May 06, 2008

Top of Form 1
Date: 05/06/2008
Session: Regular
1773
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
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.

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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.)
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.

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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

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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.

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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.
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.
25 substitutions are ordered.

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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.")
22 Opposed, nay.
23 (No response.)
25 Resolution Calendar is adopted.

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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.
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

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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

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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."
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.

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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

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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.
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

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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

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1 inspirational day.
2 Thank you, Mr. Chairman.
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

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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

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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.
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

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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

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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.
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

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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

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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.
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

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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.

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

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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

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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.
7 Thank you Senator.
8 Seeing no other speakers, all in
9 favor of the resolution signify by saying aye.
12 Opposed, nay.
13 (No response.)
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.
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

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1 this time there's a resolution by Senator
2 Saland, Number 5632. May we have it read
3 title only, please.
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.
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

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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.

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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.
11 Opposed, nay.
12 (No response.)
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.
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

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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

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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

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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

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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."
22 Senator Fuschillo, on the resolution.
23 SENATOR FUSCHILLO: Mr.
24 President, thank you very much.
25 I am delighted to rise once

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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.

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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;

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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.

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1 Unfortunately, Senator, the resolution was
2 passed some time ago.
3 And Senator Morahan has requested,
4 requested rebuttal time.
5 (Laughter.)
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.

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1 God bless you, and good luck. And

2 thank you for being here with us today.
3 (Applause.)
5 Senator Skelos.
6 SENATOR SKELOS: Thank you,
7 Mr. President. In the future, please don't
8 recognize Senator Fuschillo.
9 (Laughter.)
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.
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.

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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.
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.
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.

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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.

9 Senator Skelos.
10 SENATOR SKELOS: Move the
11 nomination.
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.
21 Opposed, nay.
22 (No response.)
24 nomination is approved.
25 Congratulations, Ms. Bagnoli.

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1 (Applause.)
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.

11 question is on the nominations. All in favor
15 Opposed, nay.
16 (No response.)
18 nominations are approved.
19 Senator Skelos.
21 if we could take up the report of the
22 Judiciary Committee.
24 Secretary will read the report of the
25 Judiciary Committee.

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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.
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.

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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

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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

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1 all very happy for you.
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

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1 second the nomination.
2 And congratulations to her and
3 Senator Paterson on her choice -- Governor
4 Paterson, excuse me.
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

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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.
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

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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

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1 Lisa Bloch Rodwin being made a judge of the
2 Family Court.
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.
9 Opposed, nay.
10 (No response.)
12 nominee is approved.
13 Congratulations, Judge Rodwin.
14 (Applause.)
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.
22 THE SECRETARY: As a judge of the
23 Court of Claims, Honorable Gina M. Lopez
24 Summa, of Syosset.

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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.
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,

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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

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1 Lopez Summa as a judge of the Court of Claims.
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
11 opposed, nay.
12 (No response.)

14 nominee is reappointed.
15 Congratulations, Judge Summa.
16 (Applause.)
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.
25 Court of Claims, Honorable Melvin L.

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1 Schweitzer, of New York City.
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.
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.
23 Senator Smith.
24 SENATOR SMITH: Thank you very
25 much, Mr. President.

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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

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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.

24 Thank you, Senator Smith.
25 The question is on the

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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.
7 Opposed, nay.
8 (No response.)
10 Judge Schweitzer is reappointed to the Court
11 of Claims.
12 Congratulations, Judge.
13 (Applause.)
15 Judge Schweitzer is accompanied by Ronni
16 Rubin-Bolger.
17 Congratulations. Do a great job,
18 Judge.
21 Court of Claims, Honorable Fernando M.
22 Camacho, of Bayside.
25 SENATOR DeFRANCISCO: I rise to

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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

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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

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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

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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.
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.

(518) 371-8910
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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.

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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
8 Opposed, nay.
9 (No response.)
11 judge is confirmed and appointed.
12 Congratulations, Judge Camacho.
13 (Applause.)
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.
25 Court of Claims, Donald F. Cerio, of

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1 Canastota.
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

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1 recognize Senator Valesky for a second.
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

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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.
25 The question is on the appointment

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1 of Donald F. Cerio, of Canastota, as judge of
2 the Court of Claims.
3 All in favor signify by saying aye.
6 Opposed, nay.
7 (No response.)
9 ayes have it.
10 Judge Cerio, congratulations.
11 (Applause.)
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.)

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1 Court of Claims, James M. Kindler, of Dobbs
2 Ferry.
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.
25 Senator Stewart-Cousins, for the purposes of a

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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

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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.
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

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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.
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

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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

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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.
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

14 Opposed, nay.
15 (No response.)
17 appointee is confirmed.
18 Congratulations, Judge Kindler.
19 (Applause.)
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.

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2 if we could go to the noncontroversial reading
3 of the calendar.
7 341, by Senator Seward, Senate Print 5775A, an
8 act to amend the Vehicle and Traffic Law, in
9 relation to permitting holders.
11 Read the last section.
12 THE SECRETARY: Section 2. This
13 act shall take effect on the 180th day.
15 Call the roll.

17 THE SECRETARY: Ayes, 58. Nays,
18 1. Senator Duane recorded in the negative.
20 bill is passed.
23 act authorizing the Commissioner of Education.

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2 act shall take effect immediately.
4 Call the roll.
8 bill is passed.
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.
15 Read the last section, please.
19 Call the roll.

24 bill is passed.

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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.
10 Call the roll.
14 bill is passed.
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.

25 Call the roll.

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4 bill is passed.
6 813, by Senator C. Kruger, Senate Print 7437,
7 an act to amend the Executive Law, in relation
8 to the advisory council.
14 Call the roll.
18 bill is passed.
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.
25 Read the last section, please.

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4 Call the roll.
8 bill is passed.
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.
20 Call the roll.
25 bill is passed.

(518) 371-8910
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2 844, by Senator DeFrancisco, Senate Print
3 7318, an act to amend the Criminal Procedure
4 Law and others, in relation to restricting.
10 Call the roll.
14 bill is passed.
16 847, by Senator Alesi, Senate Print 271, an
17 act to amend the Vehicle and Traffic Law, in
18 relation to exempting.
24 Call the roll.

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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

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1 voting no.
3 Senator Duane will be recorded in the
4 negative.
5 Please announce the results.

9 bill is passed.
11 880, by Senator Little, Senate Print 2793B, an
12 act to amend the Education Law, in relation to
13 continuing education.
17 act shall take effect on the first of January
18 next succeeding.
20 Call the roll.
24 bill is passed.

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1 881, by Senator LaValle, Senate Print 7381, an
2 act to amend the Education Law, in relation to
3 technical corrections.
9 Call the roll.

13 bill is passed.
16 act to amend the Insurance Law, in relation to
17 revising.
23 Call the roll.

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2 bill is passed.
3 Senator Skelos, that completes the
4 calendar.
5 SENATOR SKELOS: Is there any
6 further business at the desk?
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.)
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21
22
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Top of Form 1

1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

18 SENATOR CARL L. MARCELLINO, Acting President

19 STEVEN M. BOGGESS, Secretary

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2 ACTING PRESIDENT MARCELLINO: The

3 Senate will come to order.

4 Please rise and recite with me the

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

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.

1 May the reward of doing right and being right

2 be greater compensation in their eyes than

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

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

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1 they are not the most popular ways.

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

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