Tuesday, March 2, 1993

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 March 2, 1993 11 10:00 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR HUGH T. FARLEY, Acting President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 1 P R O C E E D I N G S 2 ACTING PRESIDENT FARLEY: Senate 3 will come to order. Senators will find their 4 seats. 5 If you will please rise with me 6 for the Pledge of Allegiance to the Flag. 7 (Whereupon, the Senate joined in 8 the Pledge of Allegiance to the Flag. ) 9 Today, in the absence of clergy, 10 if we will bow our heads in a moment of silent 11 prayer. 12 (Whereupon, there was a moment of 13 silence. ) 14 Secretary will begin by reading 15 the Journal. 16 THE SECRETARY: In Senate, 17 Monday, March 1. The Senate met pursuant to 18 adjournment. Senator Mega in the Chair upon 19 designation of the Temporary President. Prayer 20 by the Reverend Finley Schaef of Brooklyn, New 21 York. The Journal of Friday, February 26, was 22 read and approved. On motion, Senate adjourned. 23 ACTING PRESIDENT FARLEY: Hearing 1 no objection, the Journal will stand approved as 2 read. 3 The order of business: 4 Presentation of petitions. 5 Messages from the Assembly. 6 Messages from the Governor. 7 Reports of standing committees. 8 We have a report of a standing 9 committee. Secretary will read it. 10 THE SECRETARY: Senator Stafford, 11 from the Committee on Finance, reports the 12 following nominations: 13 Member of the Fire Fighting and 14 Code Enforcement Personnel Standards and 15 Education Commission, Francis J. Quinlan of 16 Cortland. 17 Member of the Mental Health 18 Services Council, John M. Morihisa, M.D., of 19 Albany; James L. Stone of Webster; Steven B. 20 Warren of Brooklyn. 21 Member of the Board of Visitors 22 of the J. N. Adam Developmental Disabilities 23 Services Office, Pamela D. Burgoon of 1 Forestville. 2 Member of the Board of Visitors 3 of the Central Islip Psychiatric Center, Yetta 4 Cherry of Central Islip; and Maria T. 5 Re-Kilmartin of Middle Island. 6 Member of the Board of Visitors 7 of Broome Developmental Disabilities Services 8 Office, Vincent A. DeMaio of Binghamton; and 9 Kathryn M. Paddock of Binghamton. 10 Member of the Board of Visitors 11 of the Capital District Psychiatric Center, 12 Florence Frazier of Albany. 13 Member of the Board of Visitors 14 of the Wilton Developmental Disabilities 15 Services Office, George C. Frost of South Glens 16 Falls. 17 Member of the Board of Visitors 18 of the Newark Developmental Disabilities 19 Services Office, Thomas F. Healy of Newark. 20 Member of the Board of Visitors 21 of the Sagamore Children's Psychiatric Center, 22 Edward Hernandez of Farmingville. 23 Member of the Board of Visitors 1 of the Manhattan Children's Psychiatric Center, 2 Verna O. Hobson of New York City; and Marlin R. 3 Mattson, M.D., of New York City. 4 Member of the Board of Visitors 5 of the Sunmount Developmental Disabilities 6 Services Office, Colleen D. McNerney of Saranac 7 Lake. 8 Member of the Board of Visitors 9 of the Oswald D. Heck Developmental Disabilities 10 Services Office, Alice Mose of Scotia. 11 Member of the Board of Visitors 12 of the St. Lawrence Psychiatric Center, Nancy L. 13 Reich of Paul Smiths. 14 Member of the Board of Visitors 15 of the Monroe Developmental Disabilities 16 Services Offices, Marion Wakes of Rochester. 17 ACTING PRESIDENT FARLEY: On the 18 nominations. All those in favor, aye. 19 (Response of "Aye.") 20 Those opposed, nay. 21 (There was no response. ) 22 The nominees are confirmed. 23 We have a report from the 1 Committee on Finance. The Secretary will read 2 it. 3 THE SECRETARY: Senator Stafford, 4 from the Committee on Finance, reports the 5 following bill directly for third reading: 6 Budget Bill, Senate Bill Number 7 2437, an act to amend Chapters 50, 52, 53 and 54 8 of the Laws of 1992, making appropriations for 9 the support of government and to amend the 10 Education Law. 11 ACTING PRESIDENT FARLEY: Without 12 objection, third reading. 13 THE SECRETARY: Senator Stafford 14 moves to discharge the Committee on Finance from 15 Assembly Bill Number 4052 and substitute it for 16 the identical Senate Bill Number 2437. 17 ACTING PRESIDENT FARLEY: 18 Substitution is ordered. 19 Senator Present, would you like 20 to have its third reading at this time? 21 SENATOR PRESENT: No, Mr. 22 President. I move that we adopt the resolutions 23 calendar. 1 ACTING PRESIDENT FARLEY: Okay. 2 Secretary will read the resolution calendar. 3 All in favor of adopting the resolution 4 calendar, say aye. 5 (Response of "Aye.") 6 Those opposed, nay. 7 (There was no response. ) 8 The resolution calendar is 9 adopted. 10 Senator Leichter. 11 SENATOR LEICHTER: Mr. 12 President. On behalf of Senator Solomon, I move 13 that the following bills be discharged from 14 their respective committees and be recommitted 15 with instructions to strike the enacting clause: 16 Senate Print Number 2443. 17 ACTING PRESIDENT FARLEY: Without 18 objection. 19 SENATOR LEICHTER: And on behalf 20 of Senator Waldon, I move that the following 21 bill be discharged from its respective committee 22 and be recommitted with instruction to strike 23 the in acting clause: Senate Print Number 1889. 1 ACTING PRESIDENT FARLEY: Without 2 objection, Senator Leichter. 3 We have some more reports of 4 standing committees. Senator Present, would you 5 like us to do those now? 6 SENATOR PRESENT: Please. 7 ACTING PRESIDENT FARLEY: All 8 right. 9 THE SECRETARY: Senator Stafford, 10 from the Committee on Finance, reports the 11 following bills directly for third reading: 12 Senate Bill Number 1208, by 13 Senator Padavan, an act to amend the State 14 Finance Law and the General Municipal Law. 15 Also Senate Bill Number 1333, by 16 Senator Bruno, an act to re-distribute 1993 bond 17 volume allocations. 18 Senator Tully, from the Committee 19 on Health, reports the following bills directly 20 for third reading: 21 Senate Bill Number 263, by 22 Senator Holland, Public Health Law, in relation 23 to Medicare distinct parts in nursing 1 facilities. 