graduates, I can give him a job with 

25   Morgenthau's office."  I almost fell off the 


                                                               3080

 1   couch, because I didn't know Denny that well.  

 2   But he meant every word that he said.  And I 

 3   never forgot that, 28 years later.

 4                So, Denny, may you rest in peace.  

 5   And our condolences to the family.

 6                Thank you, Mr. President.

 7                ACTING PRESIDENT GRIFFO:   Senator 

 8   Boyle.

 9                SENATOR BOYLE:   Thank you, 

10   Mr. President.  I rise in support of the 

11   resolution.  

12                It was a true honor to serve with 

13   Denny in the Assembly for many years, including 

14   as a member of the Ways and Means Committee.  

15                As was touched upon, a true 

16   gentleman with a great sense of humor.  Two quick 

17   stories that always summed up Denny to me.  I was 

18   a Denny fan for many years.  

19                You know, Denny, when he was a 

20   liberal Democratic Assemblyman and chairman of 

21   the Manhattan Democratic Committee, came up to 

22   CPAC, the Conservative Party convention they have 

23   up here, and debated in front of 200 

24   conservatives.  And when I saw Denny's name on 

25   the agenda, I was like, wow, he's got guts.  


                                                               3081

 1                He was so good explaining his 

 2   position with good humor and good nature that 

 3   Denny received a standing ovation when the debate 

 4   was over from a group of people who probably 

 5   didn't agree with him on one of those issues that 

 6   he debated.

 7                Also, Denny's honesty has been 

 8   touched upon.  I remember one night, one of those 

 9   long budget nights, we had passed legislation to 

10   increase taxes which was going to end on 

11   December 31st, so we had a special session in the 

12   middle of December -- which we weren't supposed 

13   to come back for -- to lower the tax but raise it 

14   more than it would have been if it had expired, 

15   but not as much as it was.  

16                So the Democrats were saying it's a 

17   tax decrease.  The Republican ranker on Ways and 

18   Means:  "This is a tax increase.  If we waited 

19   three weeks, it would be a tax increase."  He 

20   said, "If we waited three weeks, it would be a 

21   tax increase."  So Denny turned around and said, 

22   "You're right.  That's why we're here tonight."  

23                Rest in peace, Denny.

24                ACTING PRESIDENT GRIFFO:   Senator 

25   Tedisco.


                                                               3082

 1                SENATOR TEDISCO:   Thank you, 

 2   Mr. President.

 3                I look around the room and I see 

 4   some of my colleagues who served in the Assembly 

 5   and served with me and Denny in the Assembly.  

 6   But I think, as the Assemblyman who served with 

 7   Denny and the minority leader at one time over 

 8   there, I believe in this room I probably served 

 9   the longest with Denny in the New York State 

10   Assembly.  There may be one or two of you, I 

11   don't know.

12                But I found, after interacting with 

13   Denny all those years, that no matter what 

14   affiliation you were, it was just hard not to 

15   like Denny Farrell.  

16                And I can remember -- and I think 

17   you get a little bit of the flavor of what 

18   happens in the New York State Assembly.  We went 

19   over there last week to talk about the AG.  And 

20   it's kind of like a food fight every day every 

21   day.  A little bit more staid here in the Senate.  

22                And we used to pummel Denny, as the 

23   Ways and Means leader on the floor, with question 

24   after question after -- Mr. Gianaris knows; he 

25   was over there.  And we'd go after him and give 


                                                               3083

 1   him some tough and wild questions.  

 2                And Denny had unbelievable patience 

 3   and kindness and understanding.  He never came 

 4   back at us.  And we used to come at him very, 

 5   very hard.  I mean, we only had 43 members.  You 

 6   know, we'd pull the pin and we'd throw it and see 

 7   how much it blew up on the other side.  You know.

 8                And what I found him to be -- and I 

 9   think Senator Bonacic mentioned it -- very 

10   humorous.  He used to use humor to disarm us, a 

11   tremendous wit.  And he had an unbelievable 

12   command of the facts of billion-dollar budgets.  

