Wednesday, March 17, 1993

1123 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 March 17, 1993 11 3:08 p.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 1124 1 ACTING PRESIDENT FARLEY: The 2 Senate will come to order. Senators will find 3 their places. 4 Will you please rise for the 5 Pledge of Allegiance to the Flag. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 Today, in the absence of clergy, 9 we'll bow our heads for a moment of silent 10 prayer. 11 (A moment of silence was 12 observed. ) 13 ACTING PRESIDENT FARLEY: 14 Secretary will begin by reading the Journal. 15 THE SECRETARY: In Senate, 16 Tuesday, March 16th. The Senate met pursuant to 17 adjournment, Senator Daly in the chair upon 18 designation of the Temporary President. Prayer 19 by the Reverend Vincent Gordon of Bethany Chapel 20 of Brooklyn, New York. The Journal of Monday, 21 March 15th, was read and approved. On motion, 22 session -- on motion, Senate adjourned. 23 ACTING PRESIDENT FARLEY: Hearing 1125 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. Senator Mega, chairman of the 10 Judiciary Committee. 11 SENATOR MEGA: Thank you, Mr. 12 President. 13 From the Executive Chamber dated 14 February 22nd, 1993: To the Senate: Pursuant to 15 the provisions of Section 2 of Article VI of the 16 Constitution and the provisions of subdivisions 17 (2), (3) and (4) of Section 68 of the Judiciary 18 Law, I hereby nominate as chief judge of the 19 Court of Appeals, Judith Smith Kaye, of New York 20 City, to fill the vacancy caused by the 21 resignation of Sol Wachtler. Signed, Mario M. 22 Cuomo, Governor. 23 Mr. President, this is the report 1126 1 to the full Senate that the Judiciary Committee 2 met this morning for approximately three hours 3 and took testimony relative to the qualifica 4 tions of Judge Judith Smith Kaye, and before I 5 report completely on what occurred at the 6 committee meeting, at this time, I would like to 7 yield to Senator Cook for the purpose of moving 8 the nomination. 9 ACTING PRESIDENT FARLEY: Senator 10 Cook for the purpose of nomination. 11 SENATOR COOK: Mr. President, 12 thank you very much. 13 Going to start out by taking some 14 exception to what I think some of my colleagues 15 might be saying, which is that this is a histor 16 ic occasion because we are confirming the first 17 woman as chief judge of the Court of Appeals, 18 because auspicious as that may be and certainly 19 is, the real important thing is that we are 20 confirming the best candidate that could be 21 found for that office. That woman -- that 22 person happens to be a woman, and she happens 23 also, Mr. President, if I may indulge in a bit 1127 1 of parochialism, to be a native of the 40th 2 District and, in the tradition of -- following 3 in the tradition of another native of not only 4 the 40th District but, indeed, the same village 5 of Monticello, of Judge Cooke, Judge Lawrence 6 Cooke, who also I had the privilege of 7 nominating some years ago. 8 So this is a real double 9 privilege for me, and I want to tell you, Judge 10 Kaye, before I launch into this formally, that 11 there is a real celebration going on in 12 Monticello, in Sullivan County, at this time. 13 It's not the kind of thing that is fireworks and 14 popping champagne corks necessarily, but there 15 are a lot of people who know you personally and 16 who hold very warm memories and thoughts of you, 17 and who, within their hearts, are celebrating, 18 and within the conversation of the community are 19 celebrating this great occasion with you. 20 As I indicated, Judge Kaye was - 21 is a native of Monticello, graduated from high 22 school in that community, and then moved on to 23 other locales to pursue her legal career, 1128 1 attending college at Barnard College and later 2 attending New York University Law School. She 3 nevertheless is a distinguished favorite 4 daughter of Sullivan County and of Monticello, 5 and Judy Smith is a person who is held in - 6 with great warmth in the thoughts of many people 7 down there. 8 It serves little purpose probably 9 to dwell upon Judge Kaye's legal qualifications 10 since they are so well known. I wanted to share 11 just a couple of personal thoughts for a moment, 12 that I found out this morning in talking with 13 her that she and I share some common experi 14 ences. Both -- we are both farm -- farm kids, 15 born on farms in adjoining counties, and we also 16 attended one-room schoolhouses and, as chairman 17 of the Education Committee, I find it's 18 interesting that the chief judge indeed can be a 19 product of a one-room school which is -- she and 20 I are probably ones of the very few people of 21 our general age category who share that 22 background. 23 But Judge Kaye indeed is a 1129 1 distinguished jurist. She has been an active 2 and respected participant in formulating the 3 legal opinions of the Court of Appeals since her 4 original appointment in 1983. Her sharp mind is 5 evidenced by her questioning of the parties and 6 her grasp of the issues that are central to the 7 cases which appear before the court, and her 8 votes on the court have been motivated by a 9 respect for the law and for precedents and by a 10 reading of the Constitution that is strongly 11 steeped in personal individual rights. 12 Mr. President, out of custom, I 13 will briefly recite some of Judge Kaye's 14 remarkable biography, but I would preface this 15 reading by saying that the thing that really 16 matters is her deep personal traits of 17 intelligence, of dedication and integrity, and a 18 life that has been devoted in equal balance to 19 her public duty and to her family 20 responsibilities. 21 As I said, Judge Kaye graduated 22 from Monticello High School as Judith Smith 23 then, graduated from Barnard College, later 1130 1 enrolled in New York University Law School. She 2 was associate editor during her law school 3 career of the Law Review, graduated cum laude in 4 1962. She became a litigation associate and 5 then later a partner in Olwine, Connelly, Chase, 6 O'Donnell & Weyher in the year 1969. Prior to 7 that, she was an assistant to Dean Niles at the 8 New York University Law School, worked for a 9 year with the IBM corporation, and had worked 10 for a time with Sullivan & Cromwell, another New 11 York City law firm. 12 Judge Kaye is married to Stephen 13 Rackow Kaye, himself a New York attorney, I be 14 lieve a native of Rockland County. Their chil 15 dren, Lisa, Jonathan and Gordon, have disting 16 uished themselves in a variety of ways, ranging 17 from law to engineering to linguistics to sports 18 management. In fact, she tells me at this point 19 that one of her children is in Europe skiing and 20 the other one is in Europe playing -- playing 21 hockey. So they indeed are very active people. 22 Judge Kaye's service in a variety 23 of prestigious panels and positions is document 1131 1 ed in a list which occupies an entire page and 2 which I will not, mercifully, read to you at 3 this time, but which all the members have 4 available to them, and her list of published 5 writings is of equal length. 6 In one newspaper column which 7 dwelt on Judge Kaye's personal characteristics, 8 one lifetime friend is quoted as speculating as 9 to "how her soft voice would be heard in a 10 courtroom." Mr. President, I predict that not 11 only will her voice be heard in the courtroom 12 and in courtrooms across the state of New York, 13 but indeed they will echo across this nation as 14 she will be even better known as a distinguished 15 scholarly and compassionate administrator and a 16 leader for this, one of the greatest courts in 17 the nation over which she will preside. 18 Thank you. 19 ACTING PRESIDENT FARLEY: Senator 20 Mega. 21 SENATOR MEGA: Yes. Thank you, 22 Mr. President. 23 A second on the nomination, and 1132 1 Senator Cook has said it all so well, and really 2 covered what had to be said about the new chief 3 judge or soon-to-be chief judge of the Court of 4 Appeals of the state of New York. 5 Knowing that the Governor once 6 played baseball, I likened this situation to a 7 baseball game. The judiciary is losing three to 8 nothing in the top of the ninth, and up comes 9 Mario Cuomo to bat, and he hits a home run with 10 the bases loaded and wins the game, and that's 11 what I believe the Governor has done in this 12 situation. He's hit a home run with the bases 13 loaded at a time when we need the kind of 14 leadership that Judge Kaye will bring to the 15 court. 