May 28, 2008

Top of Form 1
Date: 05/28/2008
Session: Regular
2461
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 May 28, 2008
11 3:03 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOHN J. BONACIC, Acting President
19 STEVEN M. BOGGESS, Secretary
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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 BONACIC: The
3 Senate will come to order.
4 I ask everyone present to rise and
5 repeat with me the Pledge of Allegiance.
6 (Whereupon, the assemblage recited
7 the Pledge of Allegiance to the Flag.)
9 invocation today will be given by Reverend
10 Paul Bannister, who is pastor of the
11 Lighthouse Baptist Church in Utica.
12 REVEREND BANNISTER: Let's bow
13 for prayer.
14 Dear heavenly Father, we do thank
15 You for this opportunity, Lord, and thank You
16 for the privilege and the freedoms that we
17 have to be able to come and petition our cause
18 before You.
19 I do pray for each person in here,
20 Father, especially, Lord, for the Senators as
21 they make decisions. Lord, I pray that
22 they'll be pleasing to You. Please be with
23 their families and, Lord, keep them safe,
24 Lord, as they travel.
25 And, Lord, we just thank You for

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1 the opportunities, Lord, that we have to come
2 before You for every cause. Please let Your
3 will be done, Lord, in this house.
4 And we ask these things in Jesus'
5 name. Amen.
6 ACTING PRESIDENT BONACIC: Thank
7 you, Reverend.
8 The reading of the Journal.
9 THE SECRETARY: In Senate,
10 Tuesday, May 27, the Senate met pursuant to
11 adjournment. The Journal of Monday, May 26,
12 was read and approved. On motion, Senate
13 adjourned.
14 ACTING PRESIDENT BONACIC:
15 Without objection, the Journal stands approved
16 as read.
17 Presentation of petitions.
18 Messages from the Assembly.
19 Messages from the Governor.
20 Reports of standing committees.
21 The Secretary will read.
22 THE SECRETARY: Senator
23 DeFrancisco, from the Committee on Judiciary,
24 reports the following nominations.
25 As a justice of the Supreme Court

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1 of the First Judicial District, Honorable

2 Shirley W. Kornreich, of New York City.
3 ACTING PRESIDENT BONACIC: I call
4 on Senator DeFrancisco.
5 SENATOR DeFRANCISCO: Yes,
6 Mr. President.
7 We had a Judiciary Committee
8 meeting today, and prior to that meeting,
9 there was a thorough review of each of the
10 nominations that were sent to us by Governor
11 Paterson. And each of the individuals were
12 found to be well qualified, and all passed
13 unanimously to the full house from the
14 Judiciary Committee to consider the
15 nomination.
16 And with respect to the first
17 nominee, Honorable Shirley W. Kornreich, of
18 New York City, as a justice of the Supreme
19 Court of the First Judicial District, I would
20 move that nomination.
21 ACTING PRESIDENT BONACIC: Any
22 Senator wishing to be heard?
23 Senator Duane.
24 SENATOR DUANE: Thank you,
25 Mr. President.

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1 I'm very pleased to second the
2 nomination of Shirley Kornreich. She's an
3 outstanding judge and will really do a fine
4 job, I'm sure, as a member of the Supreme

5 Court from the First Judicial District.
6 And I'm pleased and honored to be
7 able to second her nomination.
9 Senator Perkins.
10 SENATOR PERKINS: Mr. President,
11 I just want to take a moment to express my
12 support for this nomination.
13 I have had the honor of knowing
14 this nominee from when she was a civil court
15 judge in Manhattan, in New York County. And
16 since then, she's become an acting Supreme
17 Court judge.
18 And what's even more extraordinary
19 about her service is her story, her family's
20 story, which is an American success story, so
21 to speak, in which they have met many
22 challenges, overcome many challenges, and make
23 us all proud to see how up the ladder of
24 success she and her family have come from
25 humble beginnings to now be at a point where

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1 they can share their gifts for the people of
2 the State of New York.
3 And so I'm honored to be here as a
4 fellow Manhattanite, wishing her good luck and
5 appreciating what she has done and
6 congratulating the Governor on this
7 nomination.
9 you, Senator Perkins.
10 Senator Krueger.
11 SENATOR LIZ KRUEGER: Thank you,
12 Mr. President. I also just stand to rise
13 briefly to congratulate Judge Shirley
14 Kornreich on her, I guess, promotion by the
15 Governor.
16 She is a well-known and respected
17 member of the judiciary from Manhattan Island
18 who I've had the chance to meet any number of
19 times over the years, and I'm delighted that
20 Governor Paterson has seen fit to nominate her
21 to be moved today by this chamber.
22 Thank you, Mr. President.
24 you, Senator Krueger.
25 Anyone else wishing to be heard?

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1 The question is on the nomination
2 of Shirley W. Kornreich, of New York City, as
3 a justice of the Supreme Court. All in favor
4 signify by saying aye.
5 (Response of "Aye.")
6 ACTING PRESIDENT BONACIC: Anyone
7 opposed say nay.
8 (No response.)
10 Justice Shirley Kornreich, congratulations.

