Thursday, December 16, 1993

8863 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 December 16, 1993 11 12:01 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR STAN LUNDINE, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 8864 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. The Senators will please find 4 their places. 5 I'd like to ask everyone present 6 to rise and repeat the Pledge of Allegiance with 7 me. 8 (The assemblage repeated the 9 Pledge of Allegiance to the Flag.) 10 THE PRESIDENT: In the absence of 11 visiting clergy, I'd like to ask for a moment of 12 silence. 13 (A moment of silence was 14 observed. ) 15 Secretary will read the Journal. 16 THE SECRETARY: In Senate, Wed 17 nesday, December 15th. The Senate met pursuant 18 to adjournment, Senator Farley in the Chair upon 19 designation of the Temporary President. The 20 Journal of Tuesday, December 14th, was read and 21 approved. On motion, Senate adjourned. 22 THE PRESIDENT: Hearing no 23 objection, the Journal stands approved as read. 8865 1 Senator Marino. 2 SENATOR MARINO: Mr. - 3 THE PRESIDENT: I'd like to ask 4 for a little order. 5 Senator Marino. 6 SENATOR MARINO: Mr. President, 7 before we proceed with the formal portion of our 8 meeting today, I'd like to remind the members 9 that, since we last met, we have secured two new 10 members to our house and I'd like to introduce 11 them: 12 Mary Lou Rath from Amherst. 13 Congratulations. 14 (Applause) 15 And Robert DiCarlo from 16 Brooklyn. 17 (Applause) 18 And, Mr. President, I have a 19 privileged resolution. I'd like to hand it up 20 and ask for its immediate adoption. 21 THE PRESIDENT: First, the Chair 22 will say welcome to both Senator Rath and 23 Senator DiCarlo, and it is a delight to have you 8866 1 in the Senate. I'm sure I can speak for both 2 sides of the aisle in welcoming you. 3 The Secretary will read the 4 privileged resolution. 5 THE SECRETARY: Concurrent 6 Resolution, by the Senate Committee on Rules: 7 Concurrent Resolution of the Senate and Assembly 8 for the purpose of appointing by joint ballot an 9 Attorney General of the state of New York. 10 The Assembly sent for concurrence 11 the following resolution: For the purpose of 12 appointing *** joint ballot, an Attorney General 13 of the state of New York. 14 THE PRESIDENT: Substitution 15 ordered. 16 The question is on the adoption 17 of the resolution. All those in favor say aye. 18 (Response of "Aye.") 19 Opposed nay. 20 (There was no response. ) 21 The ayes have it. The resolution 22 is adopted. 23 SENATOR MARINO: Mr. President, 8867 1 on behalf of Senator Levy, I'd like to announce 2 a conference of the Majority in 332 immediately 3 after the joint session. 4 And now, Mr. President, I move 5 that the Senate stand in recess pending the 6 completion of the joint session. 7 THE PRESIDENT: The Senate will 8 be in recess and it's my understanding, is this 9 correct, Senator Marino, that we are to 10 immediately go into the joint session. 11 SENATOR MARINO: Into the 12 Assembly, yes. 13 THE PRESIDENT: Into the Assembly 14 chamber. Thank you. The Senate stands in 15 recess. 16 (Whereupon at 12:06 p.m., the 17 Senate recessed. ) 18 ...At 2:19 p.m.... 19 SENATOR PRESENT: There will be 20 an immediate meeting of the Republican 21 Conference as soon as we can assemble. 22 There will be a Rules Committee 23 meeting and a Finance Committee meeting later 8868 1 upon call. 2 ...At 4:29 p.m.... 3 SENATOR LIBOUS: Mr. President, 4 there will be an immediate meeting of the Rules 5 Committee in Room 332. Rules Committee meeting 6 immediately in Room 332. 7 SENATOR LEVY: Mr. President, I'd 8 like to announce a meeting of the Transportation 9 Committee at 5:00 o'clock in Room 124 in the 10 Capitol. 11 ...At 4:50 p.m.... 12 SENATOR PRESENT: I yield to 13 Senator Marchi. 14 SENATOR MARCHI: Mr. President, 15 there will be an immediate meeting of the 16 Committee on the Judiciary in Room 332. 17 ACTING PRESIDENT SPANO: Meeting 18 of the Judiciary Committee in Room 332. 19 Senator Present. 20 SENATOR PRESENT: Mr. President, 21 can we go to reports of standing committees, 22 please. 23 ACTING PRESIDENT SPANO: Reports 8869 1 of standing committees. Secretary will read. 2 THE SECRETARY: Senator Marino, 3 from the Committee on Rules, reports the 4 following bills: 5 Senate Bill Number 6029-A, by 6 Senator Holland, an act to authorize Tier I 7 status for certain members of the New York City 8 Fire Department Pension Fund, restored to third 9 reading. 10 ACTING PRESIDENT SPANO: Without 11 objection, third reading. 12 THE SECRETARY: Senate Bill 13 Number 6214, by Senator Spano, an act to amend 14 the Mental Hygiene Law, in relation to the 15 reinvestment of funds to community-based 16 services; 17 Also 6215, by Senator Kuhl, an 18 act to amend the Education Law, in relation to 19 school building aid for refunding bond issues; 20 Senate Bill Number 6217, by the 21 Committee on Rules, making an appropriation to 22 pay Mona Talomie, widow of the late Frank 23 Talomie, member of the Assembly. 8870 1 Also Senate Bill Number 6218, by 2 Senator Tully, an act to amend the Insurance 3 Law, in relation to insurance coverage for the 4 provision of preventive and primary care 5 services to dependent children. 6 ACTING PRESIDENT SPANO: Without 7 objection, all bills reported directly to third 8 reading. 9 SENATOR PRESENT: Mr. President, 10 we stand at ease. 11 ACTING PRESIDENT SPANO: Senate 12 will stand at ease. 13 (Whereupon at 4:53 p.m., the 14 Senate stood at ease.) 15 ...At 5:13 p.m.... 16 SENATOR STAFFORD: Mr. President, 17 I would announce an immediate meeting of the 18 Committee on Finance in Room 332. 19 ACTING PRESIDENT LIBOUS: Senator 20 Stafford. 21 SENATOR STAFFORD: Thank you, Mr. 22 President. I note that, even when we're away for 23 a while, we don't change our habits. I guess 8871 1 that goes for all of us. 2 I announce an immediate meeting 3 of the Committee on Finance in Room 332, 4 please. 5 ACTING PRESIDENT LIBOUS: There's 6 an immediate meeting of the Finance Committee in 7 Room 332. 8 (The Senate reconvened at 5:16 9 p.m.) 10 THE PRESIDENT: The Senate will 11 come to order. Senator Present. 12 SENATOR PRESENT: Mr. President, 13 call up Calendar Number 1709, please. 14 THE PRESIDENT: Secretary will 15 read. 16 THE SECRETARY: Calendar Number 17 1709, by Senator Tully, Senate Bill Number 6218, 18 Senator Tully moves to discharge the Committee 19 on Rules from Assembly Bill Number 8931 and 20 substitute it for the identical Third Reading 21 1709. 22 THE PRESIDENT: Substitution 23 ordered. 8872 1 Last section. 2 THE SECRETARY: Section 2. This 3 act shall take effect immediately. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll. ) 6 THE SECRETARY: Ayes 59. 7 THE PRESIDENT: The bill is 8 passed. 9 Senator Tully. 10 SENATOR TULLY: Thank you, Mr. 11 President. I'd just like to thank my colleagues 12 on both sides of this house for the support 13 they've given in connection with this most 14 significant bill which will provide health care 15 for children up to the age of 19 in this state. 16 It's been supported by the Assembly as well as 17 the Governor, and I'd like to congratulate 18 Sheila Humiston, in my office, who worked so 19 hard to move this bill along. 