16 Merit, experience, ability, human 17 decency, intellectual scope, they are the 18 characteristics we look for in a chief judge, 19 and from all that I've heard during the process 20 and all that I've learned about Judge Kaye, she 21 possesses all of these characteristics. 22 The Judiciary Committee met, as 23 I've indicated, for almost three hours this 1133 1 morning and took testimony and made the kind of 2 record that is to be made when we do something 3 of such importance that affects all the people 4 of the state of New York in such really a 5 personal way, even though many of them may not 6 realize that until some day they might come into 7 contact with the judicial system. 8 So I think we do an extremely 9 important thing today by confirming a judge who 10 has the outstanding qualifications and 11 credentials to lead the Court at a very serious 12 time. It's well known that Judge Kaye was on 13 President Clinton's short list for the position 14 of U. S. Attorney General. Many have said that 15 her stated preference to remain in the Court of 16 Appeals is the President's loss and our gain, 17 and I certainly agree with that. 18 Leadership, as I've indicated, 19 surely is a crucial one at this period of time 20 in the history of this great court, and it is a 21 great court, for the Court of Appeals is a 22 judicial body that has been known more in the 23 words of one observer for its consensus than 1134 1 contentiousness and, based on all that I've come 2 to know and all that the members of the 3 Judiciary Committee have come to know about 4 Judge Judith Kaye, she promises to continue to 5 be that way when she becomes the chief judge. 6 Again, it was loud and clear from 7 the testimony that you are a leader, you are a 8 scholar, you are a student of the law, and there 9 was some concern about the leadership aspect 10 but, after listening to the testimony, the 11 Committee is well satisfied, and I'm certainly 12 well satisfied that you will bring the kind of 13 leadership needed in the Court at this very 14 crucial, crucial time. 15 So I thank all the members of the 16 Judiciary Committee, the ranking minority 17 member, Senator Leichter, and all of the members 18 that participated to make the system work, and 19 it does work. You know, sometimes there's an 20 indication that maybe we should be more like the 21 federal system. I say nay. I say that our 22 system is better, and it's stronger than the 23 federal system, because we have not politicized 1135 1 it. We have taken the best and have put the 2 best on the Court of Appeals and that's what 3 we've done in nominating and confirming shortly 4 the new chief judge of the Court of Appeals. 5 We have not "Borked" anybody. We 6 have not tried to make anybody look bad during 7 the confirmation process, because that's not 8 what it's about. What it's about is getting the 9 best qualified person to sit on that court and, 10 in this instance, we have done that. So I am 11 proud to be part of this process. 12 I second the nomination of the 13 new chief judge of the Court of Appeals, Judge 14 Judith Smith Kaye, and I wish you and your 15 family well, and I say I wish for you and your 16 family what I wish for myself and my family, 17 continued success and, most of all, good health, 18 good health; and any way that I, as chairman of 19 the Judiciary Committee, can be helpful in your 20 new duties, I certainly would try to be. 21 Congratulations. 22 ACTING PRESIDENT FARLEY: Senator 23 Nolan. 1136 1 SENATOR NOLAN: I'm going to be 2 brief, because I have a throat that makes it 3 very difficult for me to speak today and a lot 4 of people probably think that's pretty good. 5 But, Judge, I just first want to 6 take the opportunity to congratulate Mario Cuomo 7 on naming Judith Kaye to this great position as 8 chief judge of the Court of Appeals. 9 It's been said before, but it 10 certainly was a tremendous choice. Judith Kaye 11 has been a brilliant lawyer, a great judge. She 12 has written some tremendous opinions. She has 13 -- her writings really are some of the sharpest 14 writings that I personally have seen in the 15 Court of Appeals in many, many years. 16 And so, although the fact that 17 Judge Kaye is a woman is certainly a historic 18 first, but even more important she was the best 19 qualified person to become the chief judge of 20 this Court of Appeals. 21 She follows a -- comes from a 22 very illustrious place, Monticello, New York. 23 My -- one of the three senior law partners in my 1137 1 law firm, Richard Weiner, who comes from an old 2 family down in Monticello, and he said to say 3 hello to you, Judge, so Joe Wasser, there's been 4 so many great people from down there, and you 5 certainly -- are certainly not the least but 6 moved to the front of all of these great folks 7 from Monticello. 8 I also want to point out that 9 Judge Kaye also happens to be a woman for all 10 seasons. Lo and behold, last summer I was part 11 of an official delegation of the city of Albany 12 to the city of Verona, and lo and behold, who 13 wound up going to the opera one night with us, 14 it was Judge Kaye and her husband, and she 15 certainly is a great fan of opera, and I know 16 you'll continue that as well as being a great 17 judge. 18 So I'm pleased and happy to 19 second this nomination, Judge, and God bless and 20 Godspeed, and I know you'll do a great job in 21 leading this court forward. 22 ACTING PRESIDENT FARLEY: Senator 23 Smith. 1138 1 SENATOR SMITH: Thank you, Mr. 2 President. 3 Since her appointment as 4 associate judge to the Court of Appeals in 1983, 5 Judge Kaye has illustrated her clear 6 understanding of the law, and she has helped 7 shape the judicial protocol of the state and has 8 enlightened the court's decisions with her 9 unique and vibrant persona. 10 Judge Kaye is clearly one of the 11 most astute jurists in this country. She has 12 the credentials, temperament and the vision to 13 lead the New York State Court of Appeals into 14 the next century. 15 I applaud Governor Cuomo for 16 making this nomination. I applaud all of you 17 for voting for Judge Kaye, and I know that she 18 will represent all of the people of the state of 19 New York, but especially the majority, the women 20 of the state, who are extremely proud of you and 21 we hope to be here behind you in every way 22 possible. 23 Congratulations! 1139 1 ACTING PRESIDENT FARLEY: Senator 2 Galiber. 3 SENATOR GALIBER: Thank you, Mr. 4 President. 5 I rise to join my voice with my 6 colleagues who have so many good things to say 7 about this candidate. 8 I had the -- the Governor and I 9 don't always agree, Mr. Chairman. From time to 10 time, we go in different directions. Every now 11 and then, though, he does some good things and 12 we are glad then to support him. This is one of 13 the better things that he has done. 14 This justice of our court, soon 15 to become judge -- chief judge of the Court of 16 Appeals, as I listened to the comments this 17 morning, and I knew them all along, all those 18 good things that were said, some nine and a half 19 years ago I had the opportunity to hear some 20 things that led me to believe that nine and a 21 half years later, they would certainly be better 22 than they were then. Such things as compassion 23 which you don't hear often in the judicial 1140 1 branch of government, even-handed treatment, and 2 this young person who brings so much dignity to 3 our court, an even-handed administrator, that's 4 what she will be, an even-handed administrator, 5 as she metes out justice in the state of New 6 York. 7 Love of people, dignity, some of 8 our communities that I come from where they give 9 persons extra credit for life experiences. They 10 give them so much credit in college because of 11 what they've done in their life experience. 12 Judge Kaye has so many qualifications just in 13 life experiences, which is rare in our judicial 14 process or branch of government. 15 I had an opportunity to question 16 Judge Kaye, no, just to make some observations 17 because I don't think any of us really 18 questioned her. I mentioned at the end that she 19 had been instrumental, along with the last 20 appointment, and that was Bundy Smith converted 21 me from a merit -- back to a merit system, not 22 back to a merit system but to a merit system 23 which I had some doubts about before because 1141 1 I've been around long enough to know that some 2 20-odd years ago, when you mentioned merit, 3 merit was used to exclude people, not to judge 4 their qualifications. So I have been 5 converted. 