2 Also, Senate Bill Number 961, by 3 Senator Tully, Public Health Law, in relation to 4 the establishment of a special care program for 5 long-term care. 6 Senator Larkin, from the 7 Committee on Local Government, reports the 8 following bills directly for third reading: 9 Senate Bill Number 219, by 10 Senator Farley, an act to amend the County Law, 11 in relation to county office hours of work. 12 Senate Bill Number 342, by 13 Senator Farley and others, Real Property Tax 14 Law. 15 Senate 371, by Senator Bruno and 16 others, Real Property Tax Law. 17 Senate Bill Number 434, by 18 Senator Stafford, General Municipal Law, 19 authorizing participation for public benefit 20 corporations. 21 438, by Senator Stafford and 22 others, Real Property Tax Law. 23 574, by Senators Cook and 1 DeFrancisco, General Municipal Law, New York 2 Planning Federation. 3 Senate bill 909, by Senators 4 Johnson and others, Real Property Tax Law, 5 capital improvements in certain counties. 6 Senate Bill Number 1153, by 7 Senator Larkin, Real Property Tax Law, certain 8 state lands, Orange County. 9 Senator Cook, from the Committee 10 on Education, reports the following bills 11 directly for third reading: 12 Senate Bill Number 125, by 13 Senator Padavan, Education Law, in relation to 14 empowering community boards of community school 15 districts. 16 1181, by Senator Farley and 17 others, Education Law, the funding of certain 18 libraries. 19 1652, by Senator Cook and others, 20 Education Law. 21 1654, by Senator Cook and others, 22 Education Law. 23 2014, by Senator Farley and 1 others, Education Law. 2 Senator Skelos, from the 3 Committee on Aging, reports the following bills 4 directly for third reading: Senate Bill Number 5 1605, by Senator Skelos and others, Public 6 Health Law and the Correction Law. 7 1861, by Senator Padavan, Real 8 Property Tax Law, property occupied by senior 9 citizens. 10 1984, by Senator Skelos and 11 others, Real Property Tax Law. 12 1986, by Senator Skelos and 13 others, Real Property Tax Law. 14 2191, by Senator Farley, 15 Education Law, university trustees. 16 Senator Mega, from the Committee 17 on Judiciary, reports the following bills 18 directly for third reading: 19 Senate bill 1198, by Senator 20 Mega, an act to amend the debtor and creditor 21 law. 22 1244, by Senators Johnson and 23 Daly, proposing amendments to the constitution. 1 1552, by Senator Saland, Family 2 Court Act and the Criminal Procedure Law. 3 1664, by Senator Farley and 4 others, Judiciary Law. 5 1938, by Senator Mega, Judiciary 6 Law, the Not-for-Profit Corporation Law. 7 Senate bill 1939, by Senator 8 Mega, Court of Claims Act. 9 Senator Saland, from the 10 Committee on Children and Families, reports the 11 following bills directly for third reading: 12 Senate Bill Number 950, by 13 Senator Skelos and others, Family Court Act and 14 the Criminal Procedure Law. 15 983, by Senator Mega and others, 16 an act to amend the Executive Law. 17 2242, by Senator Saland, Domestic 18 Relations Law. 19 2245, by Senator Saland, 20 Executive Law. 21 2363, by Senator Saland, an act 22 to amend the Social Services Law. 23 Senator Lack, from the Committee 1 on Labor, reports the following bills directly 2 for third reading: 3 Senate Bill Number 2179, by 4 Senator Lack, Workers' Compensation Law. 5 2184, by Senator Lack, an act to 6 amend the Labor Law. 7 2387, by Senator Lack, an act to 8 amend the Labor Law. 9 Senator Levy, from the Committee 10 on Transportation, reports the following bills 11 directly for third reading: 12 Senate Bill Number 533, by 13 Senator Johnson and others, Vehicle and Traffic 14 Law. 15 785, by Senator Levy, Vehicle and 16 Traffic Law. 17 1897, by Senator Sheffer, an act 18 to amend the Highway Law. 19 1942, by Senator Larkin and 20 others, Vehicle and Traffic Law. 21 2135, by Senator Padavan, an act 22 to amend the Vehicle and Traffic Law. 23 Senator Volker, from the 1 Committee on Codes, reports the following bills 2 directly for third reading: 3 234, by Senator Tully and others, 4 an act to amend the Penal Law. 5 1055, by Senator Mega and others, 6 Criminal Procedure Law. 7 1138, by Senator Volker, an act 8 to amend the Penal Law. 9 1305, by Senator Levy and others, 10 Criminal Procedure Law. 11 1554, by Senator Saland, Criminal 12 Procedure Law. 13 2025, by Senator Volker, Civil 14 Practice Law and Rules. 15 2063, by Senator Present and 16 others, Criminal Procedure Law. 17 2153, by Senators Johnson and 18 Levy, Criminal Procedure Law. 19 2157, by Senator Mega and others, 20 an act to amend the Penal Law. 21 2173, by Senators Volker and 22 others, an act to amend the Penal Law. 23 Senator Johnson, from the 1 Committee on Environmental Conservation, reports 2 the following bills directly for third reading: 3 Senate Bill Number 661, by 4 Senator Johnson and others, Environmental 5 Conservation Law. 6 783, by Senator Johnson and 7 others, Environmental Conservation Law. 8 955, by Senator Stafford, 9 Environmental Conservation Law. 10 1303, by Senator Johnson and 11 others, Environmental Conservation Law. 12 1326, by Senator Johnson and 13 others, Environmental Conservation Law. 14 1795, by Senator Johnson and 15 others, Environmental Conservation Law. 16 Senator Maltese, from the 17 Committee on Crime Victims, Crime and 18 Correction, reports the following bills directly 19 for third reading: 20 Senate 245, by Senator Padavan, 21 Executive Law. 22 2112, by Senator Maltese, an act 23 to amend the Correction Law. 1 And, 2114, by Senator Maltese, to 2 repeal Section 114A of the Correction Law. 3 All bills reported directly for 4 third reading. 5 ACTING PRESIDENT FARLEY: All 6 bills are reported directly to third reading. 7 SENATOR GOLD: Mr. President. 8 ACTING PRESIDENT FARLEY: Senator 9 Gold. 10 SENATOR GOLD: Mr. President. On 11 behalf of Senator Mendez, could I offer up this 12 privileged resolution, just ask that the title 13 be read and have it acted on. 14 ACTING PRESIDENT FARLEY: 15 Secretary will read Senator Mendez' privileged 16 resolution. 17 THE SECRETARY: By Senator 18 Mendez, Legislative Resolution honoring Mrs. 19 Sandra Ruiz and Mr. Cerefino Narvaez-Ortiz upon 20 the occasion of their designation for special 21 recognition on Saturday, March 6, 1993. 22 SENATOR GOLD: May we act upon 23 that. 1 ACTING PRESIDENT FARLEY: Senator 2 Gold. 3 SENATOR GOLD: May we act upon 4 the resolution? 5 ACTING PRESIDENT FARLEY: Yes. 6 All those in favor of the resolution, say aye. 7 (Response of "Aye.") 8 Those opposed, nay. 9 (There was no response. ) 10 The resolution is unanimously 11 adopted. 