20 Thank you. 21 THE PRESIDENT: Thank you. 22 SENATOR PRESENT: Calendar Number 23 1710, please. 8873 1 THE PRESIDENT: Secretary will 2 read. 3 THE SECRETARY: Calendar Number 4 1710, by Senator Spano, Senate Bill Number 6214, 5 Senator Spano moves to discharge the Committee 6 on Rules from Assembly Bill Number 8928 and 7 substitute it for the identical Calendar Number 8 1710. 9 SENATOR GOLD: Mr. President. 10 THE PRESIDENT: Substitution 11 ordered. Senator Gold. 12 SENATOR GOLD: Yeah, Mr. - 13 Senator Spano said it would be in my best 14 interest to ask for a short explanation. 15 SENATOR SPANO: Thanks for 16 asking. We're here today passing the community 17 reinvestment bill, which is a fulfillment of a 18 promise that was made to the mentally ill 19 decades ago when we first started what we call 20 deinstitutionalization. 21 There have been plenty of times 22 on the floor of this house that I have spoken 23 about the policies of deinstitutionalization and 8874 1 how we treat the mentally ill, the provision of 2 mental health services in this state, and I'll 3 continue to say that. We have continued to 4 discharge people from our psychiatric centers 5 into a community-based system of care from back 6 in the 1950s when we had 33,000 people in the 7 institutions to some 10,000 today. 8 Today we're on the verge of 9 completing that switch from institutional care 10 to community-based care where a tremendous por 11 tion of our budget would go towards institution 12 alizing people, where just pennies of our state 13 budget goes towards the community-based system 14 of care where the people are living. 15 So we're recognizing today that 16 it's not our purpose just to close psychiatric 17 centers, not to accelerate a closure process of 18 psychiatric centers in this state without first 19 making sure that the consumers of mental health 20 services have adequate facilities for them in 21 the communities where they live. 22 This program, which will generate 23 $210 million over five years, will give the com 8875 1 munities all across the state of New York the 2 tools that they need to establish that commun 3 ity-based system. It will put in process in - 4 put a process in place to close psychiatric 5 centers, five psychiatric centers specifically, 6 and it will be done in a way that will not 7 disrupt the employees of those psychiatric 8 centers, will not -- will cut down a lot on how 9 it will affect the economic impact on the areas 10 and, most importantly, will make sure that the 11 quality of care to the individuals in our 12 current state system will be cared for by 13 putting 15 percent of this total back into 14 improving the patient:staff ratio as well as at 15 the same time improving the quality of care of 16 these individuals in the community by making 17 sure that these community-based systems are 18 there. 19 There is nothing in this bill 20 that will change the method that we will use to 21 plan for the local programs. That plan will stay 22 in place. At the same time it will provide for 23 some $30 million of welfare will be available to 8876 1 aid the homeless mentally ill populations all 2 across the state. 3 SENATOR GOLD: Last section. 4 THE PRESIDENT: Senator Libous. 5 SENATOR LIBOUS: Will Senator 6 Spano yield for a couple quick questions? 7 SENATOR SPANO: Yes. 8 SENATOR LIBOUS: Senator Spano, 9 of the $30 million that's in this bill for the 10 mentally ill and the homeless mentally ill, how 11 is this money going to be dispensed? Is the 12 Governor just going to send this money out or is 13 it going to be dispensed in another way? That's 14 $30 million, and I'm not sure. 15 SENATOR SPANO: Of the money 16 that's in the bill, some part of it goes back to 17 the institution. Part of the bill, as you've 18 been hearing all across the state, there's $30 19 million that's available for homeless mentally 20 ill and that money will be planned - 21 THE PRESIDENT: Despite Senator 22 Spano's outstanding projection, it is difficult 23 to hear when there isn't order in the chamber. 8877 1 Please, let's keep order in the chamber. 2 Senator Spano. 3 SENATOR SPANO: Senator Libous, 4 out of the $30 million dollars, there are 5 specifically in the bill, page 12 -- we outline 6 how the services are planned and what the 7 process will be for planning those services and 8 it's done with a local planning process and we 9 want to make sure we put that specifically in 10 this bill. 11 On page 9 of the bill, lines 24 12 to 32 required the counties to plan for their 13 own programs, so we felt it important not for 14 the Governor, not for the Legislature, not for 15 the Office of Mental Health or the Commissioner 16 but for the local counties, a local planning 17 process to implement the local mental health 18 program to establish the procedures and policies 19 for spending this money within their own area. 20 SENATOR LIBOUS: Thank you, Mr. 21 President. 22 SENATOR GOLD: Last section. 23 THE PRESIDENT: Last section. 8878 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 THE PRESIDENT: Call the roll. 4 (The Secretary called the roll. ) 5 THE SECRETARY: Ayes 59. 6 THE PRESIDENT: The bill is 7 passed. 8 (Applause from the gallery.) 9 THE PRESIDENT: Senator Kuhl. 10 SENATOR KUHL: Yes, Mr. 11 President. May we return to the reports of 12 standing committees and, after the report is 13 read, I'd ask to yield the floor to Senator 14 Marchi. 15 THE PRESIDENT: Secretary will 16 read. 17 THE SECRETARY: Senator Marchi, 18 from the Committee on Judiciary, reports the 19 nomination of Carmen Judith Beauchamp Ciparick, 20 without recommendation. 21 THE PRESIDENT: Senator Marchi. 22 SENATOR MARCHI: Mr. President, 23 as the clerk indicated, the nomination is made 8879 1 without recommendation. However, it was by 2 unanimous vote, and I will speak to this 3 nomination. However, I am -- at this point, I 4 would like to yield to Senator Goodman on behalf 5 of a constituent, and who is interested in this 6 confirmation. 7 THE PRESIDENT: Senator Goodman 8 is recognized. 9 SENATOR GOODMAN: Thank you, 10 Senator Marchi. 11 Mr. President, I deem it a very 12 special privilege and, in fact, a high honor to 13 present to this body the name of Carmen 14 Beauchamp Ciparick, who has been appointed by 15 the Governor subject to the advice and consent 16 of this Senate chamber, to the highest judicial 17 post in the state, justice of the New York State 18 Court of Appeals. 19 Mr. President, Judge Ciparick, 20 who is now a sitting justice of the Supreme 21 Court of the state of New York, has been known 22 to me for a number of years, and there is no one 23 of my acquaintance in the court system of the 8880 1 state of New York who enjoys a higher reputation 2 for character, for consideration of her fellow 3 justices and of those who appear before the 4 court. There is no individual of greater 5 compassion, ability - 6 May I ask for some order, please, 7 Mr. President? 8 THE PRESIDENT: Senator Goodman's 9 point is well taken. There will be order in the 10 chamber. 11 Senator Goodman. 12 SENATOR GOODMAN: -- no person 13 having great ability -- any greater ability in 14 the state. 