11 You are hereby confirmed as a justice of the
12 Supreme Court of the First Judicial District.
13 (Applause.)
14 ACTING PRESIDENT BONACIC: I
15 noticed among those who were clapping the
16 loudest was her husband, Edward. She's also
17 joined by her children, Mollie, Davida, and
18 Larry; mother, Dina Werner; and mother-in-law,
19 Selma Kornreich.
20 Congratulations, and thank you all
21 for being here.
22 (Applause.)
24 Secretary will read.
25 THE SECRETARY: As a judge of the

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1 Otsego County Court, Jill Ghaleb, of
2 Cooperstown.
4 Senator DeFrancisco.
5 SENATOR DeFRANCISCO: Thank you,
6 Mr. President.
7 I rise to move the nomination of
8 Jhilmil (Jill) Ghaleb, of Cooperstown, as a
9 judge of the Otsego County Court. And I'd
10 request that you call on Senator Seward for a
11 second.
13 Senator Seward.
14 SENATOR SEWARD: Thank you,
15 Senator DeFrancisco and Mr. President. I rise
16 in support of this nomination, and to second
17 it.
18 The system that we have in Otsego
19 County, we have two county judges, and they
20 are three-hatted judges. Our County Court
21 judge handles County Court, the Surrogate's
22 Court and Family Court. And last fall one of
23 our county judges was elected to the Supreme
24 Court. Thus, we have a vacancy.
25 And there is a heavy caseload in

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1 the Otsego County Court, and the Governor has
2 nominated Jill Ghaleb to fill the vacancy
3 until an election can be held. And in light
4 of the fact that we have that heavy caseload
5 and the Governor has made this nomination, I
6 stand in support of her confirmation here
7 today.
8 Jill Ghaleb was educated at Utica
9 College and then went on to New York Law
10 School, passed the bar on her first attempt in
11 July of 1990, and since that time has been in
12 private practice in Central New York.
13 And also, in addition to her
14 professional career, she and her husband have
15 been very active in the community, serving in
16 many community organizations and being

17 supportive of many community organizations.
18 I stand to congratulate you, Jill,
19 upon assuming this post, as well as your proud
20 husband, Dr. Ghaleb, and your parents,
21 Dr. Bishu and Gouri Dey, as well as your
22 mother-in-law, Samira Foster.
23 Congratulations. And we need you
24 on the Otsego County bench to fill the year to
25 take care of that heavy caseload.

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3 you, Senator Seward.
6 of Jill Ghaleb as a judge of Oswego [sic]
7 County Court. All in favor signify by saying
8 aye.
11 Opposed, nay.
12 (No response.)
13 ACTING PRESIDENT BONACIC: Jill
14 Ghaleb is confirmed as a judge of the Otsego
15 County Court. She is joined by her husband,
16 Dr. Hany Ghaleb; her parents, Dr. Bishu and
17 Gouri Dey; and her mother-in-law, Samira
18 Foster.
19 Congratulations to you, Your Honor.

20 (Applause.)
21 SENATOR DeFRANCISCO: Mr.
22 President, I just wanted to clarify the
23 record. It's Otsego County Court. We don't
24 want to send her to the wrong courthouse.
25 (Laughter.)

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2 you, Senator DeFrancisco.
3 Senator DeFrancisco, you're up.
4 SENATOR DeFRANCISCO: Thank you.
5 I now move the nomination of
6 Stephen R. Hunter, of Chester, as a judge of
7 the Orange County Surrogate Court.
10 THE SECRETARY: As a judge of
11 Orange County Surrogate Court, Honorable
12 Stephen R. Hunter, of Chester.
13 ACTING PRESIDENT BONACIC: Is
14 there any Senator wishing to be heard?
16 of Stephen R. Hunter as a judge of the Orange
17 County Surrogate Court. All in favor signify
18 by saying aye.
21 opposed?
22 (No response.)
24 Senator DeFrancisco, why do you rise?

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1 President, since you are there presiding this
2 afternoon, I did want to mention a little bit
3 about Mr. Hunter, who is from your district,
4 concerning his qualifications.
5 As was mentioned by Senator Volker
6 during our committee meeting, Mr. Hunter has
7 the unique background of being a mechanical
8 engineer and then going on to law school.
9 Only the finest lawyers started off as
10 engineers, and I can speak very clearly about
11 that from personal experience.
12 In addition, his resume is full of
13 all types of appointments and public
14 service -- school board, town board, town
15 justice, village justice, and it goes on and
16 on and on.
17 He's the type of individual I
18 believe that has that broad cross-section of
19 background and experience that will make an
20 excellent Surrogate Court judge. And I would
21 request that -- I'm sure that it will happen
22 anyway, but I think he's well deserving of a
23 unanimous vote for confirmation.

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1 I joined in your accolades at the
2 Judiciary Committee with respect to our friend
3 Stephen Hunter.
4 Again, the question is on the
5 nomination for Stephen Hunter. All in favor
9 Opposed, nay.
10 (No response.)
11 ACTING PRESIDENT BONACIC: It is
12 now confirmed, Stephen R. Hunter is a judge of
13 the Orange County Surrogate Court.
14 He's joined by his wife Anne;
15 daughter, Elizabeth Hunter; and son-in-law,
16 Brett Broge.
17 Steve, congratulations.
18 (Applause.)
21 THE SECRETARY: As a judge of the
22 Court of Claims, O. Peter Sherwood, of
23 New Rochelle.
25 Senator DeFrancisco.