13                And when he didn't have a command of 

14   the facts, he'd lean over to the counsel next to 

15   him, and he'd be talking.  And they didn't have 

16   the answer sometimes, so he'd come back and then 

17   he'd just make up the facts and give us an 

18   answer.  And we'd giggle a little bit, and we'd 

19   just go on to the next question.  Because he 

20   knew, as the leader said, it was always going to 

21   pass.  They had the numbers over there.  

22                But one fact about Denny can never 

23   be denied.  He was an unbelievable public 

24   servant, an unbelievable representative, and he 

25   left an unbelievable legacy there.  


                                                               3084

 1                And in all the time that I can 

 2   remember, we used to have tremendous chats 

 3   together and just talk together -- every time we 

 4   went at him with a difficult question, and some 

 5   guys were a little bit rude, never, never did he 

 6   come back with an answer that was going after 

 7   somebody or trying to personally attack somebody.  

 8   Always had a sense of just let it roll off his 

 9   back -- we're going to get this done, we have the 

10   numbers, so let me just answer the questions and 

11   do the best I can.

12                And he really illustrated the 

13   collegiality that I think the Senator was talking 

14   about, with all of us who didn't make it easy for 

15   him all the time, because that's the only thing 

16   we could do when we had those low numbers over 

17   there.  

18                But he's somebody that will be 

19   remembered, is going to be a part of this, as I 

20   said, this legislative body here that leaves a 

21   great legacy.

22                Thank you, Mr. President.

23                ACTING PRESIDENT GRIFFO:   Senator 

24   Kaminsky.

25                SENATOR KAMINSKY:   Thank you, 


                                                               3085

 1   Mr. President.

 2                I had the good fortune of serving 

 3   with Denny in the Assembly.  And the phrase that 

 4   comes to mind when I think of him is old school.  

 5   And there's a really interesting story that 

 6   really solidified it for me.  

 7                I was driving in my district over 

 8   the Atlantic Beach Bridge to go down to the 

 9   coastal part of my district, and there are two 

10   lanes.  There's the lane for the people that 

11   don't know the area that have to actually pay $2 

12   in cash, and then there's the lane for everyone 

13   else, who has a pass.  

14                And it was a June day, and it was a 

15   weekend, and it started to pour.  And as I'm 

16   going through, I see Denny sitting in his 

17   convertible in the cash lane just getting soaked.  

18   And he's just sitting there without a care in the 

19   world, just getting soaked.  

20                And by the time I realized who it 

21   was, I was already through the toll and on the 

22   other side.  And so when I saw him in the 

23   Assembly on Monday, I said, "Denny, what were you 

24   going?  What was going on?"  

25                He goes, you know, "The lady I'm 


                                                               3086

 1   with has a beach club down there, we love going, 

 2   I'm there every weekend."  I go, "You're there 

 3   every weekend?  Why are you in the cash lane?"  

 4                He goes, "Son, you think I'm going 

 5   to let the government know where I am with one of 

 6   these devices?  There's no way."  

 7                (Laughter.)

 8                SENATOR KAMINSKY:   He goes, "You 

 9   were a prosecutor, right?"  I go, "Yeah."  He 

10   goes, "Did you ever try to find out where someone 

11   was, using E-ZPass?"  I go, "I did."  He goes, "I 

12   don't own one."  

13                And he goes, "You ever heard of 

14   taking the Taconic to Albany?"  I go "Yeah."  He 

15   goes, "That's the only route I take."  

16                (Laughter.)

17                SENATOR KAMINSKY:   And he basically 

18   said, "When I want the government to know where I 

19   am, I will let them know."  He goes, "You want to 

20   find me?  I'll be on the floor in Albany voting 

21   during session.  If not, it's nobody's business 

22   at all."  

23                And I -- I just -- he didn't make 

24   any bones about it.  That was Denny.  

25                And when I got to serve with him in 


                                                               3087

 1   the Assembly, the best thing he taught me was to 

 2   calm down and chill out.  Denny would say to me, 

 3   "Son, it's Albany, it's not going to go the way 

 4   you think.  This too shall pass.  It's all good." 

 5   He had one of those phrases for me every time he 

 6   thought my head would explode.  

 7                And with all the different people 

 8   there, the fact that he would kind of notice that 

 9   and come up to me and say that was always great.  