15 I should like to take a few 16 moments to tell you something of the background 17 of this nominee to this most important post, and 18 then to deal with one or two matters that have 19 come up in connection with this nomination. 20 First of all, Judge Ciparick was 21 raised in Washington Heights. She is the 22 daughter of immigrants from Puerto Rico. Her 23 father was a clerk of the United States Army 8881 1 Corps of Engineers and her mother a housewife. 2 She is a graduate of George Washington High 3 School receiving her undergraduate degree, her 4 college degree, from Hunter College. She worked 5 as a teacher in Harlem to finance her legal 6 education at St. John's University School of 7 Law. 8 Following her graduation in 1967, 9 she was named a member of the -- staff attorney 10 of the Legal Aid Society of the Bronx. Starting 11 in 1969, she held a series of important posts in 12 the judicial administration, serving first as 13 assistant counsel to the Judicial Conference of 14 the state of New York, now known as the Office 15 of Court Administration, and then as chief law 16 assistant to the Criminal Court in New York City 17 where she supervised law assistants in the 18 conduct of legal research and the preparation of 19 reports and memoranda of law. 20 She was appointed by Mayor Edward 21 I. Koch to the Criminal Court in 1978 and elect 22 ed to the Supreme Court in 1982. Therefore, she 23 has served 11 years in that body. 8882 1 Judge Ciparick has also served 2 since 1985 as a member of the New York State 3 Commission on Judicial Conduct and served from 4 1986 to 1989 on the New York City Commission on 5 the Bicentennial of the Constitution, a document 6 for which she, of course, has the highest rever 7 ential regard. 8 Judge Ciparick was selected by 9 Governor Cuomo from a short list of highly qual 10 ified candidates who were intensively screened 11 by the Commission on Judicial Nomination. I 12 must say, in a bipartisan spirit, that the 13 Governor has been noted for the excellence of, 14 and the non-partisan nature of his selections to 15 the Court of Appeals. So good have these 16 designations been that the selection process of 17 the Court of Appeals is a paradigm, an example, 18 of an excellent judicial selection procedure 19 which has been copied in a number of other 20 states and is at this time being looked to as an 21 exemplary manner -- as an exemplary method for 22 the selection of high judicial talent. 23 The fact that the Governor sought 8883 1 to designate Judge Ciparick as his first choice 2 from an outstanding talent pool speaks volumes 3 of her qualifications. 4 Mr. President, at the hearing 5 which was held yesterday by the Judiciary 6 Committee, several very eminent judicial figures 7 came before that Committee to speak of Judge 8 Ciparick. I would first cite former Chief Ad 9 ministrative Judge Richard Bartlett, well known 10 to this chamber as a former legislator of high 11 reputation and a judicial administrative justice 12 second to none. 13 He stated that during the 1970s, 14 when he became chief administrative judge, he 15 came to know Judge Ciparick well in her capacity 16 as the chief law assistant of the Criminal Court 17 of the city of New York and the Supreme Court, 18 first branch -- First Judicial District. She 19 also worked as a counsel to the Judicial 20 Conference. 21 As I stated a moment ago, in that 22 capacity, Judge Bartlett had the opportunity to 23 work closely with her and to know intimately the 8884 1 character and quality of her work. He stated 2 that she was highly impressive as a lawyer and 3 also as an administrator. He spoke of her 4 fairness and her even-handedness and her ability 5 to work with people, both her fellow justices 6 and those who came before her in the court, both 7 lawyers and people who were party to legal 8 matters. 9 Mr. President, the record is very 10 clear and, as emphasized by Judge Bartlett, that 11 this is an individual of great decency. There 12 isn't an arrogant bone in her body. She cares 13 deeply about people, and she knows the law both 14 upwards and downwards in terms of the way in 15 which she deals with people on an individual 16 basis, a very important quality for someone in 17 the highest court in our land. 18 Also appearing before the 19 Judiciary Committee was Betty Weinberg Ellerin, 20 a highly esteemed justice in the Appellate 21 Division, First Department. She met Judge 22 Ciparick when Judge Ellerin went on the bench in 23 1977, when Judge Ciparick was the chief law 8885 1 clerk to the criminal courts. 2 Throughout Judge Ellerin's tenure 3 as a judge, she has observed that Judge Ciparick 4 is highly admired within the system. As an 5 Appellate Division judge, Judge Ellerin has 6 reviewed Judge Ciparick's work product and has 7 found it to be, and I quote, "of consistently 8 high quality". 9 Also heard was Judge William C. 10 Thompson, an associate judge of the Appellate 11 Division in the Second Department. He wrote to 12 the Committee to express his strong support for 13 Judge Ciparick. 14 Now, I would note that certain 15 questions have been raised with respect to one 16 particularly significant decision made by Judge 17 Ciparick. This decision was known as Hope vs. 18 Perales. The decision is one charged with 19 emotion and controversy, not because of any 20 action that Judge Ciparick took with respect to 21 the issues in the case, but rather because of a 22 very important question which relates to the 23 scope and ambit of the judge's work in applying 8886 1 the Constitution and facts to the case. 2 Let it be said that in the de 3 cision which she delivered, in Hope vs. Perales, 4 it was the judgment of Judge Ciparick that 5 certain people who were involved in the question 6 of abortion, but who were indigent to the point 7 of not being able to afford abortions even when 8 they are prescribed for the health of the mother 9 and for the safety of the mother, were placed in 10 a position where, due to lack of funds, as Judge 11 Ciparick saw it, that the intent of the 12 Legislature could not, in fact, be carried out. 13 Now, I don't aim to open up the 14 Pandora's box on the abortion debate tonight on 15 this nomination. This is not either the place 16 for this or the time for this. That issue has 17 been heavily debated in this house since that 18 moment 23 years ago when I recall vividly 19 leading the debate with respect to the abortion 20 reform laws in the state of New York. 21 But suffice it to say that, with 22 respect to this decision, it was subject to 23 review by the Appellate Division and, in a four 8887 1 to-one decision, ladies and gentlemen, the 2 findings of Judge Ciparick were upheld. 3 Therefore, any scintilla of a suggestion that in 4 the work that she did, she was seeking to 5 legislate from the bench and to override the 6 position taken in this Legislature with regard 7 to the provision of abortion services to 8 medically indigent people, was, at least in the 9 opinion of four highly distinguished juris 10 prudential scholars, absolutely inappropriate 11 and was not something which had any sustained 12 capacity to be under scrutiny in that light. 13 In short, what I'm saying is that 14 Judge Ciparick's judgment was fully vindicated 15 by a high Appellate Division court and, as it is 16 widely known, the First Department Appellate 17 Division is one of the most respected, if not 18 the most respected, Appellate Divisions in this 19 or any other state. 