6 I talked to Judge Kaye this 7 morning about some troubled areas, recognizing, 8 of course, as we all know that racism in our 9 judicial system is alive and doing well and 10 pointing up that, as a result of the former 11 justice, judge, chief judge of the Court of 12 Appeals, who recognized and was sensitized also, 13 asked for some report, the Franklin Williams 14 report, and a couple of other task forces, which 15 meant that things weren't happening in our 16 judicial system as they should be, and she 17 assured us that she would carefully, carefully 18 take all those factors into consideration and 19 she could do that with ease because being the 20 person that she is, with that experience that 21 she has had, the outside experience, this living 22 experience, assured me that she will be fair and 23 just and careful as to who is picked as 1142 1 administrator for her to see to it that some of 2 the troubled areas that she is aware of will be 3 resolved. 4 So I am happy that our system is 5 working. I was privileged to meet some good 6 friends this morning, old friends, and I want to 7 take this opportunity, Mr. Chairman, to thank 8 you for running such a great judiciary, as you 9 have since you've been the chairperson. I was 10 honored and privileged to be your ranking 11 minority at one time, but Franz Leichter came 12 and pushed me out a little bit, and that was 13 O.K., because it came in good hands. 14 But I had an opportunity to 15 reflect back, John Marchi, Senator Marchi, and 16 Dick Bartlett, who was there saying good, kind, 17 honest things this morning; Judge Hugh Jones 18 again, who I was privileged to serve with on the 19 Jones Commission -- that was a knee-jerk 20 reaction to the Attica situation -- and a few 21 others. 22 So, Judge Kaye, I'm very happy 23 for you, and I'm happy for your family and, most 1143 1 of all, I'm happy for the people of the state of 2 New York, your coming on board. 3 ACTING PRESIDENT FARLEY: Senator 4 Ohrenstein. 5 SENATOR OHRENSTEIN: Mr. 6 President, I'd like to yield to Senator Leichter 7 who is the ranking member on Judiciary, for the 8 purpose of seconding this nomination. 9 ACTING PRESIDENT FARLEY: Senator 10 Leichter. 11 SENATOR LEICHTER: Mr. President, 12 I'm happy to join my colleagues here in second 13 ing this nomination. 14 As much as a confirmation, this 15 is also a celebration. It's a celebration 16 because it's a historic moment. We're about to 17 confirm the first woman as chief judge of the 18 state of New York. Unfortunately, it took us 19 some 200-plus years to reach this point and, 20 unfortunately, we've only had one woman serve as 21 an associate justice, and that happens to be 22 indeed the person that we're about to confirm as 23 chief judge. But this is a step forward, a 1144 1 significant step forward. 2 It's also a celebration because 3 we're filling this post with a person of 4 outstanding qualifications. We are really, 5 indeed, fortunate that we have found somebody 6 with the excellent credentials of Judge Kaye. 7 Make no mistake about it. This is a very, very 8 special appointment. This is a special person. 9 This will be an outstanding chief judge, and I 10 think that's particularly important because we 11 had as predecessor an outstanding chief judge. 12 And it must be said, and I think we all very 13 much feel the pain and the tragedy which created 14 the vacancy, and sometimes when you have a 15 situation with that pain one doesn't talk about 16 it, but I would hope that there would be an 17 occasion where we as a Legislature as well as, I 18 would hope, other segments of our society, the 19 bar and so on, would celebrate the outstanding 20 work that Judge Wachtler did, and irrespective 21 of whatever may have happened, the fact is that 22 he was an outstanding chief judge, and that 23 needs to be recognized and makes it all the more 1145 1 important that we have found somebody who will 2 carry on in the same outstanding tradition. 3 And let me say the style may be 4 different, and I'm sure that Judge Kaye will 5 bring to this position her own method, her own 6 manner, but nobody should make any mistake that 7 she will have that commitment, that conviction 8 and that fight for those issues and those 9 matters that are important for the judiciary, 10 just as Judge Wachtler did. 11 You've heard of the outstanding 12 record that she has had as a member of the bar, 13 as a member of the Court of Appeals. She brings 14 intelligence; she brings clarity, candor, a 15 succinctness. I just want to say that she 16 exhibited at the hearing today an ability to 17 answer questions in a very simple, clear, 18 understandable manner. There are some judges 19 whose skill or profundity is based on the fact 20 that nobody understands what they say, so the 21 belief is that they must be very profound. This 22 is a judge whose skill is to be very clear, and 23 what makes her profound is the fact that you can 1146 1 understand what she says. 2 Let me say that I know that she 3 is an extremely hard worker because of a 4 personal experience I had. Unaccustomed as I am 5 to get to my office early, I did so this morning 6 and I look in the hall and I see two people 7 walking around. They looked a little lost. I 8 figured they were constituents complaining about 9 the budget; and no, indeed, it was Judge Kaye 10 and her husband who, if he hasn't been 11 introduced yet, I'm sure will be, a 12 distinguished member of the bar. They were 13 looking for some legislators to shake hands 14 with. None of us were around that early. But I 15 think that's the sort of work ethic she's going 16 to bring to the position and, indeed, that she's 17 exhibited. 18 This is also a celebration 19 because we celebrate how well the system works 20 for choosing our judges of the Court of 21 Appeals. We have really had the outstanding 22 bench in the United States, and the merit system 23 has worked exceptionally well. It's brought 1147 1 really the best that we have to offer to this 2 very important court, and we certainly do that 3 today. We bring the very best to be the head of 4 that court, the chief judge. 5 I'm delighted to second the 6 nomination of Judge Judith Kaye for chief judge 7 of the state of New York. 8 Thank you. 9 ACTING PRESIDENT FARLEY: Senator 10 Ohrenstein, you still have the floor. 11 SENATOR OHRENSTEIN: Mr. 12 President, I'm delighted to join in Senator 13 Leichter's seconding of this nomination and 14 delighted to be here to participate in this 15 very, very important moment in the history of 16 the state of New York, and I'd like to say a 17 couple of things. I want to talk a little bit 18 about the nominating process here. I want to 19 talk a little bit about the Court of Appeals 20 and, obviously, I want to talk about Judge 21 Kaye. 22 First of all, I think once again 23 this nomination and the process that was follow 1148 1 ed in the wake of a very great governmental and 2 personal tragedy vindicates the process which 3 this Legislature set in motion some five or ten 4 years ago. We are an outstanding example in 5 this state of a non-partisan merit selection 6 process with regard to the Court of Appeals. 7 I wish I could say that we've 8 followed that process with regard to all 9 judicial nominations but, as the ways of the 10 Legislature and of politics may be, we have not 11 reached that point yet. But we certainly can be 12 very proud here, on a non-partisan basis, of the 13 process that is being followed here and that has 14 been followed with regard to the Court of 15 Appeals for some decade and a half. It is 16 non-partisan. It is a merit selection process. 17 It has produced some of the finest judges we 18 have ever had on this bench, and it has 19 produced, in my opinion, the finest court in the 20 country. 21 So that I think it bears saying, 22 and I said it when Judge Bundy Smith was -- came 23 here for confirmation, because it was again an 1149 1 example of a process that reached out and was 2 able to produce a very, very fine nominee and 3 again, here in a very crucial, very difficult 4 time, we come to the fruition of the process in 5 terms of the nomination and of -- and the 6 appointment of a highly highly qualified 7 individual. So that we should be very proud of 8 it, and perhaps we will all learn something from 9 it and begin to strengthen that process and to 10 extend it to other parts of the judiciary. 