12 Any other motions on the floor? 13 Hearing none, Senator Present, I 14 guess we're ready for the calendar if you are. 15 SENATOR PRESENT: I'm ready. 16 Let's take it up. 17 ACTING PRESIDENT FARLEY: Okay. 18 Secretary will start, noncontroversial. 19 THE SECRETARY: On page 6, 20 Calendar Number 93. 21 SENATOR PRESENT: Lay it aside 22 for the day. 23 ACTING PRESIDENT FARLEY: Lay it 1 aside for today. 2 THE SECRETARY: Calendar Number 3 94, by Senator Levy, Senate Bill Number 68, an 4 act to amend the Vehicle and Traffic Law, in 5 relation to require certain information on 6 disabled children. 7 ACTING PRESIDENT FARLEY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT FARLEY: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 49. 15 ACTING PRESIDENT FARLEY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 95, by Senator Levy, Senate Bill Number 75, an 19 act to amend the Railroad Law. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 49. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 96, by Senator Levy, Senate Bill Number 79, an 9 act to amend the Vehicle and Traffic Law and the 10 Education Law. 11 ACTING PRESIDENT FARLEY: There 12 is a local fiscal impact note here at the desk. 13 Read the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT FARLEY: Call 17 the roll. 18 (The Secretary called the roll. ) 19 THE SECRETARY: Those recorded in 20 the negative on Calendar Number 96 are Senators 21 Daly, DeFrancisco, Farley, Johnson, Kuhl, 22 Larkin, Libous, Maltese, Nozzolio, Present, 23 Seward and Wright, also Senator Cook, also 1 Senator Bruno. Ayes 36. Nays 14. 2 ACTING PRESIDENT FARLEY: The 3 bill is passed. 4 THE SECRETARY: Calendar Number 5 97, by Senator Levy, Senate Bill Number 190, an 6 act to amend the Vehicle and Traffic Law. 7 ACTING PRESIDENT FARLEY: Read 8 the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT FARLEY: Call 12 the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 51. 15 ACTING PRESIDENT FARLEY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 98, by Senator Johnson, Senate Bill Number 1189, 19 an act to amend the Vehicle and Traffic Law. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 51. 5 ACTING PRESIDENT FARLEY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 99, by Senator Levy, Senate Bill Number 1308, an 9 act to amend the Vehicle and Traffic Law. 10 ACTING PRESIDENT FARLEY: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT FARLEY: Call 15 the roll. 16 (The Secretary called the roll. ) 17 THE SECRETARY: Ayes 52. 18 ACTING PRESIDENT FARLEY: The 19 bill is passed. 20 SENATOR DALY: Mr. President. 21 ACTING PRESIDENT FARLEY: Senator 22 Daly. 23 SENATOR DALY: May I be voted in 1 the negative on Calendar Number 94, Print Number 2 68. 3 ACTING PRESIDENT FARLEY: Senator 4 Daly will be in the negative on Senator Levy's 5 bill, Calendar Number 94. 6 Senator Hoffmann. 7 SENATOR HOFFMANN: I would 8 request unanimous consent to be recorded in the 9 negative on Calendar 94, also. 10 ACTING PRESIDENT FARLEY: Senator 11 Hoffmann is in the negative on Calendar Number 12 94. 13 SENATOR SEWARD: Mr. President. 14 I also would like to be recorded in the negative 15 on Calendar Number 94. 16 ACTING PRESIDENT FARLEY: Senator 17 Seward in the negative on Calendar Number 94. 18 SENATOR SEARS: Mr. President. 19 ACTING PRESIDENT FARLEY: Senator 20 Sears. 21 SENATOR SEARS: I would like to 22 be recorded in the negative on Calendar Number 23 94. 1 ACTING PRESIDENT FARLEY: 94. 2 THE SECRETARY: Calendar Number 3 100, by Senator Sears, Senate Bill Number 1911, 4 an act to amend the Vehicle and Traffic Law. 5 ACTING PRESIDENT FARLEY: Read 6 the last section. 7 THE SECRETARY: Section 2. This 8 act shall take effect immediately. 9 ACTING PRESIDENT FARLEY: Call 10 the roll. 11 (The Secretary called the roll. ) 12 THE SECRETARY: Ayes 52. 13 ACTING PRESIDENT FARLEY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 103, by Senator Wright, Senate Bill Number 238, 17 State Administrative Procedure Act. 18 ACTING PRESIDENT FARLEY: Read 19 the last section. 20 THE SECRETARY: Section 2. This 21 act shall take effect immediately. 22 ACTING PRESIDENT FARLEY: Call 23 the roll. 1 (The Secretary called the roll.) 2 THE SECRETARY: Ayes 52. 3 ACTING PRESIDENT FARLEY: The 4 bill is passed. 5 THE SECRETARY: 104, by Senator 6 Wright, Senate Bill Number 2389, State 7 Administrative Procedure Act. 8 ACTING PRESIDENT FARLEY: Read 9 the last section. 10 THE SECRETARY: Section 2. This 11 act shall take effect immediately. 12 ACTING PRESIDENT FARLEY: Call 13 the roll. 14 (The Secretary called the roll. ) 15 THE SECRETARY: Ayes 53. 16 ACTING PRESIDENT FARLEY: The 17 bill is passed. 18 Congratulations, Senator Wright. 19 It's his first bill. 20 THE SECRETARY: Calendar Number 21 105, substituted earlier today, Assembly Budget 22 Bill, Assembly Bill Number 4052, amends Chapter 23 50, 52, 53 and 54 of the Laws of 1992, making 1 appropriations for the support of government. 2 ACTING PRESIDENT FARLEY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT FARLEY: Call 7 the roll. 8 (The Secretary called the roll. ) 9 THE SECRETARY: Ayes 53. 10 ACTING PRESIDENT FARLEY: The 11 bill is passed. 12 Senator Holland. 13 SENATOR HOLLAND: With unanimous 14 consent, I would like to be recorded in the 15 negative on Calendars 94 and 96. 16 ACTING PRESIDENT FARLEY: Senator 17 Holland will be in the negative on Calendar 94 18 and 96. 19 Senator Sears. 20 SENATOR SEARS: On Calendar 21 Number 96, would you record me in the negative, 22 please. 23 ACTING PRESIDENT FARLEY: Senator 1 Sears will be in the negative. 2 SENATOR DALY: Mr. President. 3 ACTING PRESIDENT FARLEY: Senator 4 Daly. 5 SENATOR DALY: Would you star 6 Calendar Number 93, Print Number Calendar Number 7 1106 for amendment, please. 8 ACTING PRESIDENT FARLEY: 9 Calendar Number 93 is starred at the request of 10 the sponsor. Senator Hoffmann. 11 SENATOR HOFFMANN: Mr. 12 President. How am I recorded on Calendar 96? 13 ACTING PRESIDENT FARLEY: I think 14 you are in the affirmative, but we'll check it. 15 SENATOR HOFFMANN: I believe I 16 wanted to be recorded in the negative. 17 ACTING PRESIDENT FARLEY: Senator 18 Hoffmann will be in the negative on Calendar 19 Number 96. 20 SENATOR HOFFMANN: Thank you, Mr. 21 President. 22 ACTING PRESIDENT FARLEY: Senator 23 Present. 