20 So I would respectfully submit to 21 this body beyond any peradventure of a doubt 22 that with this type of close judicial scrutiny 23 and review concurred in by four out of the five 8888 1 voting justices, that Judge Ciparick's 2 interpretation of the Constitution was clearly 3 upheld and is appropriate. 4 Now, obviously this matter could 5 be subject to debate, and I dare say we're going 6 to hear from some people with respect to that 7 matter in due course, but the point that I wish 8 to make is that there was no conscious effort on 9 the part of this fine justice ever to torture or 10 to strain or to reverse a stated legislative 11 intent of this body in a manner that would not 12 be fully mandated or dictated by a constitution 13 al interpretation. 14 This, my friends, is the key 15 point and dimension of this matter, and I hope 16 it will be closely understood as we proceed with 17 this matter this evening. 18 Let me just bring this to a close 19 by saying that there are few things that we do 20 in this body that are more important than 21 providing our advice and consent to the highest 22 judges in the state. It is to them that matters 23 of the greatest importance ultimately come on 8889 1 appeal, and it is in the confidence that we 2 place in them that we have one of the greatest 3 pillars of our entire judicial system in the 4 state of New York. 5 It is for that reason, my 6 colleagues, that I suggest to you, with the 7 deepest conviction of which I am capable, that 8 the Governor and his screening committee, which 9 have looked so closely at this matter, have 10 indeed chosen wisely and well and that in Judge 11 Carmen J. Beauchamp Ciparick, we have an 12 individual whose very record, whose character, 13 whose temperament, whose compassion, whose 14 capacity to deal with complex issues and, in 15 short, whose high, high judicial stature and 16 standards entitle her to the fullest support of 17 this chamber and to her immediate confirmation. 18 I respectfully request that that 19 be rendered forthwith and, on that note, Mr. 20 President, to hereby submit this name to you 21 and, in fact, to thank Senator Marchi for 22 allowing me to do this on behalf of one of my 23 most distinguished constituents. 8890 1 THE PRESIDENT: Senator 2 Ohrenstein. 3 SENATOR OHRENSTEIN: Mr. 4 President, I feel it is a great privilege to 5 rise to second the nomination of Carmen Ciparick 6 for this really very -- for one of the most 7 important positions we will consider. 8 I think Senator Goodman, very 9 adequately and forcefully, covered the judge's 10 background, so there is no need for me to do 11 this. Fortunately, I know the judge quite well, 12 and so this is not only a political pleasure but 13 it's a personal pleasure to be able to stand 14 here, talk about her, and urge my colleagues to 15 vote for her overwhelmingly because of her 16 outstanding qualifications. 17 We've talked many times on this 18 floor about the Court of Appeals, about the 19 process which we use to select judges for the 20 Court of Appeals, because it is a unique 21 process, one which was crafted, partly in this 22 chamber, partly in the other chamber and one 23 which has worked exceedingly well. 8891 1 You don't always agree with the 2 Governor. I don't always agree with the 3 Governor, but I think we can agree that this 4 Governor has done an outstanding job in 5 selecting judges of the Court of Appeals, and as 6 we look upon the present court, we can see the 7 rest of it and how it has continued to gain in 8 reputation and in credibility, and it is, in 9 fact, one of the great courts of this land. 10 I think one of the things that we 11 do, particularly those of you on the Majority 12 side, have to recognize, is the Governor's 13 fairness in addressing the question of politics 14 on the court because he has, in fact, been as 15 bipartisan as any governor has been on this 16 matter. As you know, there are a number of 17 distinguished former Republicans who are on the 18 court who are as distinguished as are the 19 Democrats that he has selected. I say that 20 because, while we have to consider, of course, 21 every nominee on their own merits -- and this 22 nominee has exceptional merit -- we also have to 23 consider that this is the Governor's prerogative 8892 1 based upon a very, very extensive screening 2 process. 3 But we also have to consider the 4 Governor's record on this issue, and that he has 5 not politicized this court ever. That hasn't 6 always been the case because we have previous - 7 we have previously had a different process and 8 it would have been very easy to politicize this 9 process, and whatever disagreements we may have, 10 we may have with the Governor, I may have with 11 the Governor, we have to agree that, on his 12 selections to this court, he has been 13 bipartisan, has been fair, has been open and 14 has, in fact, been non-political. 15 So it is fair to ask that we 16 consider that in making a judgment on each and 17 every nominee and I believe, what he has 18 evinced, bottom line, is an enormous respect for 19 the law. I think this Governor has appreciated 20 the key role that the highest court of this 21 state, as does the Supreme Court of the United 22 States, the key role that this court plays in 23 our judicial process, because on this court it 8893 1 is not only a question of law, but often a 2 consideration of questions of judgment and 3 judicial temperament that play a key role in the 4 decision-making process because what this court 5 says is final at least as far as the state of 6 New York is concerned; and I can not reiterate 7 often enough that, despite the highly political 8 nature of our process, despite the highly 9 political nature of the Governor's office, I 10 have been -- I have nothing but the greatest 11 admiration for Mario Cuomo for respecting the 12 need to keep this court out of politics and he 13 has succeeded. And he -- just the last time 14 Judge Levine of Schenectady, I've never seen 15 anybody who had such immediate universal 16 acceptance. He was a Republican judge who came 17 in and, in one day, literally swept this chamber 18 off its feet and it was because it was so clear 19 that here was a man of great and universal merit 20 and that he would serve the Governor well, would 21 serve this court well. 22 So I ask you to keep this in mind 23 as you make a judgment, because I think, if you 8894 1 agree with this Governor's approach to this 2 court, I think it is very important that you 3 vote to support this approach in order to keep 4 the standing of this court as it is. 5 Now, Judge Ciparick has an 6 extraordinary and distinguished record. She's 7 bright. She's learned. She cares for the law 8 and she cares for what she does and she cares 9 for the people who come before her, and that is 10 an opinion universally held in the First 11 Department in which she served -- by the judges, 12 by the lawyers, and by the people who come 13 before her. I can simply testify to that from 14 my own experience, and I don't say those things 15 lightly about anyone, but that is the case, and 16 she has had literally thousands of cases in 17 which she applies her wisdom, her knowledge and 18 her judgment, and that is what made her such a 19 distinguished nominee and such a distinguished 20 selection by the Governor. 