Jan 29,2008

Top of Form 1
Date: 01/29/2008
Session: Regular
200
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 January 29, 2008
11 11:10 a.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR DAVID A. PATERSON, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 Would you please all rise and join
5 with me in reciting the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
8 THE PRESIDENT: In the absence of
9 clergy, we will bow our heads in silence for a
10 moment.
11 (Whereupon, the assemblage
12 respected a moment of silence.)
13 THE PRESIDENT: The reading of
14 the Journal.
15 THE SECRETARY: In Senate,
16 Monday, January 28, the Senate met pursuant to
17 adjournment. The Journal of Saturday,
18 January 26, was read and approved. On motion,
19 Senate adjourned.
20 THE PRESIDENT: Without
21 objection, the Journal stands approved as
22 read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 Messages from the Governor.

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1 Reports of standing committees.
2 Senator Skelos.
3 SENATOR SKELOS: Mr. President,
4 if we could take up the nominations at this
5 time.
6 THE PRESIDENT: The Secretary
7 will read.
8 THE SECRETARY: Senator O.
9 Johnson, from the Committee on Finance,
10 reports the following nominations.
11 As a member of the Board of
12 Trustees of the State University of New York,
13 Linda S. Sanford, of Chappaqua.
14 SENATOR SKELOS: Move the
15 nomination, please.
16 THE PRESIDENT: On the nomination
17 of Linda S. Sanford as a member of the Board
18 of Trustees of the State University of
19 New York, all those in favor please indicate
20 so by saying aye.
21 (Response of "Aye.")
22 THE PRESIDENT: Opposed, nay.
23 (No response.)
24 THE PRESIDENT: The nomination is
25 confirmed.

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1 Linda S. Sanford, of Chappaqua,
2 New York, joins us. She's in the east
3 gallery. We want to congratulate her on this
4 appointment and wish her all the best in her
5 service to the State University of New York
6 and to all the citizens of the State of
7 New York.
8 Linda, thank you very much. And on
9 behalf of the Senate, we extend to you all of
10 our best wishes.
11 (Applause.)
13 will read.
14 THE SECRETARY: As a member of
15 the Board of Trustees of the City University
16 of New York, Charles A. Shorter, of New York
17 City.
18 THE PRESIDENT: Senator Skelos.
20 nomination.
21 THE PRESIDENT: On the nomination
22 of Charles A. Shorter, of New York City, who
23 will be seeking appointment to the City
24 University of New York as a member of the
25 Board of Trustees, all those in favor please

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1 indicate so by saying aye.

4 (No response.)
5 THE PRESIDENT: Senator Stavisky.
6 SENATOR STAVISKY: To explain my
7 vote.
8 THE PRESIDENT: Senator Stavisky,
9 on the nomination.
10 SENATOR STAVISKY: I just want to
11 commend the Governor on two outstanding
12 appointments, Linda Sanford and Charles
13 Shorter.
14 They bring a new dimension to their
15 service on the CUNY and SUNY boards. They are
16 both experienced people in the business
17 community, and I look forward to a productive
18 and lengthy tenure on their part.
19 Thank you, Mr. President.
20 THE PRESIDENT: On the
21 nomination, all those in favor please
22 indicates so by saying aye.
25 (No response.)

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1 THE PRESIDENT: Charles A.
2 Shorter, who is an outstanding citizen and
3 community leader from New York City, you are
4 hereby appointed to the Board of Trustees of
5 the City University of New York.
6 We extend to you our best wishes on

7 behalf of Senator Stavisky and all those other
8 members of the Senate who may not have spoken
9 but certainly are pleased at the Governor's
10 appointment. We wish you well and hope that
11 you will succeed in your service to the
12 residents of the State of New York.
13 Congratulations.
14 (Applause.)
16 will read the rest of the nominations.
17 THE SECRETARY: As a member of
18 the Niagara Frontier Transportation Authority,
19 Adam W. Perry, of Buffalo.
20 As a member of the
21 Rochester-Genesee Regional Transportation
22 Authority, Paul J. Battaglia, of Batavia.
23 As a member of the State Public
24 Transportation Safety Board, David Berke, of
25 New York City.