1 SENATOR PRESENT: Mr. President, 2 I would ask that we stand at ease for a few 3 minutes. 4 ACTING PRESIDENT FARLEY: Senate 5 will stand at ease. 6 (Whereupon, at 4:16 p.m., Senate 7 was at ease. ) 8 (Whereupon, at 5:35 p.m., Senate 9 reconvened.) 10 ACTING PRESIDENT FARLEY: Senator 11 Present. 12 SENATOR PRESENT: Mr. President, 13 can we return to the reports of standing 14 committees. 15 ACTING PRESIDENT FARLEY: 16 Secretary will read a report of a standing 17 committee. 18 THE SECRETARY: Senator Goodman, 19 from the Committee on Investigations, Taxation 20 and Government Operations, reports the following 21 bills directly for third reading: 22 Senate Bill Number 34, by Senator 23 Holland, authorize the Broad Acres Golf Course 1 to have a right of first refusal on a lease of 2 lands. 3 Senate Bill Number 372, by 4 Senator Farley and others, Alcoholic Beverage 5 Control Law, in relation to brewers' licenses. 6 441, by Senator Stafford and 7 others, an act to amend the Tax Law. 8 1257, by Senator Goodman, 9 Alcoholic Beverage Control Law, in relation to 10 information required in license or permit 11 applications. 12 And also, Senate Bill Number 13 1958, by Senator Goodman, an act to amend the 14 Tax Law and the Penal Law, in relation to taxing 15 controlled substances. 16 All bills reported directly for 17 third reading. 18 ACTING PRESIDENT FARLEY: All 19 bills directly for third reading. 20 Senator Montgomery. 21 SENATOR MONTGOMERY: Mr. 22 President. Pursuant to Section 202 of the 23 Education Law, I would like to offer the 1 resolution for Regent Adelaide Luvenia Sanford. 2 ACTING PRESIDENT FARLEY: 3 Secretary will read the resolution. 4 THE SECRETARY: Concurrent 5 Resolution, by Senator Montgomery and others, 6 Concurrent Resolution of the Senate and Assembly 7 providing for the reelection of Adelaide L. 8 Sanford as Regent-at-Large of the University of 9 the state of New York. 10 ACTING PRESIDENT FARLEY: We will 11 substitute the resolution from the Assembly now. 12 THE SECRETARY: The Assembly sent 13 for concurrence the following resolution: 14 Assembly Resolution Number 405, 15 Concurrent Resolution of the Senate and 16 Assembly, providing for the reelection of 17 Adelaide L. Sanford, a Regent-at-Large. 18 ACTING PRESIDENT FARLEY: The 19 Assembly resolution is substituted. 20 Senator Montgomery, do you wish 21 to speak to it? 22 SENATOR MONTGOMERY: Yes. Thank 23 you, Mr. President. It is an honor and indeed a 1 pleasure to be able to stand here to speak on 2 this most significant occasion, and that is to 3 have this Legislature vote on the reappointment 4 of Regent Sanford. She has, without question, 5 been such a star, such a resource, a person with 6 vision, a person with courage and understanding 7 and sensitivity to the needs of children in the 8 state of New York across the entire state. 9 While she hails from downstate, 10 quote, unquote, or New York City specifically, 11 and though she has spent most of her, if not all 12 of her professional career working with children 13 in the inner city, she nonetheless has traveled 14 throughout the state visiting schools in rural 15 areas, visiting schools in small towns and 16 villages in upstate and has expressed as much 17 concern and interest and caring about the 18 problem and the children in situations in those 19 places as she has in her own city of New York. 20 So I am very honored to have been 21 one of the people to propose her nomination 22 initially seven years ago, and I am indeed 23 honored to be able to stand here today and speak 1 on her behalf after she has shown, without 2 question, proven to us, that our trust in her 3 was very wise. She is capable. She is 4 committed. She is courageous. And I think that 5 it's one of the best things that has happened to 6 education in the state of New York, the initial 7 appointment by this body and now as we prepare 8 to reappoint her to the Board of Regents. 9 So, Mr. President, I thank you 10 for this opportunity and I hope that all of my 11 colleagues will be as enthusiastic in voting for 12 her as I certainly will be. 13 ACTING PRESIDENT FARLEY: Senator 14 Smith. 15 SENATOR SMITH: Thank you, Mr. 16 President. It is with great pleasure that I 17 rise to second the nomination of Adelaide 18 Sanford. I regret that when she was first 19 appointed I was not a member of this august 20 body, and now that I have moved into the county 21 of Queens and Adelaide Sanford hails from the 22 county of Queens, it is more of a pleasure to be 23 able to do so. 1 I don't need to stand here and 2 tell you about all that she's done as a Regent. 3 Her history precedes her as an educator, and she 4 has brought dignity to the position of Regent 5 and has made information available to 6 communities such as the one that I represent. I 7 hail her for that, and I look forward to seeing 8 her in that role for many more years to come. 9 Thank you. 10 ACTING PRESIDENT FARLEY: Senator 11 Markowitz. 12 SENATOR MARKOWITZ: Thank you 13 very much. I just want to share both the 14 opinion of Senator Smith and Senator 15 Montgomery. I have known Adelaide Sanford for 16 some time, as well. 17 And I have to tell you that she 18 brings an extraordinary sense of passion to her 19 mission in terms of providing the finest quality 20 of education, especially for lower income and 21 more moderate income students of New York State 22 and, in particular -- I know I have been to many 23 workshops and seminars with her, and her passion 1 and concern in advancing the education of all 2 the children in the state with a particular 3 devotion, I believe, and we're not ashamed of 4 saying -- we're proud of saying -- to African 5 American children who are a very large part of 6 the public education system in the city and 7 state of New York. 8 Secondly, you should know that 9 when I get phone calls, many from the leading 10 church ministers in our districts, I must tell 11 you that she has an enormous popularity with the 12 organized church. I can think of Reverend Jones 13 of Bethany Baptist that I wish was in my 14 district but is in Senator Montgomery's 15 district, but we know when Reverend Jones and 16 his colleagues get on the case, we better 17 follow. 18 So I'm delighted to 19 enthusiastically endorse this nominee. 20 ACTING PRESIDENT FARLEY: Senator 21 Paterson. 