May 06, 2008

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Date: 05/06/2008 Session: Regular

1773 1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 May 6, 2008 11 3:08 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR CARL L. MARCELLINO, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23

24 25 Candyco Transcription Service, Inc. (518) 371-8910 1774 1 P R O C E E D I N G S 2 ACTING PRESIDENT MARCELLINO: The 3 Senate will come to order. 4 Please rise and recite with me the 5 Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT MARCELLINO: The 9 invocation today will be given by Reverend Ed 10 Jones, pastor of the Faith Assembly of God 11 Church in Poughkeepsie. 12 REVEREND JONES: Let us pray. 13 Heavenly Father, we give You thanks 14 for our Senators who have committed their 15 lives to public service. We ask that You will 16 bless them and their families. 17 We ask today that You will give 18 them insight to see the ramifications of the 19 laws and policies that they will debate and 20 vote on. Give them wisdom and guidance to 21 enact just laws that will benefit the people 22 of New York State. 23 We ask that they will leave a 24 legacy of political fairness and compassion. 25 May this Senate be known for its integrity.

Candyco Transcription Service, Inc. (518) 371-8910 1775 1 May the reward of doing right and being right 2 be greater compensation in their eyes than 3 momentary accolades. 4 As our Senators work in Albany, may 5 they inspire our families, our communities to 6 be a good and just people. 7 We pray for the judges that will be 8 appointed and reappointed to serve. Give them 9 discernment in the court cases they will 10 preside. May their judgments demonstrate 11 impartiality and produce confidence and trust 12 in the judicial system. We ask that You will 13 protect them and watch over their families. 14 Father, in the midst of human power 15 and prestige, help us to remember our human 16 frailty and the brevity of our lives so that 17 we might remember both our need of You and our 18 accountability to You. 19 We thank You for all You have 20 blessed us with. Help us to be good stewards 21 of the opportunities and the resources You 22 have bestowed upon us. 23 Now give us the wisdom and strength 24 to do what is right in Your sight, for Your 25 ways are always the best ways, even though Candyco Transcription Service, Inc. (518) 371-8910 1776 1 they are not the most popular ways.

2 Heavenly Father, we pray that You 3 would grant this session of the Senate to be 4 productive. We pray that it will be for the 5 good of our state. 6 We pray all of this in the name of 7 Jesus. Amen. 8 ACTING PRESIDENT MARCELLINO: May 9 we have the reading of the Journal. 10 THE SECRETARY: In Senate, 11 Monday, May 5, the Senate met pursuant to 12 adjournment. The Journal of Sunday, May 4, 13 was read and approved. On motion, Senate 14 adjourned. 15 ACTING PRESIDENT MARCELLINO: 16 Without objection, the Journal stands approved 17 as read. 18 We have the presentation of 19 petitions. 20 Messages from the Assembly. 21 Messages from the Governor. 22 Reports of standing committees. 23 Reports of select committees. 24 Communications and reports from 25 state officers. Candyco Transcription Service, Inc. (518) 371-8910 1777 1 Motions and resolutions. 2 Senator Bruno. 3 SENATOR BRUNO: I believe, 4 Mr. President, there are three substitutions

5 at the desk we would ask to be made. 6 ACTING PRESIDENT MARCELLINO: The 7 Secretary will make the substitutions. 8 THE SECRETARY: On page 37, 9 Senator Griffo moves to discharge, from the 10 Committee on Investigations and Government 11 Operations, Assembly Bill Number 10377 and 12 substitute it for the identical Senate Bill 13 Number 7258, Third Reading Calendar 697. 14 On page 43, Senator Volker moves to 15 discharge, from the Committee on Codes, 16 Assembly Bill Number 7371 and substitute it 17 for the identical Senate Bill Number 3564, 18 Third Reading Calendar 831. 19 And on page 44, Senator Volker 20 moves to discharge, from the Committee on 21 Codes, Assembly Bill Number 10362 and 22 substitute it for the identical Senate Bill 23 Number 7249, Third Reading Calendar 843. 24 ACTING PRESIDENT MARCELLINO: The 25 substitutions are ordered. Candyco Transcription Service, Inc. (518) 371-8910 1778 1 Senator Fuschillo. 2 SENATOR FUSCHILLO: Thank you, 3 Mr. President. 4 On behalf of Senator Larkin, on 5 page number 19 I offer the following 6 amendments to Calendar Number 262, Senate 7 Print Number 6108, and ask that said bill

8 retain its place on Third Reading Calendar. 9 ACTING PRESIDENT MARCELLINO: So 10 ordered. 11 Senator Bruno. 12 SENATOR BRUNO: Mr. President, 13 can we at this time adopt the Resolution 14 Calendar, except for Resolutions 5632 and 15 5647. 16 ACTING PRESIDENT MARCELLINO: All 17 in favor of adopting the Resolution Calendar, 18 with the exception of Resolutions 5632 and 19 5647, signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT MARCELLINO: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT MARCELLINO: The 25 Resolution Calendar is adopted. Candyco Transcription Service, Inc. (518) 371-8910 1779 1 Senator Bruno. 2 SENATOR BRUNO: And, 3 Mr. President, can we at this time take up 4 Resolution Number 5647, have it read in its 5 entirety, and move for its immediate adoption. 6 ACTING PRESIDENT MARCELLINO: The 7 Secretary will read. 8 THE SECRETARY: By Senators Bruno 9 and Morahan, Legislative Resolution Number 10 5647, memorializing Governor David A. Paterson

11 to proclaim May 6, 2008, as Senate 12 Disabilities Awareness Day in the State of 13 New York. 14 "WHEREAS, The New York State Senate 15 Committee on the Disabled is sponsoring its 16 Annual Senate Disabilities Awareness Day in 17 Albany, New York; and 18 "WHEREAS, Members of this 19 Legislative Body have selected residents from 20 their districts who embody the celebrated 21 spirit of perseverance and determination to 22 'achieve through adversity' to be honored at 23 2008 Senate Achievers; and 24 "WHEREAS, A Technology Fair will be 25 held with exhibitors from across the state Candyco Transcription Service, Inc. (518) 371-8910 1780 1 displaying their programs; and 2 "WHEREAS, It is the sense of this 3 Legislative Body that persons with 4 disabilities merit our recognition as they 5 realize the goals of inclusion and equality in 6 our communities and society at large; and 7 "WHEREAS, It is the intent of this 8 Legislative Body to recognize persons with 9 disabilities, accentuating, in turn, the 10 benefit to New York State of their 11 contributions to our economic, educational, 12 and social growth; and 13 "WHEREAS, Senate Disabilities

14 Awareness Day so clearly labors for the 15 positive and salutary definition of the 16 communities of the State of New York; and 17 "WHEREAS, Senate Disabilities 18 Awareness Day provides individuals with an 19 opportunity to acknowledge and understand the 20 legislative process; now, therefore, be it 21 "RESOLVED, That this Legislative 22 Body pause in its deliberations to memorialize 23 Governor David A. Paterson to proclaim May 6, 24 2008, as Senate Disabilities Awareness Day in 25 the State of New York, fully confident that Candyco Transcription Service, Inc. (518) 371-8910 1781 1 such procedure mirrors our shared commitment 2 to the efflorescence of human dignity; and be 3 it further 4 "RESOLVED, That copies of this 5 resolution, suitably engrossed, be transmitted 6 to The Honorable David A. Paterson, Governor 7 of the State of New York, and selected 8 representatives of persons with disabilities." 9 ACTING PRESIDENT MARCELLINO: 10 Senator Bruno. 11 SENATOR BRUNO: Thank you, 12 Mr. President, colleagues, and those that are 13 here with us in the chamber today. 14 This resolution that you heard read 15 describes a number of people -- many of them 16 in this chamber -- in this state who have the

17 courage, have everything that it takes to meet 18 challenges that life gives them in a very, 19 very special way. 20 The Senate has had Disabilities 21 Awareness Day, I think this is our 28th year. 22 And during that day, Senators recommend people 23 who have overcome disabilities who live with 24 their challenges. And it's very, very special 25 for all of us. Candyco Transcription Service, Inc. (518) 371-8910 1782 1 And Senator Morahan, who chairs the 2 committee, was there with many of you. 3 I have a very special guest, my 4 nominee, here, Mr. President, Kyle Hurysz. 5 Kyle is here with his mom, Patricia; father, 6 Ken; young brother, 5, Owen. Kyle is in 7 fourth grade. 8 Kyle, who's right here, I met Kyle 9 at the Twin Rivers Boy Scout Council, 500 or 10 600 people, and he spoke to that group. And I 11 was amazed at his poise, at his ability to 12 communicate, how articulate. 13 Kyle, with many of you, really are 14 role models for people in life. All of us 15 think that life is difficult sometimes. Some 16 days are better than others, especially in 17 this business. But when you have people like 18 Kyle, like many of you here, who just deal 19 with what they have to deal with, there isn't