21 The fact that she fulfills an 22 ethnic requirement or an ethnic -- or an ethnic 23 judgeship is to be applauded, because there was 8895 1 a time when this court was lacking women, was 2 lacking people of color or was lacking the broad 3 spectrum which this state represents. 4 And so I am very proud to be here 5 to say that here is a woman who has performed so 6 outstandingly and who also is a member of a 7 Hispanic community who has never been 8 represented on this court and who should be 9 represented. 10 Now, Senator Goodman has referred 11 to one decision that the judge has made which 12 apparently has aroused some dissension or some 13 discussion in some quarters, some concern; and I 14 think he has covered that extraordinarily well, 15 and I think it's clear that the judge's decision 16 was based upon her judgment of the Constitution. 17 And who can disagree with that judgment? Because 18 that's what judges do when they discuss 19 constitutional matters. It is their judgment of 20 the Constitution, and they have to give it their 21 best shot. 22 But it's hardly the only decision 23 this judge has ever made, and I think, if you 8896 1 examine and you talk to the litigants before her 2 that in the thousands of decisions that are 3 made, you will find that her discretion, her 4 judgment, her wiseness and her knowledge of the 5 law comes through time and again. 6 Now, I have a very specific 7 decision that I'm interested in and that has 8 nothing to do with the decision that Senator 9 Goodman has talked about. The reason I wore a 10 double breasted blazer today is because, while 11 I'm not a sailor, I am a great fan of the 12 Americas Cup. It is a -- it's an event which 13 proceeds with majestic slowness across the 14 television screen, but it is an event of 15 enormous elegance and enormous excitement, and I 16 confess to be a rabid fan of this event, have 17 been for years, although I may be getting on a 18 sailboat once every two years or maybe not even 19 that often, and if the sailboat is of any size 20 beyond that of a small canoe, I won't touch 21 either the sail or the rudder because I'm afraid 22 I might make a mistake. But, nevertheless, I 23 have a passion for this sport. 8897 1 And here is a -- a real New York 2 City woman -- I don't think Judge Ciparick has 3 been on a sailboat -- maybe she has, but I doubt 4 it and, if she has, I don't see her frequenting 5 the yacht clubs of Mamaroneck or of Westchester 6 or other places like that -- and here she 7 suddenly has a case before her which requires 8 the acquisition of knowledge which may or might 9 have been totally foreign to her. I don't know 10 this, I've never discussed this with her, but I 11 watched in utter fascination as she tried for a 12 period of two years, I think, to wend her way 13 through this extraordinary controversy which 14 included -- and I'm not going to bore you with 15 it -- suffice it to say that there was a 16 disagreement between courts on this matter, but 17 -- and Judge Ciparick had to make a decision 18 and she made a decision, and I will tell you 19 that as -- as sad as this event, it was the wise 20 decision to make. Why was it wise? Because the 21 event was done for one year in a totally bizarre 22 way with two boats that were totally unmatched, 23 mismatched, and were of different construction, 8898 1 raced each other and took down the credibility 2 of this very important race for one year until 3 the members of the sport came to their senses 4 and came back to where Judge Ciparick brought 5 them, and that was to go back to describe a rule 6 or rules that restrict how the participat boats 7 would be built so that everybody was racing from 8 the same -- on the same ball -- ball field 9 rather than having two different sailboats 10 racing each other. 11 And so even here, in something so 12 foreign to most of us who live in Manhattan, who 13 are not yachtsmen, she evinced, in my opinion, a 14 wisdom which finally came to be because the race 15 is now run according to the rules that she first 16 laid down in her first decision and, as I said, 17 to me I was utterly fascinated as she was 18 involved in this matter. 19 So on a very personal basis, I 20 can say to you members of the Senate that we've 21 got a first class individual here who will grace 22 this court, who will do -- who will do us all 23 proud, and I hope you will support her. 8899 1 Now, I have to say one other 2 personal thing here which only the judge will 3 understand. I'm not only speaking for myself 4 when I speak. I speak for a mutual friend of 5 ours who happens to be in the hospital and who 6 had a lot to do with Judge Ciparick's first 7 election to the Supreme Court and who is an old, 8 old friend of mine, and who had a lot to do with 9 my election on several occasions over the 10 years. Her name is Elaine Berlin. None of you 11 will know her or may not have even heard of 12 her. Unfortunately, she was in the hospital 13 with a heart attack and could not attend, and I 14 know how much she yearned to be here, and I 15 visited her last week and I promised her, Bobbie 16 to those who love her, and I promised her that I 17 would make the speech not only in my behalf but 18 in her behalf. So, for the record, Bobbie, I'm 19 talking for you. 20 So again, I offer you a real 21 opportunity to support a very fine member of the 22 judiciary, to vindicate the Governor's judgment 23 and to make the Court of Appeals an even greater 8900 1 -- even greater institution than it already 2 is. 3 THE PRESIDENT: Senator 4 Leichter. 5 SENATOR LEICHTER: Mr. President, 6 it is indeed a great honor and a pleasure, a 7 personal pleasure, to be able to second the 8 nomination of Judge Carmen Beauchamp Ciparick to 9 the Court of Appeals. Senator Goodman and 10 Senator Ohrenstein have well stated the high 11 qualifications that Judge Ciparick has. 12 I've known Judge Ciparick for 13 many years, since she became a member of the 14 bench. I know that she's held in the highest 15 esteem by her fellow judges, by attorneys who 16 litigate before her. Her judicial temperament, 17 calmness, are legendary in the, courts and I 18 think she brings some very special 19 qualifications, experience and background to the 20 bench. 21 I think Senator Ohrenstein said 22 something I stated, I think, at the time we 23 confirmed the nomination of Judge Kaye, that I 8901 1 think Governor Cuomo will be best remembered for 2 the outstanding appointments that he made for 3 the Court of Appeals, and this appointment of 4 Judge Ciparick is in that tradition. 5 I'm particularly delighted to be 6 able to point out that she was born in 7 Washington Heights, a community that I 8 represented for many years, and that she went to 9 Washington High School, which is in my district, 10 a good New York City public school. This is 11 somebody who is living the American dream. By 12 hard work, by her ability, she has reached 13 really the pinnacle of her profession to be 14 nominated to this distinguished court. 