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1 As a member of the Industrial Board
2 of Appeals, Mark G. Pearce, of Buffalo.
3 As director of the New York State
4 Urban Development Corporation, Derrick D.
5 Cephas, of New York City.
6 As a member of the Central New York
7 State Park, Recreation and Historic
8 Preservation Commission, Daniel J. Trevisani,
9 of Utica.
10 As a member of the Finger Lakes
11 State Park, Recreation and Historic
12 Preservation Commission, Robert H. Scharf, of
13 Dundee.
14 And as members of the Board of
15 Visitors of the Central New York Developmental
16 Disabilities Services Office, Margaret W.
17 Abbott, of Lyons Falls, and James R. Iles, of
18 Clay.
19 THE PRESIDENT: Senator Skelos.
21 nominations, please.
23 nominations, all those in favor please
24 indicate by saying aye.

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2 (No response.)
3 THE PRESIDENT: Senator Thompson
4 would like to speak on the nominations.
5 SENATOR THOMPSON: Yes,
6 Mr. President, I just wanted to say a few good
7 words on behalf of two appointments.
8 One is Adam Perry, who's an
9 attorney with Hodgson Russ who's been
10 appointed to the Niagara Frontier
11 Transportation Authority by the Governor. And
12 we thank the Governor for this very good

13 appointment. Adam is a community-minded
14 person, he's an accomplished attorney. I
15 think he's going to be a tremendous asset to
16 the NFTA.
17 The other is Mark Pearce, who's
18 also a very progressive attorney, very
19 accomplished, a partner in his own firm out of
20 Buffalo as well.
21 These two are two highly
22 credentialed individuals who will be giving in
23 a voluntary capacity to the betterment of
24 New York State, and I want to thank Governor
25 Spitzer and yourself for these two great

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1 appointments.
2 Thank you.
3 THE PRESIDENT: Thank you,
4 Senator Thompson.
5 Senator Hassell-Thompson.
6 SENATOR HASSELL-THOMPSON: Thank
7 you, Mr. President.
8 I rise to also commend the Governor
9 on these appointments. But very specifically,
10 I'd like to bring attention to the appointment
11 of Derrick D. Cephas to the director of the
12 New York State Urban Development Corp.
13 I have followed Mr. Cephas's career
14 for many years, had the opportunity to work
15 with him as the Superintendent of Banks. And

16 certainly I know that he will bring a
17 tremendous perspective to the Urban
18 Development Corp. as we go forward to develop
19 the State of New York. And I want to just be
20 sure that I add my congratulations to him and
21 to the Governor on these appointments.
24 nominations, all those in favor indicate so by
25 saying aye.

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3 (No response.)
4 THE PRESIDENT: The nominations
5 are confirmed.
6 Returning to the order of business,
7 reports of select committees.
8 Communications and reports from
9 state officers.
10 Motions and resolutions.
11 Senator Skelos.
13 if we could adopt the Resolution Calendar,
14 with the exception of Resolution 4122.
15 THE PRESIDENT: All those in
16 favor of adopting the Resolution Calendar,
17 with exception, please indicate by saying aye.
20 (No response.)
21 THE PRESIDENT: Without
22 objection, the Resolution Calendar is adopted
23 with the exception of Resolution 4122.
25 if we could at this time take up Resolution

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1 4122, by Senator Thompson, have the title
2 read, move it for immediate adoption, and also
3 open it up for cosponsorship.
5 will read.
6 THE SECRETARY: By Senator
7 Thompson, Legislative Resolution Number 4122,
8 recognizing the month of February 2008 as
9 Black History Month in the State of New York.
10 THE PRESIDENT: Senator Thompson.
11 SENATOR THOMPSON: Thank you,
12 sir.
13 First let me say that it's with
14 great privilege and honor that I stand today
15 in cosponsorship of this very important
16 resolution. As many of you are fully aware,
17 Saturday kicks off Black History Month and
18 also African-American History Month as well.
19 And for me, it's always a pleasure
20 to be able to sponsor these resolutions. I
21 used to do this as well when I was on the City

22 Council in Buffalo. Largely because through a
23 blessing to be able to go to college at SUNY
24 Brockport, I was able to learn a lot about
25 black history and its importance and its

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1 significance.
2 And for so many young people,
3 particularly young people across our cities of
4 New York State, many of them still today don't
5 know a whole lot about themselves. And I'll
6 never forget as a young inner city kid in
7 Buffalo in the 12th grade, I had a teacher,
8 Mr. Shapiro, who not until I was 18 years of
9 age was I able to learn about African-American
10 history, growing up in the city of Buffalo,
11 outside of Dr. King. At 18 years of age.
12 So then when I had the opportunity
13 to go to college, for me it was really
14 inspiring to be able to take classes and learn
15 more about African-American history. I think
16 it helped shape my world view. And I think
17 that more people need to have a greater
18 understanding.
19 And so Black History Month for me
20 is something that is extremely important.
21 Many of our kids don't know a lot about
22 themselves. But fortunately, because of the
23 Internet, more young people are able to learn
24 in ways that I did not have that opportunity