20 anything Kyle and many of the others aren't 21 willing to try, willing to do, relating, in 22 the community. 23 And Mom and Dad, Owen, they're very 24 special people, like many of you that deal 25 every hour and every day with challenges in Candyco Transcription Service, Inc. (518) 371-8910 1783 1 life. 2 So I'm proud here to welcome all of 3 you, everyone here, and especially Kyle, his 4 mom and dad, for having everything that it 5 takes to really make us all proud as they go 6 on and meet their challenges in life. 7 Thank you, Mr. President. 8 ACTING PRESIDENT MARCELLINO: 9 Senator Morahan, on the resolution. 10 SENATOR MORAHAN: Thank you, 11 Mr. President. 12 I rise also to just explain the 13 feeling that I have every year when we have 14 this Disability Awareness Day here in the 15 Senate. It's truly inspiring. It makes all 16 of our little troubles seem to wash away when 17 you see people who have overcome things that 18 would normally lay most of us low. 19 And they do it, remarkably, with a 20 smile on their face and a cheerfulness. And 21 it's just not overcoming their disability, 22 their challenge, but it's what they're doing

23 with their lives on top of that -- serving 24 others, doing what they can for families who 25 have people going through a trauma, people who Candyco Transcription Service, Inc. (518) 371-8910 1784 1 come out of a coma after three or four months 2 and spend the rest of their lives dealing with 3 those who have a brain trauma or a coma 4 condition, counseling their families, devoting 5 their lives to just plain good work. 6 So I'm especially proud of those 7 who we came to honor today for their 8 accomplishments in the face of great odds. 9 Some without limbs, some with limited 10 facilities and faculties, some who have been 11 challenged in ways that we don't understand 12 why that is, but it is, and they accept it. 13 And to see people like Kyle, with a 14 smile on his face all through the ceremony, 15 getting recognized by us, getting recognized 16 by their families for their accomplishments 17 and for all those good things that they serve 18 as role models for the rest of New Yorkers, 19 those of us who may complain from time to time 20 about an ailment or a turn of fortune. 21 When we see these people the folks 22 who have stepped up, facing great odds, 23 overcoming those odds, accomplishing great 24 deeds and helping their fellow man both by 25 activities and example, it truly is an

Candyco Transcription Service, Inc. (518) 371-8910 1785 1 inspirational day. 2 Thank you, Mr. Chairman. 3 ACTING PRESIDENT MARCELLINO: 4 Thank you, Senator. 5 Senator Libous, on the resolution. 6 SENATOR LIBOUS: Thank you, 7 Mr. President. On the resolution. 8 I want to congratulate Senator 9 Bruno and certainly Chairman Morahan for 10 another very, very successful day, and looking 11 at the quality and the character of many of 12 our honorees. I still chair the Select 13 Committee on the Disabled and certainly was 14 involved in this day for a number of years. 15 But I think the thing that's very 16 touching to me is that when you talk to some 17 of our recipients today of this award, and 18 certainly the challenges they face, it's all 19 about attitude. Attitude is the only 20 disability that a lot of people have. And 21 they shared with me that they have a positive 22 attitude every day when they get up and face 23 the world in a different way than we do. 24 And what I want to share with 25 everyone here, as I have in the past, is that Candyco Transcription Service, Inc. (518) 371-8910 1786 1 what's important today is that we honor these

2 individuals who contribute so much to our 3 state and to society on a daily basis as they 4 overcome their challenges. And what I would 5 share with my colleagues is that in this house 6 we have made great strides over the years, we 7 have done a number of things. 8 Senator Bruno talked earlier today 9 at the ceremony about head injury. And this 10 house has passed successfully, and the other 11 house, setting into law a Head Injury 12 Institute in this state that we didn't have. 13 Because many parents of head-injured 14 individuals were going to Massachusetts; we 15 didn't have those facilities. But now, 16 because of what this body did, that's changed. 17 And those are who are head-injured are 18 serviced right here in New York State. 19 And so my message to my colleagues 20 is that while we honor these outstanding 21 individuals, they will leave here today and 22 they still have those same challenges every 23 day. And we tend to forget what they are. We 24 tend to become emotional over those challenges 25 as we see what great accomplishments they Candyco Transcription Service, Inc. (518) 371-8910 1787 1 make, but they live with that every day, and 2 they achieve every day. 3 What we can do is continue to give 4 them the assistance and help that we have in

5 the past, and that we need to keep a little 6 piece of our day so that we are aware of the 7 challenges that hundreds of thousands of 8 disabled New Yorkers face every day. 9 So again, Senator Bruno, thank you 10 for allowing this to happen. And, Senator 11 Morahan, thank you for the outstanding work 12 you have done for the disabled community and 13 those who have a mental illness in New York 14 State. 15 ACTING PRESIDENT MARCELLINO: 16 Thank you, Senator. 17 Senator Padavan. 18 SENATOR PADAVAN: Thank you, 19 Mr. President. 20 For 36 years, Mr. President, I've 21 had the privilege, as have all of our 22 colleagues, to host on this day in Albany 23 citizens of this state, from one end to the 24 other, who come here to share with us their 25 life experiences and their courage as they Candyco Transcription Service, Inc. (518) 371-8910 1788 1 deal with disabilities of all kinds. 2 And it's motivated us. Because 3 over that period of time we have done 4 fantastic things as a Legislature and as a 5 state, responding to their needs in many, many 6 different ways. 7 As an example, we have a network of

8 community residences in this state 9 unparalleled anywhere in the nation. We have 10 done things that some people said could not be 11 done. We have committed resources in vast 12 amounts to all kinds of individuals and 13 groups, addressing all kinds of disabilities. 14 And a lot of it was motivated by this visit 15 every year, because we came face-to-face with 16 the people that we had to serve. 17 Senator Bruno and Senator Morahan 18 talked here and earlier this afternoon about 19 what this day means and what it's all about 20 and how important it is, and I share 21 everything they had to say. 22 I have a lovely young lady here 23 today from my part of the state, Sara. Sara 24 started her young life on Sesame Street, 25 despite a disability that was at birth. And Candyco Transcription Service, Inc. (518) 371-8910 1789 1 today she works in a soup kitchen, she works 2 at a veterans hospital as a volunteer, she 3 does all kinds of things with her life despite 4 her disability. 5 And she's sitting back there. 6 Sara, we're delighted to have you with us. 7 She's very, very bashful, though, and very 8 shy. But when you get her going, she's on a 9 stage and you can't stop her. 10 And Sara is just an illustration of

11 not only the folks who are here today but who 12 have been here year after year after year. 13 And we are far better legislators and human 14 beings by having been exposed to them and what 15 they mean to us in their lives and in ours. 16 ACTING PRESIDENT MARCELLINO: 17 Thank you, Senator. 18 Senator DeFrancisco, on the 19 resolution. 20 SENATOR DeFRANCISCO: Thank you. 21 I rise to echo some of the remarks that have 22 already been made. 23 But, you know, I also want to 24 recognize my constituent that I feel very, 25 very proud of, Robert Miller, of Candyco Transcription Service, Inc. (518) 371-8910 1790 1 Baldwinsville. 2 Mr. Miller, at age 22, lost his 3 total eyesight as a result of glaucoma. He 4 didn't then exit from an active life; he got 5 involved with the Blind Vendor Merchant 6 Program right way. 7 And what was said by Senator 8 Padavan and Senator Libous about some of the 9 things that the state does, some of the things 10 that the state funds don't normally get 11 recognized. And the fact that that program 12 was available resulted in a successful 13 business that he's had over all of these

14 years. He now runs the newsstand at the State 15 Office Building where my offices are. 16 He's maintained his devotion to his 17 people with other handicapping conditions, 18 especially of the blind, and he's on many 19 organizations. 20 But I guess what I wanted to really 21 say is here is an example of a day honoring 22 people that are doing the best that they can 23 do under very, very difficult circumstances, 24 like all of us. And on the other hand, we 25 have an obligation to continue these programs Candyco Transcription Service, Inc. (518) 371-8910 1791 1 so they all can become the best they can 2 possibly be, and maintain a system, a network 3 of support for those who deserve and are 4 entitled to our laws that assist them. 5 So to Robert Miller and to all the 6 other recipients of the honor today, you are 7 honoring us, we are not honoring you. So keep 8 up the great work going forward, as you have 9 done over all of these years. 10 Thank you, Mr. President. 11 ACTING PRESIDENT MARCELLINO: 12 Thank you, Senator. 13 Senator Little, on the resolution. 14 SENATOR LITTLE: Thank you, 15 Mr. President. I too would like to stand and 16 recognize all of our honorees and all people

17 in our state who are dealing with 18 disabilities. 19 There's a saying that it's not so 20 much what happens to us in life as to how we 21 deal with it. 22 I am honored today to be joined by 23 a young man, Tai McLear, who is 9 years old. 24 He was diagnosed with muscular dystrophy at 25 the age of 3. And at 9 years old, he's now a Candyco Transcription Service, Inc. (518) 371-8910 1792 1 regional ambassador for muscular dystrophy. 2 He has raised thousands of dollars. But more 3 than that, that through his spirit and his 4 attitude, he has inspired and helped many, 5 many other children with disabilities. 6 He is a straight A student at the 7 L.P. Quinn School in Tupper Lake, New York. 8 He's joined today by his very proud and loving 9 mother and grandparents. 10 And I'm just so proud to have him 11 here today, because as a young person he is 12 showing us that young people can face 13 difficulties and challenges in life and really 14 come out with an attitude and be an 15 inspiration to other people. 16 So I'm proud to honor Tai today, 17 and all of the honorees. Thank you. 18 ACTING PRESIDENT MARCELLINO: 19 Thank you, Senator.