10                All the rest has been said.  A true 

11   gentleman, a real public servant.  I'm glad we 

12   get to honor his memory today.  

13                Thank you, Mr. President.

14                ACTING PRESIDENT GRIFFO:   Is there 

15   any other member that wishes to be heard on the 

16   resolution?  

17                Senator DeFrancisco will close.

18                SENATOR DeFRANCISCO:   Thank you.  

19                Just about everything's been said, 

20   but I just wanted to mention two things.  

21                The one thing that wasn't really 

22   emphasized was Denny Farrell's patience.  When I 

23   was chair of the Finance Committee for several 

24   years, we would sit together and listen to people 

25   say the same thing over and over again and, 


                                                               3088

 1   despite the fact that they were pleading for us 

 2   to do something, would read a canned speech.  And 

 3   it would go on and on and on.  Never did I hear 

 4   him complain.  Never.  Never.  

 5                Now, he did other things.  He ate a 

 6   lot of stuff.  But my favorite was when he 

 7   brought his wallet out, which was about this big 

 8   (indicating), and he cleaned it out periodically.  

 9   And he had tickets in there -- I don't mean 

10   parking tickets, I mean tickets for this event or 

11   this lottery or this or that.  And he would make 

12   a mess.  He would be ripping them all up, putting 

13   them in piles, put them over here, and organize 

14   it like it was his filing cabinet.  

15                But he was able to keep his patience 

16   by -- his intellect, which was incredible, after 

17   he'd do this stuff, he'd ask a question.  I don't 

18   know -- I didn't think he was paying attention to 

19   anything.  He'd ask a question, and he would get 

20   the answer and be very cordial to the individual.

21                But the most important thing is 

22   rarely in this day and age, whether it's here in 

23   this body or on the street with people you know 

24   well, do you see an individual where if someone 

25   told you something and shook your hand, you 


                                                               3089

 1   didn't need anything in writing, you didn't need 

 2   anything to verify that he would do it or to make 

 3   certain he would do that thing.  His word was his 

 4   bond.  

 5                And that's something that we all 

 6   should look up to and we all should copy as much 

 7   as we possibly can.  He was truly a good man.  

 8   And I'm very sorry of his death, very sorry that 

 9   he's not here giving us more lessons for a longer 

10   period of time.

11                So with that said, Denny, rest in 

12   peace.  And we're all going to miss you, there's 

13   no question about it.  

14                Thank you.

15                ACTING PRESIDENT GRIFFO:   On this 

16   resolution, all members of the house will be 

17   listed as cosponsors unless otherwise noted.  

18                The question is on the resolution. 

19   All in favor signify by saying aye.

20                (Response of "Aye.")

21                ACTING PRESIDENT GRIFFO:   Opposed?  

22                (No response.)

23                ACTING PRESIDENT GRIFFO:   The 

24   resolution is adopted.  

25                I ask all present to please rise in 


                                                               3090

 1   a moment of silent reflection and tribute to 

 2   Assemblyman Denny Farrell.  May he rest in peace.

 3                (Whereupon, the assemblage rose and 

 4   respected a moment of silence.)

 5                ACTING PRESIDENT GRIFFO:   Senator 

 6   DeFrancisco.

 7                SENATOR DeFRANCISCO:   Next I just 

 8   want to give everyone a reminder that following 

 9   session there will be a Codes Committee meeting 

10   immediately following session in Room 124, and a 

11   Higher Ed Committee meeting immediately following 

12   session in Room 332.

13                ACTING PRESIDENT GRIFFO:   Upon 

14   conclusion of session, there will be Higher Ed in 

15   332 and Codes in 124.

16                Senator DeFrancisco.

17                SENATOR DeFRANCISCO:   Any further 

18   business?

19                ACTING PRESIDENT GRIFFO:   There is 

20   no further business.  The calendar has been laid 

21   aside for the day.

22                SENATOR DeFRANCISCO:   In that case, 

23   I move to adjourn until Thursday, May 31st, at 

24   11:00 a.m.

25                ACTING PRESIDENT GRIFFO:   On 


                                                               3091

 1   motion, the Senate stands adjourned until 

 2   Thursday, May 31st, at 11:00 a.m.

 3                The Senate is adjourned.

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

 5   adjourned.)

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