25 to many years ago. If your teachers didn't

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1 teach you about it, think about it, you go
2 through 11 years of school and you don't learn
3 it until 12th grade.
4 And I just know that if more young
5 people could learn about people who don't look
6 like them and people that do look like them,
7 it will continue to inspire and encourage them
8 the way it did for me.
9 So I just want to say thank you for
10 this opportunity. I know that we're going to
11 open up this resolution for everyone. And
12 black history is also a critical part of
13 American history as well.
14 Thank you.
15 THE PRESIDENT: Senator
16 Hassell-Thompson.
17 SENATOR HASSELL-THOMPSON: Thank
18 you, Mr. President.
19 I commend Senator Thompson on
20 bringing this resolution to the floor. As he
21 spoke, I remember -- I'm old enough to
22 remember when we celebrated only a week of
23 Black History Month, and now it has become a
24 month.
25 I look forward to the day when our

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1 books will record and report the
2 accomplishments of all people, making it
3 unnecessary to have to designate a time where
4 we have to point to the accomplishments of
5 people, but, rather, our behavior, our books
6 and our way of life will be inclusive enough
7 that Black History Month will be something
8 that will be a thing of the past. I hope that
9 in my lifetime I will see that happen.
12 resolution, all those in favor please indicate
13 so by saying aye.
16 (No response.)
17 THE PRESIDENT: The resolution is
18 adopted and is open for cosponsorship. Anyone
19 wishing not to be on the resolution may come
20 up and indicate so at the desk. Otherwise,
21 the resolution carries unanimously.
22 Senator Skelos.
24 there's a resolution at the desk by Senator
25 Craig Johnson, 4131. If we could have the

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1 title read and move for its immediate
2 adoption.
4 will read.
5 THE SECRETARY: By Senator
6 C. Johnson, Legislative Resolution Number
7 4131, memorializing Governor Eliot Spitzer to
8 proclaim February 3 through February 9, 2008,
9 as Kawasaki Disease Awareness Week in the
10 State of New York.
11 THE PRESIDENT: Senator Craig
12 Johnson, on the resolution.
13 SENATOR CRAIG JOHNSON: Thank
14 you. Thank you very much. I will be brief.
15 Kawasaki disease is a children's
16 illness that about 80 percent of the people
17 with Kawasaki's disease are children under the
18 age of five.
19 What makes this disease very
20 disconcerting is that it can't be detected and
21 oftentimes mirrors other illnesses that
22 doctors misdiagnose the disease. Its symptoms
23 can be symbolic of other illnesses.
24 The problem becomes that Kawasaki's
25 disease affects the heart. And if you are

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1 stricken with Kawasaki disease at a young age,
2 you oftentimes, as you get older, will suffer
3 from heart disease and obviously death.
4 And so what this resolution simply
5 does is it makes the week from February 3rd

6 through February 9th Kawasaki Disease
7 Awareness Week, to help our medical
8 professionals become more aware of this
9 dreaded disease and help find not just ways to
10 find the cause of it but also to find a cure
11 for it.
12 So I thank you, and I welcome all
13 Senators to join on the resolution.
14 Thank you very much, Mr. President.
16 resolution, all those in favor indicate by
17 saying aye.
20 (No response.)
21 THE PRESIDENT: The resolution
22 has carried.
23 Senator Skelos.
25 there's a concurrent resolution at the desk,

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1 4145. If we could have the title read and
2 move for its immediate adoption.
4 will read Concurrent Resolution 4145.
5 THE SECRETARY: By Senator Bruno,
6 Concurrent Resolution Number 4145,
7 establishing a plan setting forth an itemized
8 list of grantees for certain appropriations

9 for the 2007-2008 state fiscal year, as
10 required by subdivision 5 of Section 24 of the
11 State Finance Law.
12 THE PRESIDENT: Is there any
13 Senator who wishes to speak on the resolution?
14 Hearing none, all those in favor.
17 (No response.)
18 THE PRESIDENT: The resolution is
19 adopted.
20 Senator Skelos.
21 SENATOR SKELOS: Mr. President, I
22 believe there are substitutions to be made at
23 the desk at this time.
25 will read.