20 Senator Winner, on the resolution. 21 SENATOR WINNER: Thank you, 22 Mr. President. 23 I too am honored to be able to 24 participate in this extraordinary day with 25 such extraordinary people as the honorees that Candyco Transcription Service, Inc. (518) 371-8910 1793 1 we've seen at the ceremony this morning, as 2 well as some of those who have been discussed 3 this afternoon. 4 I am particularly honored to have 5 here Melissa Hudson, Melissa here in the 6 chamber, who is an inspiration to our 7 community in upstate New York. Melissa was 8 diagnosed with cerebral palsy as a young girl 9 and, as such, faced undoubted challenges in 10 going forward with some of her dreams and 11 aspirations. 12 One of her dreams and aspirations 13 was to be involved intimately in the 14 veterinary medicine field. And as such, she 15 has gone about her efforts in educating 16 herself, with the help of a fine institution 17 in our area, to be able to become very, very 18 much involved in the treatment and care of 19 animals within the Humane Society in Yates 20 County, in Penn Yan, New York. 21 She has been able to live 22 independently, work independently, and has

23 even gotten a license to drive an automobile, 24 for which she should be extraordinarily proud. 25 And as such, she is a tremendously Candyco Transcription Service, Inc. (518) 371-8910 1794 1 contributing member of society and doing such 2 great work. And I'm pleased to be able to be 3 associated with her and have her be our 4 honoree from my Senate district today. 5 Thank you, Mr. President. 6 ACTING PRESIDENT MARCELLINO: 7 Thank you Senator. 8 Seeing no other speakers, all in 9 favor of the resolution signify by saying aye. 10 (Response of "Aye.") 11 ACTING PRESIDENT MARCELLINO: 12 Opposed, nay. 13 (No response.) 14 ACTING PRESIDENT MARCELLINO: The 15 resolution is passed. 16 Senator Rath. 17 SENATOR RATH: Senator Bruno 18 would like to open this resolution for 19 cosponsorship by other members of the Senate. 20 ACTING PRESIDENT MARCELLINO: 21 Anyone not wishing to be on the resolution, 22 please notify the desk. Otherwise, everyone's 23 name will be placed on the resolution. 24 Senator Rath. 25 SENATOR RATH: Mr. President, at

Candyco Transcription Service, Inc. (518) 371-8910 1795 1 this time there's a resolution by Senator 2 Saland, Number 5632. May we have it read 3 title only, please. 4 ACTING PRESIDENT MARCELLINO: The 5 Secretary will read. 6 THE SECRETARY: By Senator 7 Saland, Legislative Resolution Number 5632, 8 commemorating the 25th Anniversary of the 9 Dutchess Lodge No. 860, Knights of Pythias. 10 ACTING PRESIDENT MARCELLINO: 11 Senator Saland. 12 SENATOR SALAND: Thank you, 13 Mr. President. 14 Mr. President, I've had the good 15 fortune of living nearly my entire life in 16 Dutchess County, in the mid-Hudson, and it is 17 a wonderful place with an enviable quality of 18 life. And that has nothing to do with merely 19 the geography of the area, but it also has to 20 do with the people of the area and the 21 organizations that are such a vital part of 22 the fabric of the area. 23 And we celebrate in this 24 resolution, Mr. President, the 25th 25 anniversary of the Dutchess Lodge 860 of the Candyco Transcription Service, Inc. (518) 371-8910 1796 1 Knights of Pythias, an organization which has

2 a rich tradition extending more than 140 years 3 now, built on the distinguishing principles of 4 friendship, charity and benevolence. 5 And there are a number of members 6 and officers of the organization. And while 7 it's the Dutchess Lodge, there are members 8 throughout the Hudson Valley who are part of 9 the lodge; membership is not limited to 10 Dutchess residents. And there are members of 11 this Legislature who are Pythians as well. 12 And what really their mission is is 13 to enhance the communities in which they live, 14 to enhance the quality of life for their 15 friends, their neighbors, their communities. 16 And they have done it very generously by 17 raising tens of thousands of dollars, 18 approaching the $100,000 mark, all to the 19 benefit of the communities that they live in 20 and that they support. 21 And I would ask, Mr. President, if 22 you might welcome those members of the 23 Dutchess 860 Lodge of the Knights of Pythias 24 here to the chamber today. 25 ACTING PRESIDENT MARCELLINO: Candyco Transcription Service, Inc. (518) 371-8910 1797 1 Thank you, Senator Saland. 2 And we wish the delegation from the 3 Knights of Pythias good cheer and safe home, 4 and thank you for coming.

5 (Applause.) 6 ACTING PRESIDENT MARCELLINO: On 7 the resolution, all in favor signify by saying 8 aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT MARCELLINO: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT MARCELLINO: The 14 resolution is adopted. 15 Senator Rath. 16 SENATOR RATH: Yes, 17 Mr. President. There is a resolution at the 18 desk, Number 3281, by Senator Fuschillo. If 19 it could be read in its entirety. 20 ACTING PRESIDENT MARCELLINO: The 21 Secretary will read. 22 THE SECRETARY: By Senator 23 Fuschillo, Legislative Resolution Number 3281, 24 congratulating the Merrick-North Merrick 25 Little League Girls Softball Team and Manager Candyco Transcription Service, Inc. (518) 371-8910 1798 1 Lou Eiler upon the occasion of capturing the 2 2007 New York State 9-and-10-year-old Softball 3 Championship. 4 "WHEREAS, Excellence and success in 5 competitive sports can be achieved only 6 through strenuous practice, team play and team 7 spirit, nurtured by dedicated coaching and

8 strategic planning; and 9 "WHEREAS, Athletic competition 10 enhances the moral and physical development of 11 the young people of this state, preparing them 12 for the future by instilling in them the value 13 of teamwork, encouraging a standard of healthy 14 living, imparting a desire for success, and 15 developing a sense of fair play and 16 competition; and 17 "WHEREAS, The Merrick-North Merrick 18 Little League Girls Softball Team are the 2007 19 New York State 9-and-10-year-old softball 20 champions; and 21 WHEREAS, The Merrick-North Merrick 22 Little League Girls Williamsport Softball Team 23 made it to the New York State 24 9-and-10-year-old softball championship by 25 topping more than 200 teams that competed for Candyco Transcription Service, Inc. (518) 371-8910 1799 1 the coveted title. The girls finished the 2 summer tournament season undefeated, going 3 11-0 and scoring 126 runs while giving up only 4 25; and 5 "WHEREAS, The Merrick-North Merrick 6 Little League Girls Softball Team and their 7 families arrived in Pittsford, New York, on 8 August 3, 2007, for the five-day championship 9 tournament. Earlier, the squad had captured 10 the Long Island Championship to earn a spot in

11 the state tournament, which matched Merrick 12 against teams from New City, Brewster, and 13 Cicero; and 14 "WHEREAS, On July 31, 2007, the 15 Merrick-North Merrick Little League Girls 16 Softball Team defeated Half Hollow Hills by a 17 score of 10-0 to win the Long Island 18 Championship; and 19 "WHEREAS, The athletic talent 20 displayed by this team is due in great part to 21 the efforts of Manager Lou Eiler and Coaches 22 Denise Savarese, Don Calagna, and Dave 23 Marcello, skilled and inspirational tutors, 24 respected for their ability to develop 25 potential into excellence; and Candyco Transcription Service, Inc. (518) 371-8910 1800 1 "WHEREAS, The team's overall record 2 is outstanding, and the team members were 3 loyally and enthusiastically supported by 4 family, fans, friends and the community at 5 large; and 6 "WHEREAS, The hallmarks of the 7 Merrick-North Merrick Little League Girls 8 Softball Team, from the opening game of the 9 season to participation in the championship, 10 were a sisterhood of athletic ability, of good 11 sportsmanship, of honor and of scholarship, 12 demonstrating that these team players are 13 second to none; and

14 "WHEREAS, Athletically and 15 academically, the team members have proven 16 themselves to be an unbeatable combination of 17 talents, reflecting favorably on their 18 community; and 19 "WHEREAS, Manager Lou Eiler and his 20 dedicated staff have done a superb job in 21 guiding, molding and inspiring the team 22 members toward their goals; and 23 "WHEREAS, Sports competition 24 instills the values of teamwork, pride and 25 accomplishment, and Manager Lou Eiler and Candyco Transcription Service, Inc. (518) 371-8910 1801 1 these outstanding athletes have clearly made a 2 contribution to the spirit of excellence which 3 is a tradition of their school; now, 4 therefore, be it 5 "RESOLVED, That this Legislative 6 Body pause in its deliberations to 7 congratulate the Merrick-North Merrick Little 8 League Girls Softball Team, its members -9 Brianna Biancardi, Maria Batas, Rachel 10 Calagna, Lauren Trimarco, Lauren Sustad, 11 Allison Jones, Kathryn Eiler, Meredith Jones, 12 Lauren Savarese, Ally Marcello, and Taylor 13 Catalano -- and Manager Lou Eiler and his 14 coaching staff on their outstanding season and 15 overall team record; and be it further 16 "RESOLVED, That copies of this