11 Secondly, I want to say something 12 about the Court of Appeals, our Court of 13 Appeals, and this is a little bit political and 14 please forgive me because I know that some 15 people on the other side of the house may 16 disagree with some of this, but we have been 17 through a decade -- over a decade in the United 18 States, of struggles about our judicial system 19 and I'm referring to the struggles -- the very 20 political and ideological struggle that has 21 taken place in this country with regard to the 22 Supreme Court of the United States. We can, at 23 one and the same time, be extraordinarily proud 1150 1 of our system, because our system has prevailed 2 during very difficult times and has functioned 3 during very difficult struggles that were 4 political and ideological, and on the question 5 of merit, on the question of some of the most 6 moving and profound issues that this country has 7 been faced with. 8 But in -- in that struggle, in 9 those struggles institutionally, we are set up 10 with a series of checks and balances between the 11 three major portions of government, and the 12 court system is one of them, and the Supreme 13 Court of the United States, of course, is the 14 most important court in the country and has the 15 power to determine some of these very, very 16 profound issues. 17 There are many of us who have 18 found the Supreme Court wanting from time to 19 time. As I said before, that's a -- that is a 20 conclusion which obviously there is some -- a 21 lot of disagreement on, but at least it ought to 22 be said that that was the case and that, as a 23 result of the way the Supreme Court has 1151 1 functioned over the last 10 or 15 years, or 2 maybe even 20 years -- I can't count the 3 years -- there has been a profound disagreement 4 with the -- with the way that court has gone and 5 in the way that court has dealt with some of the 6 very profound issues before it, and -- but no 7 one can gainsay that the court functioned 8 legally and according to the dictates of our 9 system. 10 The reason I say this is not to 11 get into a political controversy, but during 12 that time the Court of Appeals of the state of 13 New York was and became the bellwether court of 14 this country, because when the Supreme Court in 15 its wisdom began to walk away from some of the 16 decisions it had put into place some decades 17 ago, whether they related to civil rights or 18 civil liberty or to the function of the federal 19 system or to the function of the system of 20 checks and balances in our system, when that 21 court took a certain position which at least 22 some people in this country disagreed with, it 23 was the Court of Appeals of this state who, 1152 1 again and again, examined and re-examined these 2 decisions, these issues, as they came before it 3 on a case-by-case basis, and exhibited a wisdom 4 and a profound understanding of the mandates and 5 the imperatives of the American system of 6 democracy which were parallel to none. 7 So we can be extremely proud that 8 during that decade and a half or for however 9 many years, it was this court, and it is this 10 court that discharged that responsibility to the 11 people of this state and made an example to the 12 people of this country as to where judicial 13 opinion and judicial policy should go. 14 I dare say that, as the new 15 Supreme Court or as the changed Supreme Court 16 begins to evolve during this administration and 17 subsequent administrations in Washington, we're 18 going to find that the United States Supreme 19 Court will be following and citing as precedents 20 many, many of the opinions that have been 21 written by this Court of Appeals over the last 22 two decades, and that they will begin to follow 23 some of the ground that was plowed by this Court 1153 1 of Appeals. 2 So I believe that we have every 3 reason to be proud of this court and to be proud 4 of the position this state as a result occupies 5 within the judicial system and within the 6 development of judicial policy and governmental 7 policy as enunciated by this court. 8 The reason I say all of this is 9 because it is extraordinarily important that, in 10 the wake of the tragedy facing us here, that 11 this court continue in that fashion and it has, 12 not only before but during the terrible events 13 which have played out here during the last four 14 months, and most important that it continue to 15 be a court which -- which follows and displays 16 the wisdom and the judgment and the discretion 17 that this court has done over the last several 18 decades, and that is why this particular 19 nomination is historic and of extraordinary 20 importance, because we are not just selecting 21 another associate judge of the Court of Appeals, 22 as important as that position is. We are here 23 voting on the chief judge of the Court of 1154 1 Appeals and, in our system, that chief judge is 2 not only a member of the Court of Appeals, but 3 is also a powerful supervising administrator of 4 the court system as a whole and, therefore, 5 needs to have the qualifications to discharge 6 that job as well. 7 And, in that regard, I, too, want 8 to join with my colleagues in congratulating the 9 Governor, in congratulating first of all the 10 nominating commission, for coming up with a 11 series of very, very wise and very effective 12 judges, but most of all for having put into the 13 picture as a suggested nominee that of Judge 14 Judith Kaye, an associate judge, presently 15 associate judge of the Court of Appeals, and I 16 want to join in congratulating the Governor for 17 having the wisdom to select her as the nominee 18 that he chose to forward to us for confirmation, 19 because I can't think of anybody that has come 20 under consideration for this position that could 21 discharge the responsibilities that I just 22 alluded to than -- better than Judge Kaye. 23 Her qualifications and her 1155 1 history has been talked about by others on this 2 floor, so I don't certainly have to enumerate 3 those, but what is important to say and the 4 reason I'm pausing a little bit, because I'm 5 trying to phrase this happily and 6 diplomatically. I would say what is most, 7 perhaps, proof of the pudding here, that we all 8 know that Judge Kaye, not by her own design but 9 by the design of people whose wisdom is -- goes 10 beyond that of the state of New York, had come 11 under consideration during this period for 12 another position which, by historic accident, 13 became very controversial. And so let's all 14 accept the compliment in terms of this state, 15 that it was Judge Kaye who was obviously under 16 consideration by our new President for Attorney 17 General of the United States. 18 I have no knowledge of the facts 19 any more than the rest of you do except by what 20 I read in the newspapers, but I assume the 21 newspapers weren't entirely wrong, and I would 22 dare say that had Judge Kaye chosen to play in 23 that game -- and I don't know whether it was 1156 1 offered to her or not; only she knows that, and 2 the President knows that -- but had she entered 3 that game, that she probably would have been 4 taken away from us and would now be serving in 5 that position. But I consider it an enormous 6 compliment that, for whatever reason, that Judge 7 Kaye chose to remain here at her post during 8 this very important time and chose this as the 9 preferred route for public service which she is 10 now engaging. 11 So, as I said before, I think we 12 -- there is no one who could have been better 13 qualified or is better qualified for this very, 14 very enormously important position during this 15 time. 16 Finally, I have to say 17 personally, I've known Judge Kaye for some years 18 and her husband, who joins her in the gallery. 19 She is a constituent of mine, and she's even a 20 neighbor in -- on the West Side of Manhattan. 21 And so I am personally delighted, both in terms 22 of merit and the very profound historic 23 opportunity we are now discharging. 1157 1 I'm also personally delighted on 2 behalf of myself and my family, and our 3 neighborhood, for seeing Judge Kaye here today 4 and for being able, with great joy and in 5 celebration, to cast this vote in the 6 affirmative. 7 THE PRESIDENT: Senator 8 Stafford. 