15 I just want to state, because I'm 16 sure it's going to arise and, of course, was the 17 subject of some discussion in the Judiciary 18 Committee yesterday, the decision that Judge 19 Ciparick made in the case of Hope vs. Perales. 20 I think it's significant that of the thousands 21 of decisions that Judge Ciparick has rendered, 22 that the only one where some members of the 23 Judiciary Committee raised some questions was on 8902 1 that decision, and obviously that decision 2 raised a subject that is very, very 3 controversial, the issue of abortion which we've 4 debated here for many years. 5 But that should not be the test. 6 That is not the issue, and should not be the 7 issue in considering what Judge Ciparick did in 8 that case. Some members of the house asked 9 whether you would declare unconstitutional an 10 enactment of this Legislature. My friends, that 11 happens all the time unfortunately. Sometimes 12 the judge may be right and sometimes we feel 13 that they're wrong. I voted for the particular 14 law that was declared unconstitutional by Judge 15 Ciparick, but I voted for it as the rest of you, 16 I felt it was constitutional, but I would hate 17 to have somebody come to me and say, Leichter, 18 you voted for hundreds of bills, I'm sure the 19 total by now must be in that magnitude, that 20 were subsequently declared unconstitutional. 21 This is in the nature of our 22 system of checks and balances, and the issue is 23 solely Judge Ciparick applying the law and the 8903 1 Constitution, federal and state, as she 2 understands it, to the facts of that case and to 3 the legislative enactment that was before her, 4 and it is significant and needs to be emphasized 5 strongly that she was affirmed by the Appellate 6 Division of the First Department, a very highly 7 regarded court. She was affirmed four to one in 8 that decision now before the Court of Appeals. 9 I think it's going to be argued in the next 10 couple of days. 11 So I strongly urge my colleagues, 12 I know some of them feel very strongly on this 13 issue, the way I feel just as strongly about it 14 in a different way, but that should not become 15 the test. That should not be a litmus test on 16 how anyone votes on Judge Ciparick. 17 I think, if you look at her back 18 ground, her record, her endorsements, how she 19 came out of a process that chose the very best 20 that we had in this state and then was chosen by 21 a Governor who deserves credit for the manner in 22 which he made his appointment, you can tell, you 23 know, you can not challenge the qualifications 8904 1 of this nominee. 2 So, Mr. President, it's indeed 3 for me a great pleasure to be here. When I 4 first met Judge Ciparick and campaigned for her, 5 I didn't know that one day I would have this 6 rare opportunity of seconding her nomination for 7 the Court of Appeals, and I do so with a great 8 deal of pleasure. 9 Thank you. 10 THE PRESIDENT: Senator Marchi. 11 SENATOR MARCHI: Thank you, Mr. 12 President. 13 I am going to assign my reasons 14 for opposing the confirmation of this nomination 15 notwithstanding the profession of faith that was 16 articulated by my colleagues, a profession which 17 in my own way I share. They spoke highly of her 18 as a person, her intellect and her dedication, 19 and I have no quarrel with any of these 20 characterizations; but I am very disturbed, 21 seriously disturbed, over the train of events 22 that took place with the Hope case, the Hope v. 23 Perales case. 8905 1 PCAP -- PCAP, Prenatal Care and 2 Assistance Program, was developed to meet the 3 searing problem of undernourished, underweight, 4 low weight children, giving New York State the 5 awesome classification as the 12th worst state 6 in the Union in terms of infant mortality and 7 morbidity. This instrument was fashioned and, 8 as a matter of fact, since its inception it did 9 result and is resulting in an improvement, and a 10 marked improvement in the lives of these 11 children. 12 As Judge Ciparick herself pointed 13 out, there was a stipulation entered into by all 14 of the parties, that all of the assistance given 15 in terms of special physicians, transportation 16 to and from facilities for health care, were to 17 be extended to people, to women, who were 18 expecting, whether they were having a child or 19 whether they were having an abortion, and that 20 after-care was also provided. This is the 21 nature of the case. 22 Justice -- Judge Ciparick felt 23 that this was an under-inclusion because it did 8906 1 not cover the cost of the moment when the 2 abortion service was actually rendered. It's 3 too bad that the issue is on something as 4 sensitive as abortion, because people tend to 5 rally for and against this argument on the basis 6 of its highly emotional issue, but it did 7 characterize and put the stamp on it of 8 under-inclusion, and as proof of the -- the fact 9 and the sustenance that was given to the concept 10 of under-inclusion, was incorporated by Judge 11 Ciparick herself, cited three cases, People vs. 12 Liberta, Matter of Jessica C., Califano vs. 13 Westcott, and you know, much was made of the 14 validation given to this judgement although 15 there was no specific comment made by the four 16 justices. But I submit that these were of 17 dubious validity, the confirmation made by the 18 four justices in this case, as much as I respect 19 them and as much as I have a feeling of 20 friendship for each and every one of them. 21 Why? If we go to -- if we go to 22 this Liberta case, which was decided a few years 23 ago, this court's task is to discern what the 8907 1 Legislature -- and I quote the opinion of Judge 2 Wachtler in that case: 3 "This court's task is to discern 4 what course the Legislature would have chosen to 5 follow if it had foreseen our conclusion as to 6 under-inclusiveness, as Judge Cardozo wrote over 7 50 years ago, the question in every case, 8 whether the Legislature, if partial invalidity 9 had been foreseen, would have wished the statute 10 to be in force with the invalid part 11 excinded***" excinded, taken out from the good 12 part, excinded -- ex-scinded -- it's the basis 13 from the Latin word, the basis of scissors, 14 cutting it out, pulling it out -- "***excinded 15 or rejected altogether," and I continue: "Unless 16 physical evidence that the Legislature would not 17 have enacted those provisions which are within 18 its power independently of that which is not, 19 the invalid part may be dropped if what is left 20 is fully operative as law. 21 Is this -- can we accept this 22 legitimately as supporting the concept of 23 writing in what has been erroneously left out, 8908 1 even absent, in the minds of the Legislature? 2 Well, I'll tell you what was 3 taken out and let you be the judge. "While, of 4 course, sexual assaults by females are 5 undoubtedly less common than those by males upon 6 females, this numerical disparity can not by 7 itself make the gender discrimination 8 constitutional. Women may well be responsible 9 for a far lower number of all serious crimes 10 than are men, but such a disparity would not 11 make it permissible for the state to punish only 12 men who commit, for example, robbery." 