17 resolution, suitably engrossed, be transmitted 18 to the Merrick-North Merrick Little League 19 Girls Softball Team, Manager Lou Eiler and the 20 aforementioned coaching staff." 21 ACTING PRESIDENT MARCELLINO: 22 Senator Fuschillo, on the resolution. 23 SENATOR FUSCHILLO: Mr. 24 President, thank you very much. 25 I am delighted to rise once Candyco Transcription Service, Inc. (518) 371-8910 1802 1 again -- this is four years in a row for me -2 as the Senator representing my hometown 3 community in Merrick, where I don't think 4 anybody else can get up and make that claim. 5 You know, today the girls and their 6 parents and the coaches and the manager 7 arrived here and had lunch and went to the 8 museum, had a tour of the Capitol, met Senator 9 Bruno and had a great day. 10 But last summer, for a period of a 11 month, 31 days, they beat teams in Senator 12 Craig Johnson's district easily, they beat 13 teams in Senator Skelos's district easily. 14 And then they went up to the state champs and 15 in the finals met a team from Senator 16 Morahan's district from New City, and we wiped 17 them out. 18 (Laughter.) 19 SENATOR FUSCHILLO: And the girls

20 finished 11 and 0, had 129 runs for and 25 21 against. 22 But I have to compliment -23 ACTING PRESIDENT MARCELLINO: Can 24 we have some order in the house. This is some 25 very important information. Candyco Transcription Service, Inc. (518) 371-8910 1803 1 SENATOR FUSCHILLO: Mr. 2 President, we probably beat teams in your 3 district too, but I didn't get to that point. 4 (Laughter.) 5 ACTING PRESIDENT MARCELLINO: Not 6 a chance, Senator. 7 (Laughter.) 8 SENATOR FUSCHILLO: But I want to 9 compliment the parents, because I was in this 10 position a few years ago when my son won the 11 state champs as well, and I know it's a 12 tremendous commitment. Practice every single 13 day and night in the summer, and the coaches 14 and the manager, Lou Eiler -- who I got to 15 know a few years ago, and he's just a terrific 16 guy. 17 Lou, I compliment you on your 18 commitment to these girls. I always said I 19 know you just wanted to play with your 20 daughter and have fun, but you told me and you 21 corrected me, it's about all these girls, and 22 they're very special in your heart.

23 This is a great moment in your 24 life. Last summer was special. And I know 25 Little League rules and Williamsport rules; Candyco Transcription Service, Inc. (518) 371-8910 1804 1 you can't talk about next summer. But I know 2 we're going to be back here next year, beating 3 Craig Johnson's kids in his district and 4 maybe, if Senator Morahan's teams are lucky, 5 they'll get to the finals again. But you're 6 going to have many moments like this in your 7 life. 8 So I am so proud to spend a day 9 with all of you, have you come to the Capitol, 10 have you come to the Senate chambers, and have 11 everybody here recognize your accomplishments. 12 Please rise. 13 Ladies and gentlemen, I give you 14 the girls' softball champs of New York State. 15 Let's join them in a round of applause. 16 (Applause.) 17 SENATOR FUSCHILLO: Now, 18 Mr. President, as I conclude -- because you 19 said no other Senator can speak on this 20 resolution -21 (Laughter.) 22 SENATOR FUSCHILLO: -- I vote aye 23 and move for its immediate adoption. Thank 24 you very much. 25 ACTING PRESIDENT MARCELLINO:

Candyco Transcription Service, Inc. (518) 371-8910 1805 1 Unfortunately, Senator, the resolution was 2 passed some time ago. 3 And Senator Morahan has requested, 4 requested rebuttal time. 5 (Laughter.) 6 ACTING PRESIDENT MARCELLINO: 7 Senator Morahan. 8 SENATOR MORAHAN: Thank you, 9 Mr. President. 10 As the Senator who represents 11 New City, who Senator Fuschillo claims to have 12 been wiped out by this illustrious team from 13 Nassau, I will call to mind or to your 14 attention that they beat New City in the 15 championship game for the state. So I'm proud 16 of my kids who made it that far, and also 17 reflect upon all the other Nassau teams that 18 my team was better than. Okay? 19 (Laughter.) 20 SENATOR MORAHAN: But I humbly 21 stand in front of you youngsters to 22 congratulate you on team spirit, good 23 sportsmanship. You beat everyone fair and 24 square. You are the champs. You deserve the 25 accolades. Candyco Transcription Service, Inc. (518) 371-8910 1806 1 God bless you, and good luck. And

2 thank you for being here with us today. 3 (Applause.) 4 ACTING PRESIDENT MARCELLINO: 5 Senator Skelos. 6 SENATOR SKELOS: Thank you, 7 Mr. President. In the future, please don't 8 recognize Senator Fuschillo. 9 (Laughter.) 10 ACTING PRESIDENT MARCELLINO: 11 We'll make a note of that, Senator. 12 SENATOR SKELOS: Congratulations, 13 ladies, to you also. 14 There is a motion, I believe, by 15 Senator Farley. 16 ACTING PRESIDENT MARCELLINO: 17 Senator Farley. 18 SENATOR FARLEY: I don't have any 19 team to introduce, but congratulations in any 20 case. 21 On behalf of myself, Mr. President, 22 I wish to call up my bill, Senate Print 6457, 23 which was recalled from the Assembly and it's 24 now at the desk. 25 ACTING PRESIDENT MARCELLINO: The Candyco Transcription Service, Inc. (518) 371-8910 1807 1 Secretary will read. 2 THE SECRETARY: Calendar Number 3 63, by Senator Farley, Senate Print 6457, an 4 act establishing.

5 SENATOR FARLEY: I now move, 6 Mr. President, to reconsider the vote by which 7 this bill passed. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll on reconsideration, please. 10 (The Secretary called the roll.) 11 THE SECRETARY: Ayes, 56. 12 SENATOR FARLEY: Mr. President, I 13 now offer the following amendments. 14 ACTING PRESIDENT MARCELLINO: 15 Amendments accepted. 16 Senator Skelos. 17 SENATOR SKELOS: Mr. President, 18 if we could return to reports of standing 19 committees for the report of the Finance 20 Committee. 21 ACTING PRESIDENT MARCELLINO: We 22 will return to the reports of standing 23 committees for the report of the Finance 24 Committee. 25 The Secretary will read. Candyco Transcription Service, Inc. (518) 371-8910 1808 1 THE SECRETARY: Senator O. 2 Johnson, from the Committee on Finance, 3 reports the following nominations. 4 As a member of the Board of 5 Trustees of the New York State Higher 6 Education Services Corporation, Eileen C. 7 Bagnoli, of Ballston lake.

8 ACTING PRESIDENT MARCELLINO: 9 Senator Skelos. 10 SENATOR SKELOS: Move the 11 nomination. 12 ACTING PRESIDENT MARCELLINO: The 13 question is on the nomination of Eileen C. 14 Bagnoli, of Ballston lake, for a term to 15 expire June 30, 2013, as a member of the Board 16 of Trustees of the New York State Higher 17 Education Services Corporation. All in favor 18 signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT MARCELLINO: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT MARCELLINO: The 24 nomination is approved. 25 Congratulations, Ms. Bagnoli. Candyco Transcription Service, Inc. (518) 371-8910 1809 1 (Applause.) 2 ACTING PRESIDENT MARCELLINO: The 3 Secretary will read. 4 THE SECRETARY: As members of the 5 Board of Trustees of the State University of 6 New York College of Environmental Science and 7 Forestry, Thomas C. Buckel, Jr., of Syracuse; 8 Vita DeMarchi, of Manlius; and Matthew J. 9 Marko, of Syracuse. 10 ACTING PRESIDENT MARCELLINO: The

11 question is on the nominations. All in favor 12 signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT MARCELLINO: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT MARCELLINO: The 18 nominations are approved. 19 Senator Skelos. 20 SENATOR SKELOS: Mr. President, 21 if we could take up the report of the 22 Judiciary Committee. 23 ACTING PRESIDENT MARCELLINO: The 24 Secretary will read the report of the 25 Judiciary Committee. Candyco Transcription Service, Inc. (518) 371-8910 1810 1 THE SECRETARY: Senator 2 DeFrancisco, from the Committee on Judiciary, 3 reports the following nominations. 4 As a judge of the Erie County 5 Family Court, Lisa Bloch Rodwin, of Amherst. 6 ACTING PRESIDENT MARCELLINO: 7 Senator DeFrancisco. 8 SENATOR DeFRANCISCO: Yes, I'm 9 proud to rise to move the nominations of the 10 six judges who are here with us today. Their 11 qualifications have been thoroughly reviewed, 12 they all appeared before the Judiciary 13 Committee today, and they were unanimously

14 approved to bring to the full Senate for 15 confirmation. 16 Specifically, I'd like to move the 17 nomination of Lisa Bloch Rodwin, who by the 18 way is a special -- this is a special process, 19 because someone from India on the Internet -20 her son -- is watching this right now, we 21 hope, so that he can enjoy the great honor 22 that's being bestowed on her. 23 So I move her nomination, and I 24 would request that Senator Rath second that 25 nomination, that she be recognized. Candyco Transcription Service, Inc. (518) 371-8910 1811 1 ACTING PRESIDENT MARCELLINO: 2 Senator Rath, for purposes of seconding the 3 nomination. 4 SENATOR RATH: Thank you, 5 Chairman DeFrancisco. 6 And I rise with great honor to be 7 able to second the nomination of Lisa Bloch 8 Rodwin for the Family Court position that 9 she's been nominated for. And I congratulate 10 the Governor and his advisors on their wisdom 11 in choosing Lisa Bloch Rodwin. 12 You have seen her resume, I'm sure. 13 Let me point out a couple of pieces that you 14 might not have noted. Lisa created the first 15 unit outside of metropolitan New York for the 16 prosecution of family violence.