9 SENATOR STAFFORD: Mr. President, 10 I was very fortunate a number of years ago. 11 Judge Kaye had just been appointed to the Court 12 of Appeals, and she gave the commencement where 13 I attended with she and her husband. I was not 14 only impressed by her eloquence but also her 15 reasonable brevity. We have problems with that 16 here, Judge, but we'll -- we're working on it. 17 I have to say that I was here too 18 when we changed the law as far as the Court of 19 Appeals members being appointed or elected. Of 20 course, they're now appointed, and I, too, agree 21 that this certainly is an example of the system 22 working very well. 23 I also am impressed by the 1158 1 members of the judiciary who have supported 2 Judge Kaye's appointment, as has been indicated 3 here today by Judge Jones on her left, and the 4 presiding justice of the Appellate Division, 5 Third Department, Judge Weiss, here today and we 6 all know, and again everyone should be 7 complimented, as has been mentioned, that we 8 have a chief justice who will serve in the same 9 manner as Learned Hand, Benjamin Cardozo, and 10 continue to make the Court of Appeals of the 11 state of New York the finest court in the 12 nation. 13 THE PRESIDENT: Senator Larkin. 14 SENATOR LARKIN: Thank you, Mr. 15 President. 16 I had the privilege of 17 representing Sullivan County for a number of 18 years with my good colleague, Senator Cook, and 19 I heard the judge's name mentioned about how she 20 used to come home and how the people in Small 21 wood always thought about her in the store and 22 there was always that warmness, and it was 23 always that roots coming home, understanding, 1159 1 compassion, concern. 2 Since this opening took place a 3 few months ago, some of those people that I call 4 constituents called me and said, Don't forget 5 her. She's not just a lawyer. She's just not a 6 person on the bench. She is a responsible, 7 dedicated, committed person. 8 When you talk about roots, I 9 remember when I came to the Senate body, my 10 91-year-old aunt, I called her and told her I 11 won. Her comment was, Don't forget where you 12 came from. And I think that's what we're saying 13 about this charming lady. 14 But I think one of the things 15 I've heard here today is we've made great 16 strides. We now have a woman as our chief 17 judge. Being the proud father of two daughters, 18 I would rather say we made history, that's 19 right; we prevailed, and the best candidate, not 20 a woman among women, but a candidate among 21 candidates, not breaking ice but ensuring that 22 the person that was going to lead that court was 23 the best qualified. 1160 1 You know, we were fortunate in 2 the Hudson Valley. We had Judge Cooke, and what 3 a wonderful successor down the line. I think 4 that those of us in this chamber and the people 5 in the state of New York, and especially us in 6 the Hudson Valley who know of her background and 7 her concern, and have had a chance to understand 8 her rationale and reasoning for why and what, 9 clearly understand that today this confirmation 10 is of an individual who is the highest 11 qualified, the best qualified, and the only 12 qualified. 13 Congratulations. 14 THE PRESIDENT: Senator Marchi. 15 SENATOR MARCHI: Mr. President, 16 Senator Mega justifiably pointed with pride to 17 his staff and to the members of the Committee 18 and reflected a feeling that he must have sensed 19 flowed from the members of that Committee on the 20 way in which he presided and conducted the 21 hearing that we had this morning and, indeed, 22 the entire process as he likes to refer to it. 23 The felicitous underlying fact, 1161 1 of course, also enhanced the pride which we all 2 felt because he was working and passing on a 3 candidate of unusual merit, and it was a very 4 felicitous matching of consideration going to an 5 eminently qualified candidate for the position. 6 In piecing together the mosaic 7 that makes up Judge Kaye, there are many ele 8 ments, many pieces; and allusions and references 9 were made to professional qualifications, 10 professional acuity, the intelligence, mastery, 11 judgment, so many different factors, and to that 12 have to be added, I believe, broad-gauged taste 13 and educational background. These tastes have a 14 -- not a capital "C", catholicity, a broad 15 gauged grasp of moral values, cultural values, 16 and they enhance the entire process, because the 17 most prosaic and pedantic consideration in the 18 world may contain a lot of wisdom, but unless it 19 is animated and it is given dimensions that we 20 can embrace, that engages the hearts as well as 21 the souls of people, it is not going to be as 22 operative and make a difference. And all of 23 these factors were there. 1162 1 You had the family, the family 2 being cut from the same bolt of cloth because 3 they brought in so many different tastes and 4 interests that reinforced and gave life to 5 anything that they addressed and, in her case, 6 this single devotion when it came to public 7 responsibility in defining issues that were very 8 important to all of us. 9 Senator Galiber and myself shared 10 some of our deeply felt concerns with her, not 11 that it's going to lead to anything, not with 12 the expectation that it would conform to our 13 deeply felt concerns, but it was a dialogue 14 which we felt better in sharing it with her, and 15 I'd like to feel that she felt the same way in 16 receiving commentary and observations. 17 So I know that we're only a silly 18 millimeter apart, Senator Ohrenstein, and you 19 were projecting your "druthers" and I was 20 projecting mine, but I think both of us, both of 21 us know, both of us know and draw comfort from 22 the fact that judgment, intelligence, character, 23 these factors all come together so that we both 1163 1 -- we both could draw considerable comfort 2 knowing that you will be there and caring for it 3 in your accustomed manner, and this I feel 4 institutionally adds to the strength of this 5 state. 6 People say, well, gee, you're 7 walking in on a very difficult situation, and 8 all of us are in the middle of a very difficult 9 situation. But the call is very special, so the 10 opportunity, if we look at it not as a -- as an 11 obstacle to be overcome but as an opportunity to 12 make that difference, in the face of great, 13 great challenges, then indeed it -- I think we 14 all mutually interact in circumstances such as 15 these to draw strength from it and we certainly 16 -- you certainly have our prayers and our hopes 17 and everything that -- and our best wishes, you 18 and your family, that you will draw comfort from 19 the proceedings here today, and that you -- when 20 you look to us, that you will be looking to a 21 resource, a resource of comfort and of strength 22 in carrying out your awesome responsibilities. 23 I join my other colleagues to - 1164 1 to move this confirmation, a most felicitous 2 one, as I pointed out earlier. 3 THE PRESIDENT: Senator Mendez. 4 SENATOR MENDEZ: Mr. President, 5 it is with great pride that I, as a woman, stand 6 up here today to also second the nomination of 7 this brilliant woman, Judge Judith Kaye, to be 8 the chief of the Supreme -- to be chief judge of 9 the Court of Appeals. 10 I will not talk about her 11 brilliant mind and brilliant legal career. I 12 will not talk about any of those issues. I just 13 want to mention, Mr. President, that one word 14 has been used, another great one to describe 15 what we're doing here today, and that is that 16 this is a moment in history. This is historic 17 and I, for one, think about all those brilliant 18 young women presently studying in all the 19 various law schools throughout the nation 20 contemplating the possibility of making a 21 contribution in the -- in the legal field, that 22 they will be looking upon Judge Kaye as the 23 model, the role model to follow because -- and 1165 1 the best that any young lawyer could aspire to 2 and that is a tremendous contribution. 3 We know that, even though in 4 today's world, one-third of the women who go to 5 law school, that finally are admitted and about 6 one-third of the graduates of law school are 7 women, we know that, but still we also know that 8 there are great barriers because today -- I love 9 all you guys -- it is still a man's world. So 10 that women do have greater barriers to go 11 through to obtain their goals. 12 I hope, and I know that Judge 13 Kaye will make all of us, not only women, but 14 all you residents of New York State and of the 15 nation proud, will make us proud of her judicial 16 -- judicial temperament and rational decisions 17 that she'll be making there. 