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2 President, I move the nomination of O. Peter
3 Sherwood, of New Rochelle, as a judge of the
4 Court of Claims.
5 And I'd just like to note that we
6 haven't seen each other for probably a long
7 time -- I won't give the number of years --
8 but as we were talking earlier today, we
9 realized that we took the New York State bar
10 examination in the same building back in 1971
11 or thereabouts.
12 So he's no doubt well qualified,
13 having passed the bar examination from that
14 venue. And I would move his nomination.
18 Senator Hassell-Thompson.
19 SENATOR HASSELL-THOMPSON: Thank
20 you.
21 I too, as a member of the Judiciary
22 Committee, want to congratulate the Governor
23 again on the wonderful nominations that he has
24 sent to our committee for confirmation. And
25 certainly in the case of each of the

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1 candidates, they are very worthy.
2 I wanted to just second the
3 nomination of O. Peter Sherwood. And Peter
4 Sherwood has been a -- his history is really

5 Brooklyn, and so that as he talked this
6 morning, everyone was giving him the accolades
7 of New York. But I shared with him the fact
8 that he failed to recognize the Westchester
9 roots that he has as well.
10 And so as a representative of
11 Westchester County, I wanted to be a part of
12 this congratulations of new Judge Sherwood for
13 a post to which he is more than qualified and
14 worthy to serve.
17 you, Senator Hassell-Thompson.
18 Senator Sabini.
19 SENATOR SABINI: Thank you,
20 Mr. President.
21 I too wanted to congratulate the
22 Governor on his nomination of Peter Sherwood
23 for the Court of Claims.
24 I had the privilege of serving on
25 the City Council's Governmental Operations

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1 Committee of New York City, which had
2 jurisdiction over the city's Department of Law
3 when Mr. Sherwood was the corporation counsel.
4 Which, for those who are outside the city, is
5 the commissioner of the Department of Law.
6 And he served with grace and style and
7 efficiency that served New York City well. We

8 lost him back to Westchester.
9 But I am sure he'll make a fine
10 judge of the Court of Claims, and I'll be
11 voting in favor.
12 Thank you.
14 you, Senator Sabini.
17 of O. Peter Sherwood, of New Rochelle, as a
18 judge of the Court of Claims. All in favor
21 ACTING PRESIDENT BONACIC: Those
22 opposed, nay.
23 (No response.)
24 ACTING PRESIDENT BONACIC: O.
25 Peter Sherwood is hereby confirmed as a judge

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1 of the Court of Claims.
2 He's joined by his wife, Ruby, and
3 his partner, Marcia Alazraki.
4 Congratulations, Your Honor.
5 (Applause.)
7 Secretary will read the report of the Finance
8 Committee, please.
9 THE SECRETARY: Senator O.
10 Johnson, from the Committee on Finance,

11 reports the following nominations.
12 As a member of the Buffalo and Fort
13 Erie Public Bridge Authority-Peace Bridge,
14 Paul J. Koessler, of Buffalo.
15 As a member of the Small Business
16 Advisory Board, Richard M. Bivone, of East
17 Meadow.
18 As members of the Medical Advisory
19 Committee, Elena Padilla, of New Rochelle;
20 Robert A. Schwartz, M.D., of Manilus; and
21 Buddhi M. Shrestha, of Rochester.
22 As a member of the Advisory Council
23 on Alcoholism and Substance Abuse Services,
24 Robert A. Ross, of East Chatham.
25 As members of the Council on Human

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1 Blood and Transfusion Services, Lazaro
2 Generoso Rosales, M.D., of Fayetteville, and
3 Donna Skerrett, M.D., of Mount Vernon.
4 As a member of the Board of
5 Visitors of the Finger Lakes Developmental
6 Disabilities Services Office, Leo R. Downey,
7 Jr., of Livonia.
8 And as members of the Queens
9 Children's Psychiatric Center, Jack M.
10 Friedman, of Queens Village, and Rebecca L.
11 Skinner, of New York City.
13 Senator Johnson.
14 SENATOR OWEN JOHNSON: I move the
15 nominations.
17 question is on the nomination of the nominees
18 as read by the Secretary. All in favor
21 ACTING PRESIDENT BONACIC: Those
22 opposed, nay.
23 (No response.)
25 nominees are hereby confirmed as read by the

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1 Secretary.
2 Reports of select committees.
3 Communications and reports from
4 state officers.
5 Motions and resolutions.
6 Senator Farley.
7 SENATOR FARLEY: Thank you,
8 Mr. President.
9 On behalf of Senator Volker,
10 Mr. President, I wish to call up his bill,
11 Senate Print 1653. It's recalled from the
12 Assembly, and it's now at the desk.
15 THE SECRETARY: Calendar Number
16 905, by Senator Volker, Senate Print 1653, an

17 act to amend the Executive Law.
18 SENATOR FARLEY: I now move to
19 reconsider the vote by which this bill was
20 passed.
22 Secretary will call the roll on
23 reconsideration.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 56.