22 SENATOR PATERSON: Thank you, Mr. 23 President. I want to lend my voice to those who 1 are supporting a new term for Regent Adelaide 2 Sanford, who has expanded the meaning of what a 3 member of the New York State Board of Regents 4 responsibilities are. 5 She has been an architect in the 6 field of multi-cultural education. She has been 7 a protagonist for the idea of historical 8 preservation. Just recently, I went to the 9 opening of a house that she and two friends of 10 hers renovated at 286 Convent Avenue and 141st 11 Street in my district which they want to use as 12 a historic center for the children of that 13 particular neighborhood. 14 And so it is the wide range of 15 areas that her role as a Regent has carried her 16 -- she has worked with the New York State 17 National Historic Trust. And I think that from 18 her speeches, one that was made in the Assembly 19 chamber on the week end of Black and Puerto 20 Rican Legislative Caucus activities at the 21 women's luncheon and also a speech that she made 22 before a parent teachers organization in Suffolk 23 County that was aired on ABC television, 1 demonstrate how dynamic and articulate and 2 perceptive she is. 3 She's an innovator, a person who 4 looks at the world through an entirely different 5 prism, one that I'm sure some who will vote for 6 her confirmation may not always agree with, but 7 will always have respect for the articulate, the 8 courageous way that she takes stands on 9 particular issues. There is no better person 10 that we could be nominating today. 11 And I'd like to thank Senator 12 Velmanette Montgomery, who introduced me to 13 Adelaide Sanford before she was a Regent in 14 1986. I think she is one of the most 15 outstanding individuals I have ever worked with 16 and truly a hero of our time, somebody who we 17 will confirm today but I think will be 18 remembered for many years as the catalyst for a 19 whole new way of thinking in terms of educating 20 children; the perception that education's 21 derivative means to "lead out", and that 22 children need to be led away from the menaces 23 such as teen-age pregnancy, substance abuse and 1 the dropout rate into productive training and 2 into a quality of life far superior than it may 3 have been before Regent Adelaide Sanford entered 4 their lives. 5 ACTING PRESIDENT FARLEY: Senator 6 Waldon. 7 SENATOR WALDON: Thank you very 8 much, Mr. President. I'll be brief. 9 Adelaide Sanford is a 10 constituent, a neighbor and friend, and I'm 11 proud to second the nomination of the proposal 12 of Senator Velmanette Montgomery. 13 I'm most proud simply because 14 this lady has a dignity that I have not often 15 seen in life. We know when someone has 16 charisma, and we know when someone has presence; 17 and when you are in the presence of Adelaide 18 Sanford you can truly understand dignity. 19 She causes all of us, whether we 20 be black or white, Jew Or gentile, in this state 21 to be proud of that calling called education. 22 She approaches it with seriousness. She 23 approaches it with commitment. And she is truly 1 loving and caring regarding the children of this 2 state no matter who they are. 3 And I will remember her for her 4 gifts to the children, for her achievements on 5 behalf of the children, but also because, 6 through the fact that she is such a dignified 7 lady, she causes all of us to be more dignified 8 once we've gotten to know her and have had the 9 opportunity to be in her presence. 10 Thank you, Mr. President. 11 ACTING PRESIDENT FARLEY: On the 12 confirmation of Adelaide Sanford for reelection 13 as Regent-at-Large. 14 All in favor, say aye. 15 We got to call the roll on this. 16 I'm sorry. 17 (Whereupon, the Secretary called 18 the roll. ) 19 THE SECRETARY: Ayes 57. Nays 20 2. Senators Pataki and Saland voting in the 21 negative. 22 ACTING PRESIDENT FARLEY: The 23 resolution is adopted. 1 Secretary will read. 2 Senator Padavan. 3 SENATOR PADAVAN: Thank you, Mr. 4 President. It's my pleasure to present before 5 this body a resolution on behalf of the election 6 of Dr. Saul Cohen as Regent-at-Large -- for 7 Regent-at-Large, University of the state of New 8 York. 9 ACTING PRESIDENT FARLEY: 10 Secretary will read the resolution. 11 THE SECRETARY: Concurrent 12 Resolution, by Senator Padavan and others, 13 Concurrent Resolution of the Senate and Assembly 14 providing for the election of Saul Cohen as a 15 Regent-at-Large of the University of the state 16 of New York. 17 The Assembly sent for concurrence 18 the following resolution: Assembly Resolution 19 Number 407, Concurrent Resolution of the Senate 20 and Assembly, providing for the election of Saul 21 Cohen as Regent-at-Large for the University of 22 the state of New York. 23 ACTING PRESIDENT FARLEY: The 1 Assembly substitution is ordered. 2 Senator Padavan. 3 SENATOR PADAVAN: Thank you, Mr. 4 President. I would like to share with this body 5 a little bit of the background of the individual 6 whom we have before us as the nominee for this 7 at-large position on the Board of Regents. 8 I first met Dr. Cohen in 1978 9 when he was made president -- he assumed the 10 presidency of the Queens College and also at 11 that point in time became a resident of my 12 district in Douglaston. And over the following 13 eight years, had the honor and pleasure of 14 working with him as did all of my colleagues 15 from Queens County on many, many projects 16 involving not only the City University, not only 17 Queens College, but many other aspects of 18 activity and areas of concern involving both the 19 city and the state. 20 Briefly, I would like to just 21 give you a synopsis of his background. After 22 serving several years in World War II in the 23 United States Army, he pursued an academic 1 career which, to say the least, is impressive. 2 His undergraduate work at Harvard, two degrees, 3 graduate studies at Columbia and his Ph.D. at 4 Harvard University. I have in front of me five 5 pages of publications, books and articles, that 6 he has written, authored and published in wide 7 ranging subjects, particularly in the area of 8 geographic concern, geographic physics, 9 geographic interests that are not only national 10 in scope but international. 