18 But I hope that she -- I know 19 that she must know about that famous report that 20 came out of the Governor's Task Force on Judi 21 cial Diversity that has great recommendations as 22 to what both parties in the state of New York 23 should do to ensure that greater, greater 1166 1 representation, opportunity be given to Puerto 2 Ricans, African-Americans and Hispanics and 3 women and other protected classes to obtain 4 positions within the judiciary, and I hope that 5 in some way and I figure that if she, in some 6 way, will be able to, she will try to also 7 outside her immediate legal work that she might 8 also contribute there, because that situation, 9 for the benefit of all must eventually be 10 changed. 11 Finally, I really want to 12 congratulate Governor Cuomo and Senator Mega and 13 the members of the Committee and the process by 14 which Judge Kaye was selected. You know, it's 15 very funny, and I think so many times, Mr. 16 President, when I was elected to serve in this 17 great chamber, I became a member of the modern 18 courts, something or other, and I was very -- I 19 have always been very hopeful that that is the 20 best way that we should follow to be sure that 21 judges are, in fact, separated from the reach of 22 us politicians. 23 Well, that system has worked with 1167 1 the Court of Appeals. However, that system, in 2 my view, and I am very ambivalent about it -- I 3 never felt that I would be, but I am very 4 ambivalent about it -- that system is not 5 working that well in terms of providing genuine 6 opportunity for Puerto Ricans, African-Americans 7 and other minorities to become judges in the 8 city of New York and in the state of New York. 9 And so we must revise this 10 situation. These commissions always end up 11 finding a way not to submit names of minorities 12 that are also highly qualified to make a 13 contribution within the judicial system, but 14 since it goes for the Court of Appeals, we'll 15 rejoice in Judge Kaye's appointment, and we also 16 know that at last -- at least that system of 17 merit selection of judges has, in fact, once 18 more done an excellent job in -- in choosing the 19 highest qualified person that could possibly 20 serve there. 21 Congratulations, Judge Kaye. 22 THE PRESIDENT: Senator 23 Dollinger. 1168 1 SENATOR DOLLINGER: Thank you, 2 Mr. President. 3 I rise, I guess, for what I call 4 a very uncommon moment at least in my ten weeks 5 of experience in this chamber and, your Honor, 6 with all due respect, it really doesn't involve 7 some of the other issues that have been talked 8 about here. 9 What I find uncommon is that both 10 sides of the aisle have sung the praises of our 11 next chief judge. I'd like to talk -- first of 12 all, I'd like to commend Senator Mega for the 13 handling of the hearing with respect to Judge 14 Kaye. It seems to me that both handling the 15 hearing and handling the issues was very, very 16 well done and, as I said, is an uncommon event 17 that we, as the members of this body who tend to 18 have contentious moments, came together on this 19 nomination. 20 I want to talk, your Honor, just 21 about the common man, my startling question to 22 you on the common law, in what I think is a very 23 common moment, and that is the issue of 1169 1 nominating and approving a chief judge of the 2 New York Court of Appeals. It is something that 3 this body has done before, but it's unusual when 4 this Legislature gets the opportunity to elect 5 someone to something else. Usually we're in the 6 business of electing ourselves or electing our 7 peers, and we come together today to elect 8 someone to a coordinate branch of government, to 9 elevate someone in our system of checks and 10 balances between a legislative branch, an 11 executive branch and a judicial branch. We hold 12 the power to name that other branch of 13 government, and it seems to me that -- and I 14 will depart slightly from my colleagues who have 15 talked about the issue of gender because, for 16 me, that's not an uncommon factor. 17 For me to celebrate gender over 18 competence is to downplay the very skills that 19 have brought you to this day. They have been 20 sung by others. I won't sing them at any 21 greater length here, but I do want to touch on 22 the issue of the common man, the part of this 23 common law question that I asked you. 1170 1 My colleagues, Senator Galiber 2 and Senator Mendez, I think, talk about the 3 evolution of the common man as we've known it in 4 this country. Look around this chamber and 5 you'll see a different face on the common man. 6 It might not even be a man; it might be a woman, 7 might be a member of a minority, an African 8 American, a Puerto Rican, other minorities. 9 Our notion in this state of the 10 common man is changing. Our system of justice, 11 our system of common law, has to change too. 12 When I asked you the question about the common 13 law, and you said you were startled, I -- I only 14 wanted to emphasize that many of us in this 15 chamber believe that we make the law in this 16 state. We hold the power to make the law. 17 Those of us who have studied the law, studied 18 the tradition of law, realize that we are late 19 entrants into the business of creating law, that 20 it is common law courts, common law judges 21 applying the wisdom of their own experience and 22 their sense of fairness to a set of facts that 23 have generated the major portion and the major 1171 1 development of our system of law in this 2 country. 3 It's my hope, as I suggested in 4 the hearing today, that you will take the common 5 law as others have done before you, and that you 6 will drive it forward again to the next 7 century. Don't be afraid that the common law 8 may go too far. We hold the power in this 9 branch to tell you that you've gone too far if 10 that's what we determine. Take the common law, 11 make sure that it addresses the fundamental 12 issues of fairness for the growing and evolving 13 common man. 14 And lastly, it's my hope to you 15 that, as you take the mantle of the judge and 16 don the robe, that you won't let the burdens of 17 that system which too often we rely on for true 18 justice or true fairness, that you won't let the 19 burdens of that system overwhelm you personally 20 or overwhelm the court that we all revere. 21 When you see problems, don't 22 hesitate to say, This is an issue that deserves 23 legislative attention. Don't hesitate to be a 1172 1 product to force those of us who should be 2 looking out for the common man's interest to 3 make sure that we better represent him. It's my 4 hope that the solutions will both come from here 5 and be brought here. 6 I welcome you as the chief judge 7 of the New York Court of Appeals. As a member 8 of the coordinate branch of government, it's my 9 proud moment to -- my uncommon moment for me to 10 cast a ballot both in your favor and in favor of 11 this court and in favor of the system that we 12 all hold so dear. 13 Congratulations and good luck. 14 THE PRESIDENT: Senator Farley. 15 SENATOR FARLEY: Thank you, Mr. 16 President. 17 Justice Kaye, as a father of two 18 lawyers that are married to two lawyers, and as 19 a law professor and a lawyer, what a distinct 20 pleasure and honor it is for me to support this 21 nomination. 22 When I was in law school, I saw a 23 study that showed that there were less women 1173 1 lawyers than any other profession. Today in 2 almost every law school, the classes are equally 3 divided. And what a thrill it is for New York 4 State and for this chamber and for our Governor 5 to have appointed a woman to the generally 6 recognized premier and leading state court in 7 the nation; and, Judith Kaye, you were a pioneer 8 without a doubt as a lawyer and as a woman. 9 You, through your remarkable 10 career and how you progressed to where you are, 11 you make everybody proud, everybody in the legal 12 profession. The legal profession, as we all 13 know, is sometimes criticized, particularly this 14 body, and all the lawyers that serve here, but I 15 think it's an honorable profession and, as we 16 get more and more women that are rising stars 17 within our profession, maybe our entire image 18 will improve. 19 I am particularly proud to 20 support this nomination. Your competence is 21 even more significant than your sex, and let me 22 say that may your tenure be blessed with the 23 luck of the Irish in that you are being 1174 1 confirmed on St. Patrick's Day. 2 Congratulations. 3 THE PRESIDENT: Senator Sheffer. 4 SENATOR SHEFFER: Mr. President, 5 for several reasons, it's a source of great 6 pride for me to join in supporting and in 7 celebrating the confirmation of Judge Kaye as 8 chief judge. 