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1 SENATOR FARLEY: Mr. President, I
2 now offer the following amendments.
4 amendments are received.
5 SENATOR FARLEY: Mr. President,
6 on behalf of Senator Skelos, I wish to call up
7 his bill, Print Number 962A. It's been
8 recalled from the Assembly, and it's now at
9 the desk.
13 693, by Senator Skelos, Senate Print Number
14 962A, an act to amend the Public Officers Law
15 and the Civil Practice Law and Rules.
17 now move to reconsider the vote by which this
18 bill passed.

20 Secretary will call the roll on
21 reconsideration.
25 now offer the following amendments.

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2 amendments are received.
3 SENATOR FARLEY: Mr. President,
4 amendments are offered to the following Third
5 Reading Calendar bills:
6 By Senator Leibell, on page 9,
7 Calendar Number 17, Senate Print 3587;
8 For Senator Leibell, on page 9,
10 Also for Senator Leibell, on page
11 29, Calendar Number 601, Senate Print 4700;
12 For Senator Leibell again, on page
14 And for Senator Leibell, on page
15 36, I think it's Calendar Number 737, and it's
16 Senate Print 3637;
17 For Senator Saland, on page 47,
19 For Senator DeFrancisco, on page
21 For Senator Saland, on page 70,

23 And for Senator Saland, on page 85,
24 Calendar Number 1456, Senate Print 7949.
25 Mr. President, I now move that

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1 these bills retain their place on the order of
2 the Third Reading Calendar.
4 you, Senator Farley.
5 The amendments are received and
6 adopted, and the bills will retain their place
7 on the Third Reading Calendar.
8 Senator Skelos.
9 SENATOR SKELOS: Mr. President,
10 there are substitutions at the desk. If we
11 could make them at this time.
14 THE SECRETARY: On page 30,
15 Senator Seward moves to discharge, from the
16 Committee on Rules, Assembly Bill Number
17 7120B, and substitute it for the identical
18 Senate Bill Number 3964C, Third Reading
19 Calendar 615.
20 On page 49, Senator Breslin moves
21 to discharge, from the Committee on
22 Transportation, Assembly Bill Number 9442, and
23 substitute it for the identical Senate Bill
24 Number 6505, Third Reading Calendar 1016.
25 On page 52, Senator Trunzo moves to

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1 discharge, from the Committee on Local
2 Government, Assembly Bill Number 8665 and
3 substitute it for the identical Senate Bill
4 Number 5859, Third Reading Calendar 1077.
5 On page 61, Senator Leibell moves
6 to discharge, from the Committee on Veterans,
7 Homeland Security and Military Affairs,
8 Assembly Bill Number 10486 and substitute it
9 for the identical Senate Bill Number 7791,
10 Third Reading Calendar 1192.
11 And on page 68, Senator Rath moves
12 to discharge, from the Committee on Social
13 Services, Children and Families, Assembly Bill
14 Number 8722A and substitute it for the
15 identical Senate Bill Number 5860A, Third
16 Reading Calendar 1272.
18 substitutions are ordered.
19 Senator Skelos.
21 if we could adopt the Resolution Calendar at
22 this time.
23 ACTING PRESIDENT BONACIC: All in
24 favor of adopting the Resolution Calendar

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3 Opposed, nay.
4 (No response.)
6 Resolution Calendar is hereby adopted.
7 Senator Skelos.
9 Resolution 3401, by Senator Fuschillo, was
10 previously adopted. If we can have it read in
11 its entirety at this time, and then if you
12 would recognize Senator Fuschillo.
15 THE SECRETARY: By Senator
16 Fuschillo, Legislative Resolution Number 3401,
17 congratulating the Long Island Blue Demons
18 Baseball Team upon the occasion of capturing
19 the 2007 Babe Ruth World Series in Alabama.
20 "WHEREAS, Excellence and success in
21 competitive sports can be achieved only
22 through strenuous practice, team play and team
23 spirit, nurtured by dedicated coach and
24 strategic planning; and
25 "WHEREAS, Athletic competition

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1 enhances the moral and physical development of
2 the young people of this state, preparing them
3 for the future by instilling in them the value
4 of teamwork, encouraging a standard of healthy

5 living, imparting a desire for success, and
6 developing a sense of fair play and
7 competition; and
8 "WHEREAS, Attendant to such
9 concern, and in full accord with its
10 long-standing traditions, it is the sense of
11 this Legislative Body to congratulate the Long
12 Island Blue Demons Baseball Team upon the
13 occasion of capturing the 2007 Babe Ruth World
14 Series in Alabama; and
15 "WHEREAS, To reach the Babe Ruth
16 World Series, the Long Island Blue Demons
17 Baseball Team won the New York State
18 championships in Queens and the regional
19 championships in State College, Pennsylvania,
20 amassing a perfect 12-0 record; and
21 "WHEREAS, Competing against nine
22 other teams from across the country, the Long
23 Island Blue Demons Baseball Team went 6-0 and
24 defeated a team from Henderson, Kentucky, 6-0,
25 in the championship game to become the first