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1 THE SECRETARY: On page 15,
2 Senator Leibell moves to discharge, from the
3 Committee on Investigations and Government
4 Operations, Assembly Bill Number 9443 and
5 substitute it for the identical Senate Bill
6 Number 6513, Third Reading Calendar 59.
7 And on page 16, Senator Maziarz
8 moves to discharge, from the Committee on
9 Labor, Assembly Bill Number 9817 and
10 substitute it for the identical Senate Bill
11 Number 6798, Third Reading Calendar 131.

12 THE PRESIDENT: Substitutions
13 ordered.
14 Senator Sabini.
15 SENATOR SABINI: Thank you,
16 Mr. President.
17 I just wanted to note for my
18 colleagues that Resolution 4097, which I
19 sponsor along with Senator Malcolm Smith, does
20 something that's kind of amazing. It
21 commemorates the 50th year of someone in one
22 institution. Not many people can say that
23 other than our own friend Senator Marchi.
24 Jack Curran is celebrating his 50th
25 anniversary at Archbishop Molloy High School.

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1 He is the legendary head basketball and
2 baseball coach at Archbishop Molloy, an
3 institution I attended that's in Senator
4 Malcolm Smith's district.
5 Coach Curran has, as many in
6 Catholic schools do, had to do double duty, so
7 he's coached basketball, he's coached
8 baseball, he was a gym teacher. He was my gym
9 teacher. And he's been involved in touching
10 the lives of some notoriously successful
11 athletes, like Olympians Brian Winters, Kevin
12 Joyce, NBA stars like Kenny Smith and Kenny
13 Anderson.
14 He started out with another legend,

15 Coach Lou Carnesecca, and went on to become
16 his successor. He also was involved in
17 teaching, in one form or another, some pretty
18 prominent residents of our state, including
19 Attorney General Cuomo, New York City Police
20 Commissioner Ray Kelly, Council Member Joseph
21 Addabbo, Jr., and the former Assembly Minority
22 Leader John Faso.
23 What struck me when we put this
24 resolution in is a few years ago, if you
25 remember, we had Coach Jim Boeheim here of the

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1 national champion Syracuse Orangemen, who made
2 our state so proud. And when I was introduced
3 to him, he asked me where I went to high
4 school. And I said Archbishop Molloy, and he
5 said: "Tell Coach Curran I said hello."
6 He has dedicated literally his
7 adult life to bettering the lives of the young
8 men -- and now young women -- of Archbishop
9 Molloy, and I wanted to salute him on his
10 50th anniversary.
11 And I thank you for the opportunity
12 to speak.
13 THE PRESIDENT: Thank you,
14 Senator Sabini.
15 Senator Skelos.
17 if we can go to the noncontroversial reading

18 of the calendar.
19 THE PRESIDENT: Senator Padavan.
20 SENATOR PADAVAN: If I may, and
21 with the indulgence of Senator Sabini, I would
22 like to have my name added to the resolution
23 adopted on behalf of Jack Curran, whom I know
24 as an instructor of my son while he was at
25 Molloy, and his coach.

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1 So I join you in applauding all his
2 wonderful efforts.
3 THE PRESIDENT: We will add
4 Senator Padavan's name to the resolution
5 saluting Coach Jack Curran in his 50th year at
6 Archbishop Molloy High School.
7 Now we will proceed to the
8 noncontroversial reading of the calendar. The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 35, by Senator DeFrancisco, Senate Print 1825,
12 an act to amend the Penal Law, in relation to
13 payment.
15 will read the last section.
16 THE SECRETARY: Section 2. This
17 act shall take effect immediately.
19 will call the roll.
20 (The Secretary called the roll.)

21 THE PRESIDENT: And the Secretary
22 will announce the results.
23 THE SECRETARY: Ayes, 51.
24 THE PRESIDENT: The bill is
25 passed.

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2 40, by Senator Volker, Senate Print 4114, an
3 act to amend the Criminal Procedure Law and
4 the Judiciary Law, in relation to allowing
5 payment.
6 THE PRESIDENT: Read the last
7 section.
9 act shall take effect on the first of
10 November.
11 THE PRESIDENT: Call the roll.
13 THE PRESIDENT: Results.
14 THE SECRETARY: Ayes, 50. Nays,
15 1. Senator Duane recorded in the negative.
17 passed.
19 42, by Senator DeFrancisco, Senate Print 4458,
20 an act to amend the Criminal Procedure Law, in
21 relation to service of a supporting
22 deposition.

24 section.