13 Now, there were over 200,000 14 rapes in this country last year. I don't know 15 of any that were committed by women on men. 16 Those of you who are lawyers know that a woman 17 can be -- can be accused of abetting but not of 18 the perpetration. Nevertheless, this is not the 19 end of the world. It's a legalistic protocol 20 which I believe does no harm to anyone. But the 21 judge finished off here saying, "Accordingly, we 22 find that Section 1130.35 of the Penal Law 23 violates equal protection because it exempts 8909 1 females from criminal liability for forcible 2 rape." 3 Now, what kind of nonsense does 4 that make? That was excinded. That was taken 5 out, and the good part was left in. What was 6 excinded? That was excinded, and this is the 7 case that Judge Ciparick gave us. 8 There was the case of Jessica C., 9 also cited in support of this same principle, 10 and it also turned on the same thing, female 11 committing rape. So we go off in La La Land 12 here, and we go off on this conception, and as 13 was observed, these principles of severance 14 apply -- fully operative, apply as well as where 15 elimination of an invalid exception would impose 16 burdens on those formerly burdened by the 17 statute. 18 The other two cases, the Califano 19 case, that came a little closer to what she was 20 thinking about because it -- it included both 21 parents rather than the unemployed father in 22 terms of the statutory scheme of Social 23 Security. 8910 1 And -- and the final case, the 2 Childs case which was also cited in support, 3 well, the Childs case was cited in the sense 4 that the -- the -- in defining the wife, it 5 should have been defined as spouse for the 6 purpose of establishing the fees that a lawyer 7 would earn in the conduct of litigation. 8 So that in every sense, all of 9 these cases had the good part, and all of these 10 cases there was an example of excision. Now, I 11 don't know what these four judges did down there 12 in the Appellate Division on this one. I do 13 notice that they are not conspicuously 14 mentioned, but these are the -- they had the 15 full -- they had the review of all of these 16 matters, and the part that I find difficult, 17 that this is a seminal case or could be a 18 seminal case. No longer will we say that it's 19 unconstitutional. We will not do that. We'll 20 save -- we'll fix it up for you. 21 Judges are not to legislate. 22 That's the plain and simple matter of the issue, 23 and the Presiding Justice, Francis Murphy, of 8911 1 the Appellate Division, First Department, felt 2 that there was a conflict here, that there was 3 an undermining, undermining of the responsi 4 bility that belonged to the Legislature. 5 Now, where does that leave us? It 6 leaves us still -- and I say this with all 7 sincerity, I respect Judge Ciparick. I believe 8 she is a woman of integrity. I believe she was 9 knowledgeable, and I believe she is caring. But 10 I would hope that in my stating my opposition, 11 and I know what the weight of the sentiment of 12 this body is, so I envelop myself in the 13 security of that knowledge, Judge, that you will 14 have an excellent opportunity to convey to those 15 judges that you are to interact with so that we 16 may all function in a cooperative fashion. 17 Did I over-react to that one 18 case? That one case was very important because 19 the Appellate Division thought it was very, very 20 important, although I didn't. But there is so 21 much in your favor and the things that have been 22 said in your behalf certainly do you honor. I 23 wish for you a great career on the bench, and I 8912 1 hope you will share the sentiments that I'm 2 trying to convey to you, because I can assure 3 you that it is shared by some of my colleagues 4 and perhaps partially by everyone. 5 We're all human. None of us are 6 perfect, and we try to help each other. I'd 7 hope, and even in opposing this because I feel 8 that it requires -- it requires to be said that 9 you will draw strength from it and when these 10 proceedings are done and you have taken your 11 oath, that you will add luster in your future 12 career on the bench. 13 THE PRESIDENT: Senator Volker. 14 SENATOR VOLKER: Mr. President, 15 if I might just first say about the way that 16 Senator Marchi has conducted the Judiciary, I 17 want to compliment him immensely on the manner 18 in which he conducted the hearing and also say 19 that I absolutely marvel at your ability, John, 20 to deal with these issues, and your legal 21 acumen. I always feel very humble when I listen 22 to you. I don't always necessarily totally 23 agree with you, and that's to be expected, but I 8913 1 must say that you obviously, quite clearly, are 2 one of the best legal minds that I have ever 3 dealt with in the years that I have been here in 4 the Legislature and back home practicing law, 5 and I just wanted to comment on that because I 6 think your tenacity and your ability to deal 7 with these questions is really superb. 8 Having said that, this is a very 9 difficult issue for me. I think, first of all, 10 it's just not as much of an issue for Justice 11 Ciparick, but the issue of the nomination is 12 something that some of us in upstate New York 13 have become extremely concerned about, and let 14 me start out by saying that, as a disclaimer, I 15 went to school with Judge Sam Green, who is a 16 judge in Buffalo in the Supreme Court, and he 17 was also a nominee. Obviously, I have some bias 18 in this matter. I did help lead an effort to 19 convince the Governor that Judge Green should be 20 the choice, not just because I really believed 21 that he was an excellent judge and that he would 22 -- he would make an excellent judge on the 23 Court of Appeals, but also because -- because of 8914 1 the retirement of Justice Hancock, the -- there 2 is no judge -- in fact, as far as I know, this 3 in modern times has never happened -- from 4 Syracuse on east, there is no judge on the Court 5 of Appeals. To anybody's knowledge that has 6 never happened. Somebody told me that has never 7 happened in this century. The nearest judge in 8 upstate New York is in Utica. There is no one 9 from the entire upstate area. That could create 10 some problems. As some lawyers know, the 11 proximity of Court of Appeals judges sometimes 12 can be -- can assist in dealing with some 13 issues. It is a problem, and I think that many 14 of us from upstate would like to state that. 15 The next issue revolves around 16 Hope vs. Perales. It's no secret that I am very 17 much anti-abortion. I feel very strongly about 18 it. I am a Roman Catholic, it is true, but I 19 believe that, even if I weren't, I would be 20 opposed to abortion. The Hope vs. Perales case 21 disturbs me not just because of the issue of 22 abortion, but I think I am disturbed very much 23 like Senator Marchi on the issue of the 8915 1 judiciary acting like federal judges. Federal 2 judges, in my opinion, legislate almost 3 constantly. I think that's questionable, always 4 has been questionable, and I think that, by the 5 way, Senator Marchi, I guess one thing I would 6 say there have been other judges who have done 7 the same thing as you well know, and I think 8 there are some -- we should certainly exercise 9 whenever we can and make it clear to those 10 judges that this is not the way to handle these 11 issues. 