17 As an advocate and as a supporter 18 and -- I'm kind of at a loss for words, 19 because how do you speak of one who's spent 20 their whole careers working with families and 21 working against domestic violence issues, to 22 the point of getting in there between the 23 agencies, the social service agencies and the 24 judges and the police organizations to say, 25 Wait a minute, something is wrong -- this was Candyco Transcription Service, Inc. (518) 371-8910 1812 1 15 years ago -- and making sure that people 2 got the kind of training, the education they 3 needed so they could work in the domestic 4 violence cases and bring those cases to a 5 happy conclusion as best they could. 6 Her work is so renowned and so 7 noted that she has appeared on the Oprah Show 8 and appeared with Diane Sawyer, because she is 9 considered one of the absolute national 10 experts in this area. We have a gem of a 11 person with us today. 12 And I'm so honored to be able to be 13 here to second her nomination and look forward 14 to whatever kind of limited work we here in 15 the Legislature do with judges, but also to 16 thank Judge Rodwin for your work with the 17 Legislature in helping us form much of the 18 legislation that's come through here the last 19 10 to 15 years that had so enhanced the world

20 of making domestic violence a thing of past. 21 Because the tools are there for the people 22 that work in the area because folks like you 23 have rolled your sleeves up and done the hard 24 work in the last 15 years. 25 So congratulations, Judge. We're Candyco Transcription Service, Inc. (518) 371-8910 1813 1 all very happy for you. 2 ACTING PRESIDENT MARCELLINO: 3 Senator Stachowski. 4 SENATOR STACHOWSKI: Yes, 5 Mr. President, I too would like to rise to 6 second the nomination of Lisa Bloch Rodwin. 7 She'll make a marvelous Family 8 Court judge. As Senator Rath pointed out, her 9 background in putting together the family 10 violence unit of the Erie County District 11 Attorney's office -- and I know she worked 12 with closely with the people that put together 13 the Family Justice Center in Buffalo, which is 14 a one-stop facility for possible victims of 15 this kind of crime. 16 And her work, as Mary Lou pointed 17 out, is world-renowned, and she's been a TV 18 celebrity of sorts on all those various talk 19 shows and news outlets. And she's just a very 20 hard worker and very dedicated to this area 21 and a perfect, perfect fit for the Family 22 Court.

23 And besides all of that, she's a 24 wonderful person and I'd like to say a friend. 25 And I'm very happy to have this opportunity to Candyco Transcription Service, Inc. (518) 371-8910 1814 1 second the nomination. 2 And congratulations to her and 3 Senator Paterson on her choice -- Governor 4 Paterson, excuse me. 5 ACTING PRESIDENT MARCELLINO: 6 Thank you, Senator. 7 Senator Maziarz. 8 SENATOR MAZIARZ: Thank you very 9 much, Mr. President. 10 I too rise to second the nomination 11 of Lisa Bloch Rodwin, of Amherst, as a judge 12 of the Erie County Family Court. 13 You know, I can't add to what 14 Senator Rath and Senator Stachowski said about 15 Lisa's expertise in the area of domestic 16 violence. She's actually saved lives of many 17 people who were being abused by their spouses 18 and, in turn, saved their children from that 19 horrific lifestyle and has been nationally 20 noted for it. 21 Lisa, this is great for you, your 22 family that's here today, your son, who 23 hopefully is watching in India. 24 There is only one piece of bad 25 news, Lisa. I have to tell you that despite

Candyco Transcription Service, Inc. (518) 371-8910 1815 1 what you think, the party today is actually 2 going on without you back in the DA's office. 3 You thought it was postponed, but apparently 4 Frank Clark decided otherwise. 5 So congratulations to you. This is 6 a great step. I hope and I'm absolutely 7 certain that the voters of Erie County this 8 November are going to see all those great 9 qualities and that you are going elected to a 10 full term as Family Court judge. You've 11 earned it, you deserve it, and if I lived in 12 Erie County, I'd vote for you. 13 Thank you. 14 ACTING PRESIDENT MARCELLINO: 15 Thank you, Senator. 16 Senator Volker. 17 SENATOR VOLKER: Mr. President, 18 very quickly. 19 First I want to say that as I said 20 in the Judiciary Committee, that you really 21 have to commend Governor Paterson. This is 22 one of the best -- in my opinion, one of the 23 best groups of judges today that we've had in 24 my memory in the Judiciary Committee. And it 25 continues a tradition of excellent judges, I Candyco Transcription Service, Inc. (518) 371-8910 1816 1 think, going back a long way.

2 Lisa Bloch Rodwin, the only problem 3 is that she's going to be missed very, very 4 much in the district attorney's office. She's 5 been a stalwart in that office for many, many 6 years. 7 In fact, one of the interesting 8 things is we had a discussion about the fact 9 that we have three or four people here who 10 were so involved in the local district 11 attorney's office, including John Cerio, who 12 is going to become a Court of Claims judge. 13 But I think it does show that we have some 14 extremely strong district attorney's offices 15 in this state. 16 And certainly Lisa is a wonderful, 17 shall I say, graduate of that and has a great 18 reputation and I'm sure will make the Family 19 Court in Buffalo even stronger. 20 I said earlier, and I just will 21 finish, that my father would be proud. My 22 father actually did the legislation to create 23 the Family Court many, many years ago when he 24 was chairman of Codes in the Assembly. And I 25 have no doubt that he would be proud to see Candyco Transcription Service, Inc. (518) 371-8910 1817 1 Lisa Bloch Rodwin being made a judge of the 2 Family Court. 3 ACTING PRESIDENT MARCELLINO: All 4 in favor of the nomination of Lisa Bloch

5 Rodwin, of Amherst, as a judge of the Erie 6 County Family Court signify by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT MARCELLINO: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT MARCELLINO: The 12 nominee is approved. 13 Congratulations, Judge Rodwin. 14 (Applause.) 15 ACTING PRESIDENT MARCELLINO: 16 Judge Rodwin is accompanied by her husband, 17 Michael Rickert, and her parents, Larry and 18 Steffi Bloch. 19 Congratulations once again, and 20 safe home. 21 The Secretary will read. 22 THE SECRETARY: As a judge of the 23 Court of Claims, Honorable Gina M. Lopez 24 Summa, of Syosset. 25 ACTING PRESIDENT MARCELLINO: Candyco Transcription Service, Inc. (518) 371-8910 1818 1 Senator DeFrancisco. 2 SENATOR DeFRANCISCO: I move the 3 nomination of Gina Lopez Summa for a 4 reappointment to the Court of Claims. 5 And I would call on Senator Maltese 6 or ask you to call on Senator Maltese for a 7 second.

8 ACTING PRESIDENT MARCELLINO: 9 Thank you, Senator DeFrancisco. 10 As the soon-to-be judge resides in 11 the community in which I live in, it's my 12 pleasure to pass the seconding on to Senator 13 Maltese. 14 SENATOR MALTESE: Mr. President, 15 I'm very pleased to rise to second to this 16 nomination. 17 We heard from Judge Summa earlier 18 today in the Judiciary Committee, where she 19 was approved unanimously, just as she was in 20 her prior appearance. 21 This reappointment is certainly a 22 meritorious one. Her record in being a 23 speaker throughout the state, throughout many 24 states in the union in different areas of 25 expertise -- human rights, civil rights, Candyco Transcription Service, Inc. (518) 371-8910 1819 1 ethical challenges, employment 2 discrimination -- is a notable one. 3 Her magna cum laude graduation from 4 St. John's College, her illustrious career in 5 Brooklyn Law School has well fitted her for 6 this post, as her prior experience as a legal 7 counsel, a legal clerk to the distinguished 8 Civil Court, now Supreme Court Justice Gus 9 Reichbach, and certainly her clerkship with 10 Supreme Court Justice Steinhardt.