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1 squad from Long Island to win the title; and
2 "WHEREAS, The athletic talent
3 displayed by this team is due in great part to
4 the efforts of Manager Fred Kreuder and
5 Coaches Pete August and Bill Faust, skilled
6 and inspirational tutors who have done a
7 superb job in guiding, molding and inspiring

8 the team members toward their goals; and
9 "WHEREAS, Loyally and
10 enthusiastically supported by family, fans and
11 friends, the Long Island Blue Demons Baseball
12 Team have proven themselves to be an
13 unbeatable combination of talents, reflecting
14 favorably on their community; now, therefore,
15 be it
16 "RESOLVED, That this Legislative
17 Body pause in its deliberations to
18 congratulate the Long Island Blue Demons
19 Baseball Team; its members -- Jesse Signa,
20 Brett Barnathan, Ronald Remi, John Dunn,
21 Christian Faust, Robert Cafiero, Robert
22 Tomasulo, Richard Bianchi III, Kyle Tracy,
23 Douglas Marshall, Alejandro Marine, Brian
24 Mauro, Peter August, Bryan Verbitsky and Dino
25 Tomassetti -- Manager Fred Kreuder and Coaches

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1 Pete August and Bill Faust upon the occasion
2 of capturing the 2007 Babe Ruth World Series;
3 and be it further
4 "RESOLVED, That copies of this
5 resolution, suitably engrossed, be transmitted
6 to the Long Island Blue Demons Baseball Team,
7 Manager Fred Kreuder and Coaches Pete August
8 and Bill Faust."
10 Senator Fuschillo.
11 SENATOR FUSCHILLO: Thank you
12 very much, Mr. President.
13 It seems like it's a common
14 occurrence when I get up on the floor of this
15 house and congratulate a championship team
16 from my district.
17 And today we have another one. We
18 have a group of boys from my district, Senator
19 Skelos' district, Senator Hannon's district,
20 and Senator Marcellino's district that came
21 together. And the coach, Freddie Kreuder, has
22 been coaching these kids since they were five
23 or six years old. And he's beaming with pride
24 and joy as I look at him in the gallery.
25 The kids came up today, had a tour

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1 of the museum, we had lunch, they toured the
2 Capitol, they met Senator Bruno and my
3 colleagues. It's a great bunch of kids.
4 They won the New York State
5 Championship in Queens. They went on to win
6 the Eastern Regionals in Penn State. Then
7 they went down to Andalusia, Alabama. And
8 that was the host city, and there was a host
9 team there. And the day they arrived, they
10 were greeted by about a thousand residents of
11 a small 9,000 resident community.
12 And they opened up their arms. The
13 residents there hosted the boys. The kids

14 stayed in houses, they had their clothes
15 washed by the local merchants. It was a
16 pretty good life, Freddie, for that week.
17 And they played nine other -- there
18 were nine teams from around the country. And
19 when they went to play Florida, Florida said:
20 Well, we're going to teach these boys from
21 New York how to play. They scored 13 runs in
22 the first inning, and I believe they beat them
23 13 to 2.
24 And they went on to win the World
25 Series, The United States World Series for the

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1 Babe Ruth League.
2 One batted over 600 for the
3 tournament. Another pitcher had a seven-hit
4 complete game shutout. Somebody won a Golden
5 Glove Award for the best fielder. Fierce
6 competitors on the field.
7 But that doesn't really tell the
8 story of what these boys are like. There was
9 a young boy that was their batboy, a
10 12-year-old boy that saved up his money to buy
11 them gum and sesame seeds, sunflower seeds for
12 every game. And he liked music, he liked to
13 play the guitar. But he rented a guitar.
14 So these kids, they chipped in
15 their own money, and they ended up buying him
16 a guitar. They signed it, put a little saying

17 on it from the Bible: "With God, everything
18 is possible."
19 But that tells you what the
20 character of these boys are like. Fierce
21 competitors on the field, but a humanistic
22 side off the field.
23 Freddie, I congratulate you and
24 your managers, all the families -- and even
25 the grandfather who's here today -- on the

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1 success of these boys, but mostly for the
2 character that you've instilled into them.
3 Congratulations.
4 Ladies and gentlemen, please
5 welcome the Babe Ruth champions, the Long
6 Island Blue Demons. Congratulations.
7 (Applause.)
8 SENATOR FUSCHILLO: Thank you,
9 Mr. President.
11 Senator Fuschillo, do you think that we have
12 some candidates here that could help the
13 Yankees and the Mets that are struggling?
14 SENATOR FUSCHILLO: I think both
15 teams could use a lot of help.
16 (Laughter.)
18 you, gentlemen.
19 I have Senator Marcellino.