9 Many Senators have paid tribute 10 to the extraordinary legal talent and judicial 11 temperament and personal dedication of Judge 12 Kaye. I want to speak to a slightly different 13 dimension of Judge Kaye's stewardship for this 14 state. 15 Over the last several years, I've 16 been privileged to serve with Judge Kaye and 17 several others on the Regents Visiting Committee 18 for the State Archives. When I was first asked 19 to serve on that body, I, frankly, assumed there 20 would not be enough caffeine on this planet to 21 keep one awake during meetings on the state 22 archives. As a result of the really exceptional 23 contributions of Judge Kaye and people like 1175 1 former Regent Chodos, that has been for me an 2 exceptionally interesting and productive 3 experience. 4 Last June, all of you voted in 5 this chamber for creation of a State Archives 6 Partnership Trust, which was a real tribute to 7 the work that Judge Kaye and that committee has 8 done. 9 My point is to say that, in 10 addition to her extraordinary tenure on the 11 Court of Appeals, Judith Kaye is the type of 12 person who has lent her talent and commitment 13 and time to efforts for this state that are 14 apart from her judicial role, and I think that's 15 something to be applauded by this house. 16 To his credit, Governor Cuomo has 17 brought great respect and pride to the state of 18 New York with the nomination of Judge Judith 19 Kaye, and it's an honor for me to join in urging 20 her confirmation. 21 THE PRESIDENT: Senator Onorato. 22 SENATOR ONORATO: Mr. President, 23 I rise to join my colleagues, and I heartily 1176 1 concur with everything that was said today about 2 her. I'm just going to recite a quote my father 3 told me when I was getting into politics, not 4 being an attorney: Learn to say a little bit 5 that means a whole lot. 6 So I'm going to quote from an 7 unknown source I heard this morning at a 8 confirmation hearing, that I am thrilled from 9 the top of my head to the tip of my toes that 10 you have been nominated, and I second the 11 nomination to your position. 12 Good luck and good health. 13 THE PRESIDENT: Senator 14 Hoffmann. 15 SENATOR HOFFMANN: Thank you, Mr. 16 President. 17 I rise with great pride to second 18 the nomination and join my colleagues in con 19 gratulating Judith Kaye on this memorable 20 occasion. Like everybody in this chamber, I am 21 thrilled to be here for this historic moment not 22 only because Judith Kaye is the first woman to 23 assume this august position but also because she 1177 1 is the most qualified individual under 2 consideration for the position, and I have a 3 rather secret fondness here that in speculation, 4 Judith Kaye may have actually had the 5 opportunity to take a federal appointment but 6 she decided that she would prefer to wait things 7 out and hope for this appointment instead. 8 Regardless of what the history 9 was in the national limelight and what the 10 history was in this arena, it is most certainly 11 our gain and the nation's loss that she's in New 12 York State, but we should be enormously proud to 13 have this opportunity. 14 My only regret is that Judith 15 Kaye was not able to be one of the justices 16 sitting on the recent reapportionment hearing 17 that we had. I wonder if our outcome might have 18 been a little bit different had she been one of 19 the voting members in that decision, and I look 20 forward to outstanding decisions in the years to 21 come. 22 Congratulations, Judy! 23 THE PRESIDENT: Unless there is 1178 1 any other Senator that wishes to speak, the 2 question occurs on the confirmation of the 3 nominee. All those in favor, say aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (There was no response. ) 7 The ayes have it. The nominee is 8 confirmed. Congratulations. 9 (Standing applause.) 10 THE PRESIDENT: Senator Daly. 11 SENATOR DALY: Mr. President, I 12 rise on behalf of a resolution that was 13 presented at the desk and, if I could have it 14 presented to the house. 15 THE PRESIDENT: The Secretary 16 will read the title. 17 THE SECRETARY: Legislative 18 Resolution Number 709, by Senator Daly and 19 others, honoring St. Patrick and all persons of 20 Irish heritage upon the occasion of the 1993 21 celebration of St. Patrick's Day. 22 THE PRESIDENT: Senator Daly is 23 recognized, and there will be order in the 1179 1 chamber. 2 SENATOR DALY: Mr. President, 3 this is the second year in a row I've been 4 privileged to carry this resolution, and I still 5 do it with enthusiasm, high spirit, but with 6 sadness, because when I look at this resolution 7 realize I'm carrying before the house, I can not 8 help but think back to a dear departed colleague 9 who carried this resolution for so many years 10 and, of course, I'm talking about our dear 11 friend, Senator Jim Donovan. 12 I feel very proud that I'm able 13 to succeed Senator Donovan in carrying this 14 resolution, and instead of having it read in its 15 entirety, because you've heard it before, I 16 thought I'd just look upon the idea and concept 17 of St. Patrick's Day, where it came from and why 18 we have it and what it means and really, when 19 you think about St. Patrick's Day and the fees, 20 the celebration, not the fees, but the 21 celebration of St. Patrick's Day, if you look 22 back at its beginning, you realize that truly it 23 started as an attempt of immigrants, by 1180 1 immigrants I should say, from a small and 2 persecuted island to try to demonstrate publicly 3 their presence in this great country and their 4 deserving of the same rights and privileges of 5 every other American, and sometimes we forget 6 that at that time there was a sign prevalent 7 through the this country, "Irish need not 8 apply," and it's to the credit of this nation 9 and this people that they have grown and pros 10 pered in this great nation of ours, and my 11 mother, God rest her soul, who came from Ireland 12 I always remember when I would sit down, Mr. 13 President, and complain about the food and my 14 mother would look and say to me, "Shut up and 15 thank God your father took the boat." 16 And I do thank God my father took 17 the boat because it gave me the opportunity to 18 live in a nation that knows no second in the 19 history of mankind, namely, our great country of 20 America. 21 But what started out really as an 22 attempt by the Irish to say we're here and we 23 deserve has gone beyond that, and you know, 1181 1 really, the St. Patrick's Day that we celebrate 2 today, it doesn't know any racial, doesn't know 3 any religious or national bounds. 4 St. Patrick's Day literally has 5 become a spirit and look at the celebration that 6 we have here in Albany. We have the Ohrensteins, 7 and we have the Cuomos, and we have the Marinos 8 and we have the Markowitzes, and we have the 9 Galibers who, by the way, I might announce Mr. 10 Chairman, has accepted, Mr. President, the 11 honorary chairmanship of the Irish party that 12 begins on the fourth floor next Monday, to which 13 all are invited. 14 And so really, it's a spirit. 15 It's a spirit which we all can relax, enjoy and 16 say isn't it great to be alive? Isn't it great 17 to have companionship? Isn't the human spirit 18 lifted by the fact that it can enjoy a cele 19 bration of life, glory in life, glory in living, 20 knowing that we can share that, we can share 21 that with each other, as I said, regardless of 22 our race, our religion, our color, whatever. 23 And so, truly, St. Patrick's day 1182 1 has evolved, Mr. President, and now it's 2 something I would hope that everyone can enjoy, 3 regardless of where their parents came from or 4 when they got here, but truly we can all enjoy 5 because we can enjoy each other and we can spend 6 a day enjoying each other and having fun, so to 7 speak, and I do believe, Mr. President, that 8 this one day which we enjoy with each other 9 means much more because truly it does -- it does 10 create a feeling of brotherhood, a feeling of 11 love for each other. 12 And so we ask you all to join us 13 next Monday -- of course, today is St. Patrick's 14 but next Monday is the day we will celebrate 15 here in Albany -- we ask you all to enjoy, to 16 join us so that we can enjoy you, you can enjoy 17 us, and we can all enjoy life and, as the Irish 18 say, God bless. 19 ACTING PRESIDENT FARLEY: Senator 20 Mendez, do you wish to speak to this resolution? 21 SENATOR MENDEZ: Mr. President, I 22 support wholeheartedly this resolution. I think 23 my colleague, John Daly, definitely defines the 1183 1 spirit of the parade in terms of sheer enjoyment 2 and sharing of culture and everybody is invited. 