11 But beyond his academic 12 achievements, his leadership in Queens College 13 particularly advancing curriculums in the field 14 of science, the development of a biophysics 15 curriculum, the beginnings of a capital 16 improvement program which provides today on the 17 campus of Queens College a very impressive 18 program and a new building dealings with biology 19 and the sciences, he also was involved in many 20 other activities important to those of us who 21 live in New York City and certainly those of us 22 in the state. He served, for instance, on the 23 commission dealing with decentralization. 1 Appointed to that in 1989 and worked very hard 2 in developing some very solid recommendations. 3 In the area of commercial 4 industrial development, he served on the 5 advisory board and on the commercial industrial 6 incentive board which we created a number of 7 years ago to provide incentives for businesses 8 to locate, relocate and expand in New York City. 9 His honors are extensive from 10 universities and colleges all over the world, 11 Tel Aviv to, of course, Queens College with many 12 honorary degrees as well as honors on behalf of 13 those in his chosen fields of academic endeavor. 14 This is certainly a learned man. 15 Certainly an individual whose credentials are 16 the kind that we look toward when we look for 17 someone to develop and to provide a stewardship 18 in the educational system in this state. But 19 beyond all of that, beyond his very impressive 20 academic background, his leadership in the field 21 of education, my sense of the man was that he 22 was a very human being -- he was the kind of 23 human being we would all like to see dealing 1 with the education of our children. A concerned 2 individual, an outgoing individual, welcomed you 3 to his home, welcomed the community to his house 4 in a fashion that made you feel that this person 5 truly cared about the community in which he 6 lived, the area in which he labored, and the 7 people of this state. 8 And for that reason, in addition 9 to all the other things that I have said and I'm 10 sure others will want to say who have known him, 11 this is truly an outstanding individual that we 12 are about to elect to this body. 13 Thank you, Mr. President. 14 ACTING PRESIDENT FARLEY: Senator 15 LaValle. 16 SENATOR LAVALLE: Yes. Thank 17 you, Mr. President. 18 ACTING PRESIDENT FARLEY: Then 19 Senator Gold, Senator Galiber. 20 SENATOR LAVALLE: Mr. President. 21 I rise to second this nomination. 22 And certainly Senator Padavan, I 23 think, set the foundation in his remarks in 1 talking about Dr. Cohen. I got to meet Dr. 2 Cohen when he was president at Queens College. 3 But if you look through his resume, you will 4 find that he was a member of the advisory 5 committee of the Senate Higher Education 6 Committee and a participating member of that 7 advisory committee. 8 Senator Padavan pointed out that 9 he is both a learned individual, was the 10 president of Queens College and did just an 11 outstanding job as its chief administrator. But 12 there are so many other qualities about Dr. 13 Cohen in that he will bring to the Board of 14 Regents, I think, an air of practicality, one 15 that ties him from the halls of decision making 16 at the Board of Regents back to the local 17 communities. Because he has just wonderful 18 communication skills and he enjoys sitting down 19 and talking to people and can cull out what is 20 important to people. 21 He, I think, understands that 22 children go to school to receive an education 23 and that basic skills are important to that 1 education. And so at a time when we in the 2 Legislature have -- and I would remind you - 3 questioned many of the decisions that the Board 4 of Regents have made, I think Saul Cohen will be 5 a breath of fresh air. I think will question, 6 will add to the quality of the deliberations, 7 and I think will make just a wonderful member of 8 the Board of Regents. 9 So it's with great pleasure that 10 I rise to support the nomination. 11 ACTING PRESIDENT FARLEY: Senator 12 Gold. 13 SENATOR GOLD: Mr. President. 14 Senator LaValle just said something, and I think 15 it just really hits it. Many of us over the 16 years have questioned the Board of Regents, what 17 do they do, and I certainly have never been 18 enamored of that group. But this is a breath of 19 fresh air. It's much, much more than that. I 20 mean we have some new people coming in today. 21 We have reelected somebody, but I think this is 22 an opportunity to find out whether this board 23 really can mean something and do something. 1 Saul Cohen is a giant in the 2 educational community. He is just a phenomenal 3 human being. I have known the goings on, if I 4 can put it that way, in Queens College for 5 years. It is in my community, and I have seen 6 the various presidents. Joe Murphy was a 7 president there, a very distinguished president 8 who went on to be the chancellor of the City 9 University, and then Saul Cohen came in to fill 10 those shoes. And I saw Queens College grow 11 during the Saul Cohen presidency in amazing 12 ways. In a very soft-spoken, beautifully human 13 elegant way, he would deal with people, handle 14 people, and manage to accomplish things that 15 other people with more bravado and, 16 unfortunately for them, less intellect were able 17 to do. And, in fact, the campus of Queens 18 College grew beautifully and expanded during 19 that presidency. 20 But I don't think anybody would 21 suggest that Saul Cohen would be a great member 22 of the Board of Regents just because he was able 23 to negotiate to have buildings built, because he 1 was also a builder of human beings. I knew the 2 student body intimately when he was the 3 president. I knew the way he treated them and 4 the way they reacted to him. The man is 5 unquestionably dedicated and driven by the needs 6 of young people and their education. He is 7 inspired by youth and indeed he inspires youth. 8 To read his resume -- and, of 9 course, if he ever reads these remarks, he is 10 going to laugh because, certainly, no one in the 11 educational community calls these "resume's" any 12 more. Shows my age, too; right, Senator 13 Galiber? 