20 SENATOR MARCELLINO: Thank you,
21 Mr. President.
22 It's a pleasure to rise up and
23 congratulate these young men. They're a
24 credit to their community; they're a credit to
25 their families. Somebody's done something

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1 right in bringing these people up, because
2 they know what's important. The story that
3 Senator Fuschillo just told you about them
4 chipping in their own money to help someone
5 else tells you of their character.
6 ACTING PRESIDENT BONACIC: Excuse
7 me, Senator.
8 Can we please keep the noise down
9 and be respectful to Senator Marcellino.
10 Senator Marcellino.
11 SENATOR MARCELLINO: Thank you,
12 Mr. President. I appreciate the help.
13 Unfortunately, we don't read often
14 enough in our newspapers and hear in the media
15 stories about young men like this who do the
16 right thing for all the right reasons.
17 Unfortunately, we read always about people who
18 do the wrong thing and get in trouble. If you
19 were to believe what you read, you would think
20 a generation was going to you-know-where in a
21 handbasket.
22 We know that's not the case. These

23 young men have proved it once again. They're
24 great people. They're going to be a credit to
25 our community, a credit to our state and a

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1 credit to our nation.
2 Again, I congratulate you. Enjoy
3 yourselves. This is a life -- almost a
4 life-changing experience. It's something
5 you're going to talk about for the rest of
6 your days, and I wish them to be many.
7 Congratulations and God bless each
8 and every one of you. God bless your families
9 as well.
10 (Applause.)
12 you, Senator Marcellino.
13 The resolution has been previously
14 adopted.
15 Senator Skelos.
16 SENATOR SKELOS: Let me just add
17 my congratulations to all of you.
18 I know that you're going to
19 continue to excel in academics, certainly in
20 sports. And I was talking with Senator
21 Stachowski. He says eventually he'd love to
22 be your agent. I'd love to be your attorneys
23 when you make it to the majors.
24 So congratulations to all of you.
25 (Applause.)
(518) 371-8910
2493
2 Senator Skelos.
3 SENATOR SKELOS: If we could go
4 to the noncontroversial reading of the
5 calendar.
9 545, by Senator DeFrancisco, Senate Print
10 1829C, an act to amend the Penal Law, in
11 relation to identity theft.
12 ACTING PRESIDENT BONACIC: Read
13 the last section.
14 THE SECRETARY: Section 4. This
15 act shall take effect on the 120th day.
16 ACTING PRESIDENT BONACIC: Call
17 the roll.
21 bill is passed.
23 553, by Senator Bonacic, Senate Print 6755A,
24 an act to amend the Penal Law, in relation to
25 unlawful surveillance.

(518) 371-8910
2494

2 the last section.
4 act shall take effect on the first of
5 November.
7 the roll.
11 bill is passed.
13 615, substituted earlier today by Member of
14 the Assembly Gianaris, Assembly Print Number
15 7120B, an act to amend the Insurance Law, in
16 relation to specifying.
20 act shall take effect immediately.
22 the roll.

(518) 371-8910
2495
1 bill is passed.
3 823, by Senator Little, Senate Print 7347, an
4 act to authorize certain healthcare

5 professionals.
7 the last section.
9 act shall take effect July 16, 2008.
11 the roll.
15 bill is passed.
17 890, by Senator Farley, Senate Print 2745, an
18 act to amend the Banking Law, in relation to
19 requirement for licensure.
23 act shall take effect on the first of January
24 next succeeding.

(518) 371-8910
2496
1 the roll.
5 bill is passed.
7 891, by Senator Farley, Senate Print 2866, an

8 act to amend the Banking Law, in relation to
9 second branch.
15 the roll.
19 bill is passed.
21 954, by Senator Larkin, Senate Print 427, an
22 act to amend the Tax Law, in relation to
23 partial eligibility.

(518) 371-8910
2497
4 the roll.
8 bill is passed.
10 999, by Senator Volker, Senate Print 7416, an

11 act to amend the Penal Law, in relation to
12 assaults in detention facilities.
17 November.
19 the roll.
21 THE SECRETARY: Ayes, 58. Nays,
22 1. Senator Duane recorded in the negative.
24 bill is passed.

(518) 371-8910
2498
1 1000, by Senator Lanza, Senate Print 7528, an
2 act to amend the Penal Law, in relation to
3 prohibiting the possession of plastic
4 knuckles.
6 the last section.
9 November.
11 the roll.

15 bill is passed.
18 the Assembly Hoyt, Assembly Print Number 9442,
19 an act to amend Chapter 584 of the Laws of
20 2007 relating to the definition of "Erie
21 Canal."

(518) 371-8910
2499
2 the roll.
5 1. Senator Rath recorded in the negative.
7 bill is passed.
9 1028, by Senator Skelos, Senate Print 6722A,
10 an act to legalize, validate, ratify and
11 confirm certain transportation contracts.

17 the roll.
21 bill is passed.
24 act to authorize approval of a certain
25 transportation contract.

(518) 371-8910
2500
2 the last section.
6 the roll.
10 bill is passed.
12 1042, by Senator Alesi, Senate Print 268A, an
13 act to amend the Executive Law, in relation to
14 certain notifications.

20 the roll.
24 bill is passed.

(518) 371-8910
2501
2 an act to amend the Executive Law, the Tax Law
3 and the Correction Law, in relation to
4 requiring.
6 the last section.
8 act shall take effect on the first of January.
10 the roll.
13 Senator DeFrancisco, to explain his vote.
14 SENATOR DeFRANCISCO: Yes. There
15 is no question that the status of a sex
16 offender in the State of New York is a status
17 that carries very, very adverse consequences.
18 First of all, you have been
19 convicted of a crime, and there's various
20 levels of sex offenders. And those crimes
21 that you've been convicted of end up having
22 some type of punishment, a sentence of some

23 type. And then after that, you're put on a
24 registry and it obviously affects you the rest
25 of your life.