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1 act shall take effect on the first of January.
4 THE PRESIDENT: Results.
7 passed.
9 48, by Senator Maltese, Senate Print 4473, an
10 act to amend the Labor Law, in relation to
11 requiring.
13 section.
20 passed.
22 52, by Senator Morahan, Senate Print 3894, an
23 act to amend the Penal Law, in relation to
24 designating.

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1 section.
3 act shall take effect on the first of
4 November.
9 passed.
11 53, by Senator LaValle, Senate Print 2038, an
12 act to amend the Workers' Compensation Law, in
13 relation to including.
15 section.
22 passed.
24 59, substituted earlier by Member of the
25 Assembly Bradley, Assembly Print Number 9443,

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1 an act to amend the Tax Law.
3 section.
5 act shall take effect on the same date and in
6 the same manner as Chapter 596 of the Laws of
7 2007.
12 passed.
14 77, by Senator Maltese, Senate Print 4249, an
15 act to amend the Labor Law and the Education
16 Law, in relation to prohibiting.
18 section.
25 passed.

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2 131, substituted earlier today by Member of
3 the Assembly John, Assembly Print Number 9817,

4 an act to amend the Workers' Compensation Law
5 and others.
7 section.
9 act shall take effect February 1, 2008.
14 passed.
15 Senator Skelos, that completes the
16 reading of the calendar.
17 SENATOR SKELOS: Thank you,
18 Mr. President.
19 Is there any further business at
20 the desk?
21 THE PRESIDENT: There is no
22 further business at the desk, Senator.
23 SENATOR SKELOS: There being no
24 further business, I move that we stand
25 adjourned until Monday, February 4th -- when

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1 we'll be celebrating the Giants' winning of
2 the Super Bowl -- at 3:00 p.m., intervening
3 days being legislative days.
4 THE PRESIDENT: On motion, the
5 Senate stands adjourned until Monday,
6 February 4th, at 3:00 p.m., all intervening

7 days being legislative days and celebration.
8 The Senate is adjourned.
9 (Whereupon, at 11:33 a.m., the
10 Senate adjourned.)
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Top of Form 1

1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 January 29, 2008

18 LT. GOVERNOR DAVID A. PATERSON, President

19 STEVEN M. BOGGESS, Secretary

Candyco Transcription Service, Inc.

2 THE PRESIDENT: The Senate will

4 Would you please all rise and join

5 with me in reciting the Pledge of Allegiance.

6 (Whereupon, the assemblage recited

7 the Pledge of Allegiance to the Flag.)

8 THE PRESIDENT: In the absence of

9 clergy, we will bow our heads in silence for a

11 (Whereupon, the assemblage

12 respected a moment of silence.)

13 THE PRESIDENT: The reading of

15 THE SECRETARY: In Senate,

16 Monday, January 28, the Senate met pursuant to

17 adjournment. The Journal of Saturday,

18 January 26, was read and approved. On motion,

20 THE PRESIDENT: Without

21 objection, the Journal stands approved as

24 Messages from the Assembly.

25 Messages from the Governor.

1 Reports of standing committees.

3 SENATOR SKELOS: Mr. President,

4 if we could take up the nominations at this

6 THE PRESIDENT: The Secretary

8 THE SECRETARY: Senator O.

9 Johnson, from the Committee on Finance,

10 reports the following nominations.

11 As a member of the Board of

12 Trustees of the State University of New York,

13 Linda S. Sanford, of Chappaqua.

14 SENATOR SKELOS: Move the

16 THE PRESIDENT: On the nomination

17 of Linda S. Sanford as a member of the Board

18 of Trustees of the State University of

19 New York, all those in favor please indicate

22 THE PRESIDENT: Opposed, nay.

24 THE PRESIDENT: The nomination is

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2 New York, joins us. She's in the east

3 gallery. We want to congratulate her on this

4 appointment and wish her all the best in her

5 service to the State University of New York

6 and to all the citizens of the State of

8 Linda, thank you very much. And on

9 behalf of the Senate, we extend to you all of

10 our best wishes.

12 THE PRESIDENT: The Secretary

14 THE SECRETARY: As a member of

15 the Board of Trustees of the City University

16 of New York, Charles A. Shorter, of New York

18 THE PRESIDENT: Senator Skelos.

19 SENATOR SKELOS: Move the

21 THE PRESIDENT: On the nomination

22 of Charles A. Shorter, of New York City, who

23 will be seeking appointment to the City

24 University of New York as a member of the

25 Board of Trustees, all those in favor please