14 The background, the professional 15 experience, the people who have sought him out 16 as an expert, as pointed out by Senator LaValle, 17 the involvement that he's had in the educational 18 community, in governmental work, in his teaching 19 experience -- I mean it just goes on and on. 20 And there is certainly no one in this chamber 21 that hasn't seen these vitaes over and over and 22 over. And we know -- you know, there are 23 professional groups that do this, and they say, 1 "Well, you know, gee, we need a few more 2 pages. Did you ever buy Girl Scout cookies? 3 Put that on page 4." These pages are filled 4 with really significant contribution and 5 significant accomplishment. The work that he's 6 done, his public service is just amazing. 7 So I can say in all honesty in 8 the twenty-some-odd years that I have been 9 around here, this is the greatest delight that I 10 have ever had in supporting a member of the 11 Board of Regents. And, certainly, I think that 12 there isn't a doubt that as we look back a few 13 years from now, we are going to have the 14 greatest amount of pride in the fact that we all 15 partook in this venture in making Saul Cohen a 16 Regent-at-Large in the state of New York. 17 And I very delightfully second 18 that nomination. 19 ACTING PRESIDENT FARLEY: Senator 20 Galiber. 21 SENATOR GALIBER: Thank you, Mr. 22 President. This is a rare day in this body that 23 we are sending people of quality to the 1 Regents. The Regents, historically, has been a 2 sort of mysterious place that we hear about from 3 time to time, and they send down their 606 4 report every year, and none of us spend the time 5 to look it through. Most of them have done an 6 excellent job. But every now and then in life a 7 rare occasion comes about where we have the 8 opportunity to put into our educational system 9 qualified persons. 10 My colleagues said all that could 11 possibly be said in a given span of time about 12 Adelaide Sanford, who brings the same kind of 13 integrity and commitment to our educational 14 systems as Saul Cohen will bring. 15 Rarely in the course of events do 16 we have an opportunity to look upon a person of 17 Saul Cohen's quality and commitment. I had the 18 rare occasion to be selected for the Marchi 19 Committee, as it's referred to, school grievance 20 committee, where I met Saul Cohen for the first 21 time. I have heard of him, historically, 22 because any of us who are concerned about the 23 education of the state of New York clearly have 1 heard of Saul Cohen. 2 He is one from the old, old 3 school where educators were committed, and 4 educators carried with them that commitment and 5 transferred it over to the quality of education 6 for our youngsters. Nowhere in the history of 7 this great country is our educational system 8 under attack, nowhere before has it been so 9 seriously attacked as it is now, and Saul Cohen 10 brought to the committee and those of us who 11 have been around, and what he brought was this. 12 That those of us who are appointed to committees 13 very seldom keep their span of attention on that 14 committee, that we start skipping meetings, and 15 we rely on staff to give us reports. Saul Cohen 16 inspired, in my judgment, that entire body of 17 persons who gave so much of their time and their 18 energy to give back to this legislative branch 19 of government a sense of quality in terms of the 20 report that we submitted. He is bright. He is 21 articulate. He is giving. He is deserving of 22 this nomination. 23 So I am proud, Mr. President, to 1 put his name -- second the nomination of Saul 2 Cohen, who I was privileged to serve with. He 3 believes in the basic things that educators 4 should believe in. He believes that in order 5 for us to have a quality of education which is 6 needed to save another generation -- one 7 generation of youngsters have been lost to us - 8 that we need to be concerned about the very core 9 of our educational system. 10 We have to be concerned about who 11 makes the decisions and how they are made and 12 how can this best serve the youngsters of our 13 great state. He brings that breath of fresh 14 air, if you will, to that entity which is the 15 Regents, which is a quiet body of persons with 16 more excellent people there than we give them 17 credit for having. Ken Clark passed us by, 18 bright and articulate. 19 Now there are, and there were, 20 and I'm glad we moved away from that notion of 21 every now and then putting campaign managers or 22 someone from the political party because we owe 23 them something from the club to put them in that 1 position. It is too crucial an area. 2 So the two we have nominated 3 today, Saul Cohen and Sanford, bring to this 4 body, the Regents which ultimately is ours, the 5 kind of integrity, the type of quality that is 6 needed in our educational system today. 7 So I am proud, Mr. President, to 8 second the nomination of a good friend -- a 9 recent friend, but a good friend of mine -- Saul 10 Cohen. 11 ACTING PRESIDENT FARLEY: Senator 12 Waldon. 13 SENATOR WALDON: Thank you very 14 much, Mr. President. 15 I met Dr. Cohen when I was in the 16 Assembly. We had to negotiate some issues 17 regarding not only the university system but the 18 high school situation surrounding the 19 re-establishment of Townsend House High School. 20 The one thing that I learned about him during 21 those meetings and negotiations was his 22 commitment to excellence. 23 And when we live in a time where 1 young men who weigh 300 pounds and are 6'9" and 2 can do certain extraordinary things on the field 3 of football or people who can jump 42 inches in 4 the air are the objects of our adulation, it is 5 good to know that someone appreciates excellence 6 in the classroom, that someone wants to motivate 7 our children to realize their greatest potential 8 in terms of their ability to think and to 9 reason. 10 And I'm proud to say that I am 11 absolutely certain that Dr. Cohen has been, is, 12 and will always be someone who exudes this kind 13 of example for those of us who want our children 14 to be the best that they can be. 15 So out of respect for his 16 intellect, out of respect for what he has done 17 for the students in Queens County and, in fact, 18 the city and state of New York, I rise to second 19 his nomination. 20 ACTING PRESIDENT FARLEY: Senator 21 Marchi. 22 SENATOR MARCHI: Mr. President. 