(518) 371-8910
2502
1 I think this one goes one step too
2 far, that automatically $600 or more goes to
3 the victim's witness fund, no matter what
4 level of sexual offender that you're labeled
5 as, no matter how long after the event took
6 place, no matter the equities that may have
7 happened since. I just think this has gone
8 one step too far.
9 I think there should be -- If
10 someone has lost something, has received
11 damages as a result of whatever the sex
12 offender did, they could bring suit, they can
13 go after that individual once that person
14 comes across some money. I think that's the
15 proper way to do this, rather than an
16 automatic forfeiture no matter what time and
17 no matter how much or the level of the
18 offender.
19 So I vote no, with that
20 explanation.
22 else wishing to be heard?
23 Announce the results.
24 THE SECRETARY: Those recorded in
25 the negative on Calendar Number 1066 are

(518) 371-8910
2503
1 Senators DeFrancisco, Duane, Hassell-Thompson,
2 Montgomery, Parker, Perkins, Savino and
3 Serrano.
4 Ayes, 51. Nays, 8.
6 bill is passed.
8 1076, by Senator Young, Senate Print 4571, an
9 act to amend the Real Property Tax Law, in
10 relation to authorizing.
16 the roll.
20 bill is passed.
23 the Assembly Eddington, Assembly Print Number
24 8665, an act in relation to authorizing the
25 village of Bellport in the County of Suffolk.

(518) 371-8910
2504
1 ACTING PRESIDENT BONACIC: There

2 is a home-rule message at the desk.
3 Read the last section.
7 the roll.
10 1. Senator Hassell-Thompson recorded in the
11 negative.
13 bill is passed.
15 1078, by Senator Marcellino, Senate Print
16 6870, an act to amend Chapter 226 of the Laws
17 of 2003 relating to establishing the
18 Brookville Library Funding District.
24 the roll.

(518) 371-8910
2505
3 bill is passed.

6 the Assembly Abbate, Assembly Print Number
7 10486, an act to amend the Civil Service Law,
8 in relation to employment.
14 the roll.
17 Senator Leibell, to explain his vote.
18 SENATOR LEIBELL: Thank you,
19 Mr. President.
20 This bill was part of a package of
21 bills that the Senate Majority put forth last
22 week at a press conference just prior to
23 Memorial Day. It's a recognition of the
24 tremendous sacrifices that have been made by
25 our servicemen and -women, especially in the

(518) 371-8910
2506
1 recent conflict in Iraq and Afghanistan.
2 This legislation is going to open
3 up a noncompetitive situation a significantly
4 increased number of positions for returning
5 disabled veterans. It's a commitment we have
6 made to our veterans.
7 I think it will be a great light

8 for private employers to follow. It's an
9 example for them how we should be taking care
10 of all those who have served and worked so
11 hard for our nation.
12 I vote aye. Thank you,
13 Mr. President.
15 you, Senator Leibell.
17 Announce the results.
19 0.
21 bill is passed.
23 1203, by Senator Saland, Senate Print 1097, an
24 act to amend the Education Law, in relation to
25 powers of the Board of Cooperative Educational

(518) 371-8910
2507
1 Services.
3 the last section.
7 the roll.

11 bill is passed.
14 act to amend the General Municipal Law, in
15 relation to construction.
21 the roll.
25 bill is passed.

(518) 371-8910
2508
2 1252, by Senator Larkin, Senate Print 347A, an
3 act to amend the Racing, Pari-Mutuel Wagering
4 and Breeding Law and the Tax Law, in relation
5 to making persons convicted.
7 the last section.
9 act shall take effect January 1 next
10 succeeding.
12 the roll.

16 bill is passed.
18 1255, by Senator Larkin, Senate Print 2721A,
19 an act to amend the Racing, Pari-Mutuel
20 Wagering and Breeding Law, in relation to
21 imposition of fees.

(518) 371-8910
2509
2 the roll.
6 bill is passed.
8 1264, by Senator Larkin, Senate Print 1480, an
9 act to amend the Agriculture and Markets Law,
10 in relation to including.
16 the roll.
19 1. Senator Padavan recorded in the negative.
21 bill is passed.
23 1267, by Senator Nozzolio, Senate Print 4111,
24 an act to amend the Agriculture and Markets
25 Law, in relation to building on farmland.

(518) 371-8910
2510
2 the last section.
6 the roll.
10 bill is passed.
13 the Assembly Ortiz, Assembly Print Number
14 8722A, an act to amend the Domestic Relations
15 Law and the Military Law, in relation to child
16 custody.

22 the roll.

(518) 371-8910
2511
1 bill is passed.
3 1281, by Senator Bonacic, Senate Print 462, an
4 act to amend the Administrative Code of the
5 City of New York, in relation to requiring the
6 Department of Environmental Conservation.
8 the last section.
12 the roll.
16 bill is passed.
18 1297, by Senator Flanagan, Senate Print 796,
19 an act to amend the Tax Law, in relation to
20 exemptions.
22 is a local fiscal impact note at the desk.