11 She is in the enviable position of 12 working with human rights, civil rights and 13 has, as I mentioned before, an illustrious 14 career. Certainly her seven years with the 15 State Division of Human Rights well-fitted her 16 and prepared her for her 16 months as judge. 17 Her 16 months as a judge of the Court of 18 Claims has been an illustrious career. She is 19 notable because of her approval by the bench 20 and bar. 21 And I do not think it amiss to say 22 that we all share the parental pride of her 23 dad, her family that is here with us today. 24 Mr. President, I am very pleased 25 and proud to second the nomination of Gina Candyco Transcription Service, Inc. (518) 371-8910 1820 1 Lopez Summa as a judge of the Court of Claims. 2 ACTING PRESIDENT MARCELLINO: 3 Thank you, Senator Maltese. 4 The question is on the nomination 5 of Honorable Gina M. Lopez Summa, of Syosset, 6 to be reappointed as a judge of the Court of 7 Claims. All in favor of the reappointment 8 signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT MARCELLINO: All 11 opposed, nay. 12 (No response.) 13 ACTING PRESIDENT MARCELLINO: The

14 nominee is reappointed. 15 Congratulations, Judge Summa. 16 (Applause.) 17 ACTING PRESIDENT MARCELLINO: 18 Judge Summa is accompanied by her husband, 19 Keith. And her father will be known to most 20 of us as Assemblyman Vito Lopez. 21 Congratulations, safe home. Do a 22 great job. Thank you. 23 The Secretary will read. 24 THE SECRETARY: As a judge of the 25 Court of Claims, Honorable Melvin L. Candyco Transcription Service, Inc. (518) 371-8910 1821 1 Schweitzer, of New York City. 2 ACTING PRESIDENT MARCELLINO: 3 Senator DeFrancisco. 4 SENATOR DeFRANCISCO: I move the 5 nomination for the reappointment of Melvin L. 6 Schweitzer to the Court of Claims, and I would 7 request that you please recognize Senator 8 Liz Krueger for a second. 9 ACTING PRESIDENT MARCELLINO: The 10 chair recognizes Senator Liz Krueger, for a 11 second. 12 SENATOR L. KRUEGER: Thank you, 13 Mr. Chair. 14 I rise to second the nomination of 15 Judge Schweitzer for a reappointment to the 16 Court of Claims. I'm very proud to have him

17 as a constituent in my district and a member 18 of the bench, and want to thank him for 19 continuing to serve on the bench of the Court 20 of Claims. 21 Thank you. 22 ACTING PRESIDENT MARCELLINO: 23 Senator Smith. 24 SENATOR SMITH: Thank you very 25 much, Mr. President. Candyco Transcription Service, Inc. (518) 371-8910 1822 1 I also rise -- Judge, you want to 2 rule on this right now? But I also rise to 3 second the nomination of Judge Schweitzer. 4 And I think it's important to note the 5 Governor's ability to nominate someone with 6 such a great background. 7 There's a few things I do want to 8 acknowledge about Judge Schweitzer. He was a 9 counsel on revenue financing for airports, 10 colleges, universities, including SUNY 11 University and Columbia. He was also on the 12 board of commissioners of the Port Authority, 13 where he was a member of the Finance and 14 Operations Committee. He also served on the 15 transition team for the comptroller of the 16 City of New York, '73 and '89. And he also 17 acted as bond counsel and underwriter for the 18 Council of the City of New York for more than 19 20 years.

20 Now, Judge, given the financial 21 condition of the State of New York right now, 22 perhaps you shouldn't be a judge, you should 23 be part of our financial team. 24 But I will say two of the brighter 25 moments in Judge Schweitzer's career are two Candyco Transcription Service, Inc. (518) 371-8910 1823 1 things that are obviously near and dear to me. 2 One, he is a graduate of Fordham Law School, 3 which obviously, while many of you lawyers in 4 here graduated from other law schools -- Serph 5 Maltese -- Fordham is one of the premier ones 6 there is. 7 And then, most importantly, we 8 shared some time also when Geraldine Ferraro 9 ran for vice president, and he was counsel 10 then. 11 So I will say he not only has a 12 distinguished career as an attorney, but 13 clearly his background and his personal 14 commitment to doing what is right is what's 15 going to be in the forefront of him becoming a 16 judge of the Court of Claims. 17 And I would say to the Governor, 18 you could have not picked a better person of 19 integrity, intellect, also rather 20 good-looking. And it's my pleasure to second 21 the nomination of Judge Melvin L. Schweitzer. 22 Judge, congratulations to you.

23 ACTING PRESIDENT MARCELLINO: 24 Thank you, Senator Smith. 25 The question is on the Candyco Transcription Service, Inc. (518) 371-8910 1824 1 reappointment of Honorable Melvin L. 2 Schweitzer, of New York City, as a judge of 3 the Court of Claims. All in favor signify by 4 saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT MARCELLINO: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT MARCELLINO: 10 Judge Schweitzer is reappointed to the Court 11 of Claims. 12 Congratulations, Judge. 13 (Applause.) 14 ACTING PRESIDENT MARCELLINO: 15 Judge Schweitzer is accompanied by Ronni 16 Rubin-Bolger. 17 Congratulations. Do a great job, 18 Judge. 19 The Secretary will read. 20 THE SECRETARY: As a judge of the 21 Court of Claims, Honorable Fernando M. 22 Camacho, of Bayside. 23 ACTING PRESIDENT MARCELLINO: 24 Senator DeFrancisco. 25 SENATOR DeFRANCISCO: I rise to

Candyco Transcription Service, Inc. (518) 371-8910 1825 1 move the nomination of Honorable Fernando M. 2 Camacho to the Court of Claims. 3 Before I pass it on for a second, I 4 just want to mention what most of you did not 5 see, our process in the Judiciary Committee. 6 And those that were there can tell you and 7 confirm what I'm saying, it was one of the 8 most impressive discussions of his background 9 and the speech given by him explaining how 10 important and how happy he is and proud he is 11 to get this nomination and clearly to get the 12 approval of this body. 13 Soon-to-be Judge Camacho came from 14 Cuba. His family left everything behind, came 15 to this country with nothing, absolutely 16 nothing. And he is now, through his hard work 17 and the incredible work of his parents to help 18 him get through college and law school, and 19 him progressing through that profession over 20 these years, he is now so proud to be an 21 American who came from another country who is 22 now going to become a judge of that country. 23 Nowhere but the United States of America can 24 anything like this happen. 25 There's no way I could have Candyco Transcription Service, Inc. (518) 371-8910 1826 1 possibly paraphrased what he said, but that

2 was the gist of it. It was an emotional, 3 incredible moment for me as chairman of the 4 Judiciary. And I'm very proud to move his 5 nomination. 6 And I would ask that you call on 7 Senator Padavan for a second, please. 8 ACTING PRESIDENT MARCELLINO: For 9 purposes of a second, Senator Padavan. 10 SENATOR PADAVAN: Thank you, 11 Mr. President. It's my honor to second the 12 nomination of Judge Camacho. 13 When you look at his resume, it's 14 quite impressive. He was educated at Columbia 15 University, got his law degree at Fordham, 16 started off as an assistant DA in the trial 17 division, senior trial counsel in the homicide 18 investigations unit, practiced law in the 19 private sector, became a criminal court judge, 20 both in Kings County and Queens, presiding 21 judge, Queens County office, in that regard, 22 and then presiding judge in the Queens County 23 Domestic Violence Court. 24 And one area that I'm particularly 25 pleased to note, he was deputy supervising Candyco Transcription Service, Inc. (518) 371-8910 1827 1 judge in the Queens County Criminal Court, and 2 one of the areas he labored in was developing 3 a model for problem-solving for teenage 4 victims of sex trafficking.

5 And all of you will recall last 6 year we took a major leap forward in terms of 7 passing human traffic trafficking legislation 8 in this state. And the judge obviously brings 9 a great deal of knowledge. And I pity anyone 10 who comes before his court in the future under 11 the provisions of law that we put in place 12 last year. 13 But more than his resume are the 14 things that you heard from Senator 15 DeFrancisco. He is a jurist who understands 16 full well the opportunity that this country 17 gave him and his family in terms of an 18 education and opportunity and this type of 19 ascension to a high court in the state where 20 all of those attributes that he has 21 accumulated and represents will be put to good 22 use. 23 And the state will be better for 24 it, and those who appear in his court will be 25 better for it. And he's just simply an Candyco Transcription Service, Inc. (518) 371-8910 1828 1 outstanding individual, and I'm delighted that 2 he's from Bayside, Queens. 3 And he's here with his entire 4 family: his wife, Andrea; his children, 5 Kevin, Kerry, James and Kaitlin; his mother, 6 Alicia; his brother, Carlos; his sister and 7 brother-in-law Patricia and Chris Eysses; and

8 another brother-in-law and sister, Alicia and 9 Frank Vasile, and their children Elizabeth and 10 Ben. 11 Is there anybody we left out, 12 Judge? Nobody? You've got most of Bayside 13 here. 14 Congratulations. 15 ACTING PRESIDENT MARCELLINO: 16 Thank you, Senator. 17 Senator Maltese. 18 SENATOR MALTESE: Mr. President, 19 I rise to join my good colleagues Senator 20 Padavan and Senator DeFrancisco and my 21 colleague from Bayside, Queens, Senator Toby 22 Stavisky. 23 The reason I rise is I was present 24 in Judiciary today, and I join my colleague 25 Frank Padavan in commending Judge Camacho. Candyco Transcription Service, Inc. (518) 371-8910 1829 1 His words -- sometimes in Judiciary or in the 2 session, some of us become inured or jaded 3 from especially hearing over and over again 4 many of the same comments from prospective 5 nominees for various posts and jurists. 6 It's so pleasant and commendable 7 that Judge Camacho really shared a time in his 8 life and what it meant to him to come to this 9 great country and what the opportunities of 10 this great country were that enabled him to

11 ascend first to the bench and now to the Court 12 of Claims. 13 The fact that he had his family 14 with him, the fact that it was a young family 15 and they obviously were enjoying to a great 16 degree his ascending to the judgeship made it 17 so pleasant and an occasion that all of us 18 will remember. 19 So I'm pleased to join my 20 colleagues and commend Governor Paterson. Not 21 only Judge Camacho but certainly Judge Summa 22 and Judge Schweitzer and others, these 23 nominees from today were a group of nominees 24 that will be a credit to the bench and bar. 25 I'm proud to second this nominee. Candyco Transcription Service, Inc. (518) 371-8910 1830 1 ACTING PRESIDENT MARCELLINO: The 2 question is on the appointment of the 3 Honorable Fernando M. Camacho, of Bayside, as 4 a judge of the Court of Claims. All in favor 5 signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT MARCELLINO: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT MARCELLINO: The 11 judge is confirmed and appointed. 12 Congratulations, Judge Camacho. 13 (Applause.)