23 Much has been said and all of it true and I have 1 the feeling that even after we have taken this 2 action, we will feel that we understated the 3 case. I have known Saul Cohen for over 25 4 years, over a quarter of a century. And as 5 Senator Galiber pointed out, it was a joyous 6 experience, a learning experience, to work with 7 him on the commission that we served together 8 in. And I knew him many years before then. 9 In this great effort that goes on 10 in this state, the University of the state of 11 New York -- I believe it was within the last ten 12 years that we celebrated a milestone in terms of 13 historical origin the Regents of the state of 14 New York and the University of the state of New 15 York -- not the State University, but the 16 University -- embodying as it does everything 17 that is within the ken of learning, within the 18 ken of education, calling, vocation, all of the 19 distinguished attributions of humanity at their 20 highest and best manifestation, and Saul Cohen 21 exemplifies these qualities in such rich 22 measure, a kind of Renaissance person. 23 If you, just in sharing moments 1 with him and discussing a variety -- and I 2 believe you mentioned, Senator Gold, 3 international -- international dimensions of the 4 human family, just sharing some moments with him 5 was to share a wealth of experience. 6 So in terms of high intellectual 7 capacity, in terms of great commitment, in terms 8 of experience and a sensitive feeling, for the 9 members of our society, he does indeed engender 10 the respect that the University of the state of 11 New York enjoys throughout the country, and I 12 know that our educational system is under 13 attack. But this system has been preeminent. 14 It has not achieved all of its goals because it 15 has had the most severe challenges, but it is an 16 entity that can provide many of those answers. 17 And I join with my colleagues in 18 expressing the anticipation that the University 19 of the state of New York and the Board of 20 Regents will have a decided lift, and we 21 anticipate the feeling that he engenders, one 22 that will encourage us also to make commensurate 23 efforts to realize those objectives which the 1 board has so eloquently and so magnificently 2 exemplified throughout its entire history. 3 So we can not overstate this 4 individual because to know him is to say things 5 that are expansive and really are an effort to 6 find the dimensions of a very, very fine 7 selection. 8 ACTING PRESIDENT FARLEY: On the 9 confirmation of Dr. Saul Cohen as Regent-at 10 Large for the state of New York. The Secretary 11 will call the roll. 12 (Whereupon, the Secretary called 13 the roll. ) 14 THE SECRETARY: Ayes 59. 15 ACTING PRESIDENT FARLEY: The 16 resolution is adopted. 17 Senator Dollinger. 18 SENATOR DOLLINGER: Mr. 19 President. I just rise to introduce a 20 resolution to support James C. Dawson, Ph.D., 21 Dr. Dawson, as the final Regent for the Board of 22 Regents appointments. And' although I don't 23 know Dr. Dawson -- didn't participate in the 1 interviews and do not know him, I think what has 2 been said today about the others who have been 3 nominated and who have been confirmed by this 4 body for a position on the Regents demonstrates 5 the commitment of this state to the concept of 6 diversity among the members of the board. 7 I heard the eloquent testimony 8 from my colleagues to Regent Sanford and her 9 perspective; the eloquent commentary from a 10 number of my colleagues about President Cohen. 11 I just point out with respect to 12 Dr. Dawson that he brings another perspective to 13 the Board of Regents as one of the 60 best 14 educators in the state of New York as a 15 Distinguished Service Professor at the 16 University at Plattsburgh, and I would just add 17 as another comment in reviewing his resume, 18 anyone who can write at length about the 19 following topic, "An Archaeological Survey of 20 Bloomery Forage in the Adirondacks," and write 21 about it coherently, it seems to me brings a 22 unique perspective that ought to be joined on 23 the Board of Regents. 1 I would welcome his perspective 2 and his addition to the board along with that of 3 President Cohen and Regent Sanford that have 4 been confirmed here before. 5 With that, I move the 6 nomination. 7 ACTING PRESIDENT FARLEY: Senator 8 Dollinger, we have a bit of a procedural glitch 9 here that this resolution has not been handed up 10 as yet. We had it for Senator Ohrenstein. 11 Would the Secretary please read 12 the resolution. 13 Your remarks are in the record. 14 THE SECRETARY: Concurrent 15 Resolution, by Senator Ohrenstein, Concurrent 16 Resolution of the Senate and Assembly providing 17 for the election of James C. Dawson, county of 18 Clinton, Fourth Judicial District, as a Regent 19 of the University of the state of New York. 20 ACTING PRESIDENT FARLEY: Do you 21 wish to substitute? 22 THE SECRETARY: The Assembly sent 23 for concurrence the following resolution: 1 Assembly Resolution Number 406, Concurrent 2 Resolution of the Senate and Assembly, providing 3 for the election of James C. Dawson, county of 4 Clinton, Fourth Judicial District, as a Regent 5 of the University of the state of New York. 6 ACTING PRESIDENT FARLEY: Senator 7 Dollinger wishes to -- substitution is ordered. 8 Senator Dollinger, you have offered this 9 resolution. Anybody else on the resolution? 10 Call the roll. 11 (Whereupon, the Secretary called 12 the roll. ) 13 ACTING PRESIDENT FARLEY: 14 Negatives raise your hands, please. 15 THE SECRETARY: Those recorded in 16 the negative on the substituted resolution, 17 Assembly Resolution Number 406, are Senators 18 Bruno, Farley, Lack, Larkin, LaValle, Libous, 19 Marino, Pataki, Saland, Sears, Seward, Skelos, 20 Spano, Stafford, Tully, Velella, Volker and 21 Wright. 22 SENATOR GOLD: Mr. President. 23 ACTING PRESIDENT FARLEY: Senator 1 Gold. 2 SENATOR GOLD: I think Senator 3 Kuhl voted in the negative before he walked out 4 a moment ago. 5 ACTING PRESIDENT FARLEY: Senator 6 Kuhl is in the negative also. 7 THE SECRETARY: Ayes 40. Nays 8 19. 9 ACTING PRESIDENT FARLEY: The 10 resolution is adopted. 11 Senator Present. 12 SENATOR PRESENT: Mr. President, 13 there being no further business, I move we 14 adjourn until tomorrow at 11:30 a.m. 15 ACTING PRESIDENT FARLEY: The 16 Senate stands adjourned until tomorrow at 17 11:00. That's 11:00 o'clock sharp -- 11:30. 18 I'm sorry. 11:30 a.m. 19 (Whereupon, at 6:18 p.m., the 20 Senate adjourned. ) 21 22 23