23 Read the last section.
25 act shall take effect on the first day of the

(518) 371-8910
2512
1 sales tax quarterly period.
3 the roll.
6 1. Senator Duane recorded in the negative.
8 bill is passed.
10 1315, by Senator Flanagan, Senate Print 7957,
11 an act to amend the Executive Law, in relation
12 to the display of certain flags.
18 the roll.
22 bill is passed.
24 1380, by Senator Fuschillo, Senate Print 3079,

(518) 371-8910
2513
1 criminal impersonation.
3 the last section.
7 the roll.
11 bill is passed.
13 1381, by Senator Fuschillo, Senate Print 3080,
15 creating the crime of committing an offense
16 while impersonating a police officer or peace
17 officer.
22 November.
24 the roll.

(518) 371-8910
2514

3 bill is passed.
5 1384, by Senator Fuschillo, Senate Print
6 4721A, an act to amend the Penal Law and the
7 Criminal Procedure Law, in relation to
8 identity theft.
14 the roll.
18 bill is passed.
20 1385, by Senator Young, Senate Print 4875, an
21 act to amend the Criminal Procedure Law, in
22 relation to authorizing.

(518) 371-8910
2515
3 the roll.

7 bill is passed.
9 1449, by Senator Skelos, Senate Print 4332, an
10 act to amend the Correction Law, in relation
11 to the registration of sex offenders.
17 the roll.
21 bill is passed.
23 1451, by Senator Rath, Senate Print 4636, an
24 act to amend the Correction Law, in relation
25 to knowingly harboring a sex offender.

(518) 371-8910
2516
2 the last section.
5 November.
7 the roll.
11 bill is passed.
12 Senator Skelos, that completes the
13 noncontroversial reading of the calendar.
15 Calendar Number 1066, Senate 7713A, my bill
16 which passed previously, I'd like to move to
17 reconsider the vote by which it passed and lay
18 the bill aside.
23 an act to amend the Executive Law and others.
25 the roll on reconsideration.

(518) 371-8910
2517
3 ACTING PRESIDENT BONACIC: Lay
4 the bill aside for the day.
5 Senator Skelos.
6 SENATOR SKELOS: Is there any
7 further business at the desk?
9 is none.
10 SENATOR SKELOS: I move we stand

11 adjourned until Thursday, May 29th, at
12 11:00 a.m.
14 you, Senator Skelos.
15 On motion, the Senate stands
16 adjourned until Thursday, May 29th, at
17 11:00 a.m.
18 (Whereupon, at 3:54 p.m., the
19 Senate adjourned.)
20
21
22
23
24
25

(518) 371-8910

May 28, 2008

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Top of Form 1

1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 May 28, 2008

18 SENATOR JOHN J. BONACIC, Acting President

19 STEVEN M. BOGGESS, Secretary

Candyco Transcription Service, Inc.

2 ACTING PRESIDENT BONACIC: The

3 Senate will come to order.

4 I ask everyone present to rise and

5 repeat with me the Pledge of Allegiance.

6 (Whereupon, the assemblage recited

7 the Pledge of Allegiance to the Flag.)

8 ACTING PRESIDENT BONACIC: The

9 invocation today will be given by Reverend

10 Paul Bannister, who is pastor of the

11 Lighthouse Baptist Church in Utica.

12 REVEREND BANNISTER: Let's bow

14 Dear heavenly Father, we do thank

15 You for this opportunity, Lord, and thank You

16 for the privilege and the freedoms that we

17 have to be able to come and petition our cause

19 I do pray for each person in here,

20 Father, especially, Lord, for the Senators as

21 they make decisions. Lord, I pray that

22 they'll be pleasing to You. Please be with

23 their families and, Lord, keep them safe,

24 Lord, as they travel.

25 And, Lord, we just thank You for

1 the opportunities, Lord, that we have to come

2 before You for every cause. Please let Your

3 will be done, Lord, in this house.

4 And we ask these things in Jesus'

6 ACTING PRESIDENT BONACIC: Thank

8 The reading of the Journal.

9 THE SECRETARY: In Senate,

10 Tuesday, May 27, the Senate met pursuant to

11 adjournment. The Journal of Monday, May 26,

12 was read and approved. On motion, Senate

14 ACTING PRESIDENT BONACIC:

15 Without objection, the Journal stands approved

18 Messages from the Assembly.

19 Messages from the Governor.

20 Reports of standing committees.

21 The Secretary will read.

22 THE SECRETARY: Senator

23 DeFrancisco, from the Committee on Judiciary,

24 reports the following nominations.

25 As a justice of the Supreme Court

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1 of the First Judicial District, Honorable

3 ACTING PRESIDENT BONACIC: I call

5 SENATOR DeFRANCISCO: Yes,

7 We had a Judiciary Committee

8 meeting today, and prior to that meeting,

9 there was a thorough review of each of the

10 nominations that were sent to us by Governor

11 Paterson. And each of the individuals were

12 found to be well qualified, and all passed

13 unanimously to the full house from the

14 Judiciary Committee to consider the