14 ACTING PRESIDENT MARCELLINO: 15 Judge Camacho is accompanied by his wife, 16 Andrea; children, Kevin, Kerry, James and 17 Kaitlin; mother, Alicia; brother, Carlos; 18 sister and brother-in-law Patricia and Chris 19 Eysses; sister and brother-in-law Alicia and 20 Frank Vasile -- see you in church, Frank -21 and children Elizabeth and Ben. 22 Congratulations, Judge. Be well. 23 The Secretary will read. 24 THE SECRETARY: As a judge of the 25 Court of Claims, Donald F. Cerio, of Candyco Transcription Service, Inc. (518) 371-8910 1831 1 Canastota. 2 ACTING PRESIDENT MARCELLINO: 3 Senator DeFrancisco. 4 SENATOR DeFRANCISCO: I move the 5 nomination of Donald F. Cerio, of Canastota, 6 for a judgeship in the Court of Claims. 7 In moving this nomination, I'll 8 just mention that in the Judiciary Committee 9 this morning there was some friendly bantering 10 about who was from the best district 11 attorney's office. 12 And I don't know how to judge other 13 district attorney's offices, but I'm right 14 next door to the Madison County District 15 Attorney office. And I know from experience 16 and I also know from fellow attorneys that

17 that is a great district attorney's office, 18 and it was a great credit to the County of 19 Madison to have Mr. Cerio as the district 20 attorney of that county. 21 And I'm confident, based upon that 22 record in Madison County, that he's going to 23 follow it up with a truly outstanding record 24 as a judge of the Court of Claims. 25 And I would request that you Candyco Transcription Service, Inc. (518) 371-8910 1832 1 recognize Senator Valesky for a second. 2 ACTING PRESIDENT MARCELLINO: 3 Senator Valesky, for purposes of a second. 4 SENATOR VALESKY: Thank you, 5 Mr. President. 6 I'm pleased to be able to rise to 7 second the nomination of Don Cerio as a judge 8 of the Court of Claims. And I can assure 9 Senator DeFrancisco that the Madison County 10 District Attorney's office is certainly the 11 best in the state. 12 A little bit of background about 13 Judge Cerio. He was first elected as district 14 attorney in Madison County in 1989. He has 15 subsequently been reelected in 1993, 1997, 16 2001, and 2005, after having served as 17 assistant district attorney. So his public 18 service is certainly commendable. 19 He also finds time and has found

20 time over the last several years to teach his 21 profession to the next class of attorneys in 22 this state. He's been an adjunct professor of 23 law at Syracuse University's College of Law 24 since 2001. 25 He is a proud graduate of the State Candyco Transcription Service, Inc. (518) 371-8910 1833 1 University of New York system, having attended 2 Buffalo College of Law and undergraduate 3 school at Brockport. 4 But I think most importantly, 5 Mr. President, are the things that he does 6 outside of his legal profession. He is 7 without a doubt a quintessential family man. 8 He is here today with his wife, Renee, and 9 their five children. And he somehow finds 10 time to do things like coach Pop Warner and 11 coach Little League and be involved in the 12 community with St. Agatha's Church in 13 Canastota, the Knights of Columbus, the Lions 14 Club, and so many more organizations. 15 He has taken it upon himself to be 16 personally involved with a number of domestic 17 violence and child abuse task forces. 18 He is someone who is worthy of our 19 support. I want to thank Governor Paterson 20 for this nomination. 21 And again, congratulations, 22 Judge Cerio.

23 ACTING PRESIDENT MARCELLINO: 24 Thank you, Senator. 25 The question is on the appointment Candyco Transcription Service, Inc. (518) 371-8910 1834 1 of Donald F. Cerio, of Canastota, as judge of 2 the Court of Claims. 3 All in favor signify by saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT MARCELLINO: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT MARCELLINO: The 9 ayes have it. 10 Judge Cerio, congratulations. 11 (Applause.) 12 ACTING PRESIDENT MARCELLINO: 13 Judge Cerio is accompanied today by his wife, 14 Renee; children, Louis, Annalyse, Allison, 15 Christian, and Francis; parents, Mr. and 16 Mrs. Donald F. Cerio, Sr.; sister Joann 17 Mezzoprete and her children, Lauren and 18 Nicholas; sister Marian Cerio; and colleagues 19 Susan Niles and Melissa Stearns. 20 You brought everybody. Thank you. 21 Congratulations and good luck. 22 (Applause.) 23 ACTING PRESIDENT MARCELLINO: The 24 Secretary will read. 25 THE SECRETARY: As a judge of the

Candyco Transcription Service, Inc. (518) 371-8910 1835 1 Court of Claims, James M. Kindler, of Dobbs 2 Ferry. 3 ACTING PRESIDENT MARCELLINO: 4 Senator DeFrancisco. 5 SENATOR DeFRANCISCO: I rise to 6 move the nomination of James M. Kindler, of 7 Dobbs Ferry, as a justice of the Court of 8 Claims. 9 And before I turn the proceedings 10 over for a second, I just wanted to mention 11 one last thing. 12 These were terrific nominations by 13 the Governor, very good nominations. You 14 could tell these individuals are all not only 15 experienced lawyers, and in some cases 16 experienced judges, but also hardworking and 17 really good people. That came out loud and 18 clear in the process this morning. 19 So I'm proud to move the last of 20 this group -- in order only -- for this honor 21 of being nominated to the Court of Claims. 22 And I'd request that you recognize Senator 23 Stewart-Cousins for a second. 24 ACTING PRESIDENT MARCELLINO: 25 Senator Stewart-Cousins, for the purposes of a Candyco Transcription Service, Inc. (518) 371-8910 1836 1 second.

2 SENATOR STEWART-COUSINS: Thank 3 you, Mr. President. 4 I think that certainly Senator 5 DeFrancisco and all of my colleagues before 6 have really talked about the great quality of 7 judges that came before us today. And 8 certainly, as Senator DeFrancisco says, this 9 next nominee, whose nomination I am certainly 10 proud to second, is certainly last but not 11 least. 12 A very, very impressive resume. He 13 was a graduate cum laude from Harvard and got 14 his law degree from the University of 15 Pennsylvania Law School. He served as a law 16 clerk to the Massachusetts Superior Court 17 before coming to New York, where he was 18 assistant DA from 1970 to '75, deputy chief of 19 the homicide bureau from '75 to '76, went on 20 to be the trial bureau chief, the frauds 21 bureau chief, the investigation division 22 chief, the executive assistant district 23 attorney, the first assistant district 24 attorney, then became the chief assistant 25 district attorney in the New York County Candyco Transcription Service, Inc. (518) 371-8910 1837 1 District Attorney's Office. 2 So there's 40 years of professional 3 services, forty years of practicing on behalf 4 of the people, certainly, in New York.

5 So we are very, very pleased and 6 proud to have a new judge in the Court of 7 Claims. And certainly I'm proud to second the 8 nomination. 9 ACTING PRESIDENT MARCELLINO: 10 Thank you, Senator. 11 Senator Schneiderman. 12 SENATOR SCHNEIDERMAN: Thank you, 13 Mr. President. 14 I also want to rise to say a word 15 about Jim Kindler. Senator Valesky provoked 16 me before -- and no offense intended towards 17 the Madison County District Attorney's Office, 18 but in my view, the greatest district 19 attorney's office possibly in the history of 20 the United States is the New York County 21 District Attorney's Office during the last 22 decades. 23 And Jim Kindler has been a 24 tremendous part of that. In cases as diverse 25 as People v. Smith, having to do with the rape Candyco Transcription Service, Inc. (518) 371-8910 1838 1 and murderer of a doctor, to the BCCI case, 2 pushing the boundaries, really, of what a 3 state prosecutor could do relating to 4 international banking, Jim and his office have 5 really been pioneers. 6 He has done great service to the 7 people of my county for a very long time, and

8 I think we should all be honored that he wants 9 to continue his service to the State of 10 New York as a judge. 11 Congratulations, sir, and the best 12 to you and to all the rest of our fine 13 nominees. 14 Thank you, Mr. President. 15 ACTING PRESIDENT MARCELLINO: 16 Thank you, Senator. 17 Senator Hassell-Thompson. 18 SENATOR HASSELL-THOMPSON: Yes, 19 thank you, Mr. President. 20 First I'd like to congratulate all 21 of the nominees today and say that again I too 22 echo that of my colleagues that we have a fine 23 set of judges that we interviewed today. 24 But I wanted to also add a word. I 25 was not in the chamber at the time that Lisa Candyco Transcription Service, Inc. (518) 371-8910 1839 1 Bloch Rodwin was brought forward. Even though 2 I don't live in Erie County, in reading her 3 resume in preparation for her nomination, I 4 read and was so pleased to see someone coming 5 to the Family Court that has more than just 6 law as their background. 7 She is someone who has an 8 extraordinary record of working with domestic 9 violence victims and with the whole issue of 10 issue of domestic violence. Her varied