3 But, Mr. President, you mentioned 4 the Ohrensteins; Senator Daly, you mentioned the 5 Galibers. You mention everybody and you didn't 6 mention the Mendezes. 7 ACTING PRESIDENT FARLEY: Senator 8 Daly, I know why you rise. 9 SENATOR MENDEZ: Mr. President, I 10 just want to say in the spirit of the festivity 11 of St. Patrick's -- St. Patrick, I just want to 12 say, Erin go Bragh! 13 SENATOR DALY: I can't add to 14 that. 15 ACTING PRESIDENT FARLEY: Thank 16 you, Senator O'Mendez. 17 All in favor of the resolution, 18 say aye loudly. 19 (Response of "Aye.") 20 The resolution is unanimously 21 adopted. 22 Senator Holland. 23 SENATOR HOLLAND: Mr. President, 1184 1 I'd like to offer up the following privileged 2 resolution, ask that the title be read and that 3 it be adopted. 4 ACTING PRESIDENT FARLEY: 5 Secretary will read the title. 6 THE SECRETARY: Legislative 7 Resolution, by Senator Holland and others, 8 urging President William Jefferson Clinton to 9 implement the five recommendations on Irish 10 issues which would set in motion a constructive 11 United States policy in regard to the north of 12 Ireland. 13 ACTING PRESIDENT FARLEY: All in 14 favor of the resolution, say aye. 15 (Response of "Aye.") 16 Those opposed, nay. 17 (There was no response. ) 18 The resolution is adopted. 19 Do we have any other resolutions 20 on the floor? We have some motions. Senator? 21 SENATOR SEWARD: Yes, Mr. 22 President, on behalf of Senator Volker, on page 23 7, I offer the following amendments to Calendar 1185 1 55, Senate Print Number 1141, and ask that the 2 bill retain its place on the Third Reading 3 Calendar. 4 ACTING PRESIDENT FARLEY: Without 5 objection. 6 SENATOR SEWARD: On behalf of 7 Senator Saland, on page 8, I offer the following 8 amendments to Calendar Number 138, Senate Print 9 Number 2363, and ask that the said bill retain 10 its place on the Third Reading Calendar. 11 ACTING PRESIDENT FARLEY: Without 12 objection. 13 SENATOR SEWARD: Thank you. 14 SENATOR MEGA: Mr. President. 15 ACTING PRESIDENT FARLEY: Senator 16 Mega. 17 SENATOR MEGA: On page 12, on my 18 bill, I offer the following amendments to 19 Calendar Number 208, Print Number 2784, and ask 20 that said bill retain its place on Third Reading 21 Calendar. 22 ACTING PRESIDENT FARLEY: Without 23 objection, the amendments are received. 1186 1 SENATOR MEGA: Mr. President, I 2 now move to discharge the Committee on Finance 3 from Assembly Print Number 5959-A and substitute 4 it for the identical bill. 5 ACTING PRESIDENT FARLEY: 6 Substitution is ordered. 7 Senator Kuhl. 8 SENATOR KUHL: Yes, Mr. 9 President. On behalf of Senator Levy, could you 10 place a sponsor's star on Calendar Number 186, 11 Senate Print Number 2,000. 12 ACTING PRESIDENT FARLEY: 186 is 13 starred at the request of the sponsor. 14 SENATOR KUHL: Thank you. 15 ACTING PRESIDENT FARLEY: Senator 16 Present. 17 SENATOR PRESENT: Could we go to 18 the non-controversial calendar. 19 ACTING PRESIDENT FARLEY: We have 20 a couple substitutions. Could we do those 21 first? 22 SENATOR PRESENT: Yes, and then 23 non-controversial. 1187 1 ACTING PRESIDENT FARLEY: 2 Secretary will read the substitutions. 3 THE SECRETARY: On page 12 of 4 today's calendar, Senator Padavan moves to 5 discharge the Committee on Transportation from 6 Assembly Bill Number 3836 and substitute it for 7 the identical Third Reading 191. 8 ACTING PRESIDENT FARLEY: 9 Substitution is ordered. 10 THE SECRETARY: Also on page 12, 11 Senator Present moves to discharge the Committee 12 on Education from Assembly Bill Number 2868 and 13 substitute it for the identical Third Reading 14 194. 15 ACTING PRESIDENT FARLEY: 16 Substitution is ordered. 17 Secretary will do 18 non-controversial. 19 THE SECRETARY: On page 11, 20 Calendar Number 183, by Senator Marino, Senate 21 Bill Number 1776, authorize the city of Glen 22 Cove to sell and convey certain parcels of real 23 property. 1188 1 ACTING PRESIDENT FARLEY: Senator 2 Galiber. 3 SENATOR GALIBER: One day on 4 that, please? 5 ACTING PRESIDENT FARLEY: I 6 didn't hear. 7 SENATOR GALIBER: Lay it aside. 8 SENATOR PRESENT: For the day. 9 THE SECRETARY: Calendar Number 10 185, by Senator Bruno, Senate Bill Number 2186, 11 an act to amend the Real Property Tax Law, in 12 relation to residential improvement exemption in 13 certain cities. 14 ACTING PRESIDENT FARLEY: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT FARLEY: Call 19 the roll. 20 (The Secretary called the roll. ) 21 THE SECRETARY: Ayes 56. 22 ACTING PRESIDENT FARLEY: The 23 bill is passed. 1189 1 THE SECRETARY: Calendar Number 2 188, by Senator Johnson, Senate Bill Number 3 1284, an act to amend the Vehicle and Traffic 4 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 56. 13 ACTING PRESIDENT FARLEY: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 189, by Senator Lack. 17 SENATOR PRESENT: Lay it aside 18 for the day. 19 ACTING PRESIDENT FARLEY: Laid 20 aside for the day. 21 THE SECRETARY: Calendar Number 22 190, by Senator Marchi, Senate Bill Number 2531, 23 an act to amend the Public Authorities Law, in 1190 1 relation to permitting certain vehicles of the 2 United States armed forces. 3 ACTING PRESIDENT FARLEY: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect immediately. 7 ACTING PRESIDENT FARLEY: Call 8 the roll. 9 (The Secretary called the roll. ) 10 THE SECRETARY: Ayes 55, nays 11 one, Senator Leichter recorded in the negative. 12 ACTING PRESIDENT FARLEY: That 13 bill is passed. 14 THE SECRETARY: Calendar Number 15 191, substituted earlier today, by member of the 16 Assembly Silver, Assembly Bill Number 3836, an 17 act to amend the Vehicle and Traffic Law, in 18 relation to additional penalties for parking 19 violations. 20 ACTING PRESIDENT FARLEY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 1191 1 ACTING PRESIDENT FARLEY: Call 2 the roll. 3 (The Secretary called the roll. ) 4 THE SECRETARY: Ayes 54, nays 5 two, Senators Galiber and Waldon recorded in the 6 negative. 7 ACTING PRESIDENT FARLEY: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 193, by Senator Farley, Senate Bill Number 716, 11 authorize payment of transportation aid to the 12 Schalmont Central School District. 13 ACTING PRESIDENT FARLEY: Is 14 there a local fiscal impact note? There is a 15 local fiscal impact note here at the desk. You 16 can read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT FARLEY: Call 20 the roll. 21 (The Secretary called the roll. ) 22 THE SECRETARY: Ayes 56. 23 ACTING PRESIDENT FARLEY: The 1192 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 194, substituted earlier today, by member of the 4 Assembly McGee, Assembly Bill Number 2868, 5 authorize the change of name of the Randolph 6 Children's Home Union Free School District. 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 56. 15 ACTING PRESIDENT FARLEY: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 208, substituted earlier today, by member of the 19 Assembly Koppell, Assembly Bill Number 5959-A, 20 an act to amend Chapter 502 of the Laws of 1992, 21 relating to certain non-judicial officers and 22 employees. 23 ACTING PRESIDENT FARLEY: Senator 1193 1 Present. 2 SENATOR PRESENT: Mr. President, 3 is there a message of necessity at the desk? 4 ACTING PRESIDENT FARLEY: There 5 is a message, Senator. 6 SENATOR PRESENT: I move we 7 accept the message. 8 ACTING PRESIDENT FARLEY: All in 9 favor of accepting the message, say aye. 10 (Response of "Aye.") 11 Those opposed nay. 12 (There was no response.) 13 The message is accepted. 14 You can read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT FARLEY: Call 18 the roll. 19 (The Secretary called the roll. ) 20 THE SECRETARY: Ayes 56. 21 ACTING PRESIDENT FARLEY: That 22 bill is passed. 23 ACTING PRESIDENT FARLEY: 1194 1 Calendar Number 210, the bill is high. We'll 2 lay it aside. 3 Does that conclude it? Nothing 4 left over, Senator Present. 5 SENATOR PRESENT: Mr. President, 6 in behalf of Senator Levy, I'd like to announce 7 an immediate meeting of the Majority in Room 8 332. 9 ACTING PRESIDENT FARLEY: There 10 will be an immediate conference of the Majority 11 in Room 332. 12 SENATOR PRESENT: Mr. President, 13 there being no further business, I move that we 14 adjourn until Monday, March 22nd at 2:30 p.m., 15 intervening days to be legislative days. 16 ACTING PRESIDENT FARLEY: The 17 Senate will stand adjourned until Monday, 18 regular hour. 19 (Whereupon, at 4:31 p.m., the 20 Senate adjourned.) 21 22 23