11 community services make her more than fit to 12 do an extraordinary job on this court, on the 13 Family Court. 14 And not everybody is suited for the 15 Family Court, as we found sometimes to our 16 chagrin. But when you're talking about 17 families and how do you dispense justice to 18 ensure that the best happens for families, you 19 want to be sure that you're choosing someone 20 who really understands. 21 And I think that clearly from her 22 record we have made a nomination and a 23 recommendation of someone who I think will 24 serve very well. 25 So I want to congratulate her along Candyco Transcription Service, Inc. (518) 371-8910 1840 1 with all of our others today and let her know 2 that we are tremendously pleased with how she 3 has spent her life and career serving the 4 State of New York. 5 Thank you, Mr. President. 6 ACTING PRESIDENT MARCELLINO: 7 Thank you, Senator. 8 The question is on the appointment 9 of James M. Kindler, of Dobbs Ferry, as a 10 judge of the Court of Claims. All in favor 11 signify by saying aye. 12 (Response of "Aye.") 13 ACTING PRESIDENT MARCELLINO:

14 Opposed, nay. 15 (No response.) 16 ACTING PRESIDENT MARCELLINO: The 17 appointee is confirmed. 18 Congratulations, Judge Kindler. 19 (Applause.) 20 ACTING PRESIDENT MARCELLINO: The 21 judge is accompanied today by his wife, 22 Rosemary, daughters Ingrid and Sara, and 23 granddaughter Cassie Rose. 24 Congratulations, Judge. 25 Senator Skelos. Candyco Transcription Service, Inc. (518) 371-8910 1841 1 SENATOR SKELOS: Mr. President, 2 if we could go to the noncontroversial reading 3 of the calendar. 4 ACTING PRESIDENT MARCELLINO: The 5 Secretary will read. 6 THE SECRETARY: Calendar Number 7 341, by Senator Seward, Senate Print 5775A, an 8 act to amend the Vehicle and Traffic Law, in 9 relation to permitting holders. 10 ACTING PRESIDENT MARCELLINO: 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the 180th day. 14 ACTING PRESIDENT MARCELLINO: 15 Call the roll. 16 (The Secretary called the roll.)

17 THE SECRETARY: Ayes, 58. Nays, 18 1. Senator Duane recorded in the negative. 19 ACTING PRESIDENT MARCELLINO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 455, by Senator Seward, Senate Print 6709A, an 23 act authorizing the Commissioner of Education. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section. Candyco Transcription Service, Inc. (518) 371-8910 1842 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 695, by Senator Winner, Senate Print 7145, an 11 act to amend the Alcoholic Beverage Control 12 Law, in relation to the sale of cider by 13 wholesalers. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section, please. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MARCELLINO: 19 Call the roll.

20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes, 58. Nays, 22 1. Senator Duane recorded in the negative. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 1843 1 697, substituted earlier today by Member of 2 the Assembly Destito, Assembly Print Number 3 10377, an act authorizing the Office of 4 General Services. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 743, by Senator Flanagan, Senate Print 5590, 17 an act to amend the Executive Law, in relation 18 to requiring local disaster preparedness 19 plans. 20 ACTING PRESIDENT MARCELLINO: 21 Read the last section. 22 THE SECRETARY: Section 2. This

23 act shall take effect on the 180th day. 24 ACTING PRESIDENT MARCELLINO: 25 Call the roll. Candyco Transcription Service, Inc. (518) 371-8910 1844 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes, 59. 3 ACTING PRESIDENT MARCELLINO: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 813, by Senator C. Kruger, Senate Print 7437, 7 an act to amend the Executive Law, in relation 8 to the advisory council. 9 ACTING PRESIDENT MARCELLINO: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT MARCELLINO: 14 Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 ACTING PRESIDENT MARCELLINO: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 831, substituted earlier today by Member of 21 the Assembly Lancman, Assembly Print Number 22 7371, an act to amend the Civil Practice Law 23 and Rules, in relation to the application. 24 ACTING PRESIDENT MARCELLINO: 25 Read the last section, please.

Candyco Transcription Service, Inc. (518) 371-8910 1845 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT MARCELLINO: 4 Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 ACTING PRESIDENT MARCELLINO: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 843, substituted earlier today by Member of 11 the Assembly Schimminger, Assembly Print 12 Number 10362, an act to amend Chapter 367 of 13 the Laws of 1999, amending the Civil Practice 14 Law and Rules. 15 ACTING PRESIDENT MARCELLINO: 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 58. Nays, 23 1. Senator Duane recorded in the negative. 24 ACTING PRESIDENT MARCELLINO: The 25 bill is passed. Candyco Transcription Service, Inc. (518) 371-8910 1846 1 THE SECRETARY: Calendar Number

2 844, by Senator DeFrancisco, Senate Print 3 7318, an act to amend the Criminal Procedure 4 Law and others, in relation to restricting. 5 ACTING PRESIDENT MARCELLINO: 6 Read the last section. 7 THE SECRETARY: Section 7. This 8 act shall take effect on the 90th day. 9 ACTING PRESIDENT MARCELLINO: 10 Call the roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes, 59. 13 ACTING PRESIDENT MARCELLINO: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 847, by Senator Alesi, Senate Print 271, an 17 act to amend the Vehicle and Traffic Law, in 18 relation to exempting. 19 ACTING PRESIDENT MARCELLINO: 20 Read the last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the 180th day. 23 ACTING PRESIDENT MARCELLINO: 24 Call the roll. 25 (The Secretary called the roll.) Candyco Transcription Service, Inc. (518) 371-8910 1847 1 ACTING PRESIDENT MARCELLINO: 2 Senator Duane, I assume to explain your vote. 3 SENATOR DUANE: Thank you, 4 Mr. President.

5 I applaud the goals of this 6 legislation, and in concept it seems that it 7 would be fine. But as I read the legislation, 8 I was concerned that there would be no way to 9 make sure, at least as far as I know -- though 10 I don't have one of these cars. Although 11 sometimes when I'm here in Albany, I wish that 12 I did. But I don't -- that there's no 13 guarantee that the doors would be locked. 14 And I think one of the reasons that 15 this law exists is to make sure that, you 16 know, a child or someone couldn't get into the 17 car and drive it when, you know, obviously a 18 child shouldn't be doing that. 19 So I'm going to vote no and err on 20 the side of caution. And if that is the case, 21 with the hope that the wording of the bill 22 could be changed to make sure that this would 23 only apply when it was absolutely for certain 24 that the doors would be locked. 25 Thank you, Mr. President. I'll be Candyco Transcription Service, Inc. (518) 371-8910 1848 1 voting no. 2 ACTING PRESIDENT MARCELLINO: 3 Senator Duane will be recorded in the 4 negative. 5 Please announce the results. 6 THE SECRETARY: Ayes, 58. Nays, 7 1. Senator Duane recorded in the negative.

8 ACTING PRESIDENT MARCELLINO: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 880, by Senator Little, Senate Print 2793B, an 12 act to amend the Education Law, in relation to 13 continuing education. 14 ACTING PRESIDENT MARCELLINO: 15 Read the last section. 16 THE SECRETARY: Section 3. This 17 act shall take effect on the first of January 18 next succeeding. 19 ACTING PRESIDENT MARCELLINO: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. 23 ACTING PRESIDENT MARCELLINO: The 24 bill is passed. 25 THE SECRETARY: Calendar Number Candyco Transcription Service, Inc. (518) 371-8910 1849 1 881, by Senator LaValle, Senate Print 7381, an 2 act to amend the Education Law, in relation to 3 technical corrections. 4 ACTING PRESIDENT MARCELLINO: 5 Read the last section. 6 THE SECRETARY: Section 4. This 7 act shall take effect immediately. 8 ACTING PRESIDENT MARCELLINO: 9 Call the roll. 10 (The Secretary called the roll.)

11 THE SECRETARY: Ayes, 59. 12 ACTING PRESIDENT MARCELLINO: The 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 882, by Senator Seward, Senate Print 2085A, an 16 act to amend the Insurance Law, in relation to 17 revising. 18 ACTING PRESIDENT MARCELLINO: 19 Read the last section. 20 THE SECRETARY: Section 4. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MARCELLINO: 23 Call the roll. 24 (The Secretary called the roll.) 25 THE SECRETARY: Ayes, 59. Candyco Transcription Service, Inc. (518) 371-8910 1850 1 ACTING PRESIDENT MARCELLINO: The 2 bill is passed. 3 Senator Skelos, that completes the 4 calendar. 5 SENATOR SKELOS: Is there any 6 further business at the desk? 7 ACTING PRESIDENT MARCELLINO: The 8 desk is clear, sir. 9 SENATOR SKELOS: There being no 10 further business to come before the Senate, I 11 move we stand adjourned until Wednesday, 12 May 7th, at 11:00 a.m. 13 ACTING PRESIDENT MARCELLINO: On

14 motion, the Senate will stand adjourned until 15 Wednesday, May 7th, at 11:00 a.m. 16 (Whereupon, at 4:26 p.m., the 17 Senate adjourned.) 18 19 20 21 22 23 24 25 Candyco Transcription Service, Inc. (518) 371-8910