12 Having said all that, frankly, I 13 looked at Justice Ciparick's background. I went 14 to the trouble to talk to some lawyers in New 15 York City who are friends of mine, several 16 rather conservative lawyers who have appeared 17 before Justice Ciparick. Very honestly, their 18 assessment of her was quite good. They felt 19 that she had good judicial temperament, and I 20 would point out that she does have 14 years of 21 experience, more experience than several judges 22 we have already confirmed to the Court of 23 Appeals. 8916 1 In the years that I've been here 2 -- and I've now been here, it's hard to 3 believe, just about 20 years in the Senate and 4 22 in both houses -- it is my recollection that 5 we have never turned down a judge strictly on 6 one decision. Certainly there have been judges, 7 not for the Court of Appeals although we have 8 had some disputes over Court of Appeals judges 9 certainly, we have had judges withdrawn and 10 judges that did not succeed in becoming judges; 11 that is proposals made, but not to the Court of 12 Appeals. 13 Frankly, it's my opinion in 14 looking at the advice and consent that the issue 15 really is, is this judge competent to be on the 16 Court of Appeals? It's really not the issue of 17 whether we happen to think that some other judge 18 should have been on the Court of Appeals or 19 not. That really is the prerogative of the 20 Governor of this state. 21 As I look at Mrs. Ciparick's 22 competence, it is clear to me that she is 23 competent. There's an old saying that, when 8917 1 you're in doubt, vote no, but I take my 2 responsibility as a member of the Judiciary 3 Committee and as a member of this body very, 4 very assiduously. It is my belief that, despite 5 the fact that I disagree with her decision in 6 Hope vs. Perales, both from the abortion 7 standpoint and from the standpoint of the type 8 of decision it is, that is in the legislative - 9 the judiciary legislating, it still stands only 10 as really one decision by a judge who is clearly 11 competent, who a number of lawyers who have 12 practiced before her tell me that they feel has 13 the judicial competence and, on its face, does. 14 So as far as I'm concerned, the 15 issue then is of competence, and I think you 16 definitely are competent to serve, and I intend 17 to support your nomination. 18 THE PRESIDENT: Senator 19 Gonzalez. 20 SENATOR GONZALEZ: Thank you, Mr. 21 President. 22 I think that, in this particular 23 day coming here is a very historic moment and, 8918 1 based upon what my colleagues have said, Judge 2 Carmen Ciparick is highly qualified, highly 3 competent and would be and should be confirmed. 4 However, as we go on and every 5 one is talking about their respective issues, I 6 would say that in this particular -- in this 7 state, I would feel that in -- in this area, 8 every time there is someone who has to overly 9 exceed their qualifications, their -- when it 10 comes to someone of Puerto Rican/Latino descent 11 and there is a bias out there, and I will say 12 that I will ask my colleagues to undertake that 13 this is going on in the state and we are going 14 to work to correct that so that we all can feel 15 very proud of our people in the state of New 16 York. 17 As I said, this is a historic 18 moment, and Judge Ciparick went to school, made 19 it, a role model for all the people here in the 20 state of New York. I'm extremely proud of that, 21 and the people that I represent, and I wish her 22 Godspeed and all the blessings in the world. 23 Thank you, Mr. President. 8919 1 THE PRESIDENT: Senator Espada. 2 SENATOR ESPADA: Mr. President, 3 I, too, rise in similar spirit. This is not 4 just our history, her history. It's a real 5 moment for this chamber that on this day years 6 from now youngsters from Bed-Stuy, from South 7 Bronx, from West Bronx, can -- and indeed from 8 Morningside Heights, can look to the history 9 books to look up the name of Carmen Judith 10 Beauchamp Ciparick and to know that this native 11 daughter of Manhattan defied the odds, became 12 indeed, as Senator Gonzalez has mentioned, a 13 mentor, a role model, a poor person's lawyer, a 14 distinguished jurist in this state, only through 15 hard work and perseverance. That I could be a 16 small part of this exercise that this collective 17 body is undertaking, to be a part of this 18 exercise is a source of pride for all of us, a 19 shining example of hard work, people that can 20 defy the odds. As we look at our poverty rates, 21 as we look at youngsters throughout this state 22 carrying clubs and not books, what better 23 example can we provide that we know when the 8920 1 occasion is given to us, take a shot to retry a 2 case in a legislative chamber, that, in fact, we 3 hold true to what it is that I was led to 4 believe. 5 I would always fight for the 6 legislative prerogative, for legislative intent, 7 for the laws that we pass to be upheld, but to 8 retry through a confirmation proceeding one case 9 when, in fact, we are so representative of the 10 entire state, when we are here to weigh the 11 total efforts -- I'm not a lawyer, but I 12 understand burden of proof, I understand that 13 there has to be a balance, and the balance has 14 to tilt toward competence, towards merit, 15 towards the kind of credentials that are 16 presented in this candidacy. That's all we have 17 to go by. 18 Yes, it is our moment as a 19 legislative body. It is Judge Ciparick's 20 moment, but there are 4 million Puerto Ricans on 21 the island of Puerto Rico, 3 million spread 22 throughout the United States of America, and 23 many more, many more to come. We are the 8921 1 fastest growing ethnic group in this state, who 2 will not only read about in the history books 3 but will get to look at, not only this judgment 4 but the many, many, many cases that will come 5 before Judge Ciparick in the Court of Appeals 6 and will take great pride in knowing that this 7 body acted together to promote excellence as I 8 ask my colleagues to do that today and to do 9 that in good faith. 10 Thank you very much. 11 THE PRESIDENT: Senator Galiber. 12 SENATOR GALIBER: Thank you, Mr. 13 President. 14 I rise to support this outstand 15 ing nomination, and we had an opportunity 16 yesterday to go into deep detail, if you will, 17 in regard to the narrow issue that is before 18 us. I, too, want to compliment Senator Marchi 19 on his patience and his indulgence and his 20 fairness and justice as we went through the 21 proceedings yesterday, and it was not easy. 22 What we were dealing with really 23 is what Senator Marchi and I recall, I mentioned 8922 1 it then, a real forum for this issue was when we 2 served at the Constitutional Convention back in 3 1967. No one has any more feeling and praise 4 and comfort about this great instrument of 5 source, the Constitution, it's a fragile 6 document as we mentioned before. 7 The issue becomes a difficult one 8 because really what we're saying, we're re 9 inventing or re-debating, if you will, the issue 10 of choice, the issue of right to life, and we 11 know as legislators and I am proud of my 12 colleagues and the position that they've taken, 13 not always necessarily in favor, but certainly 14 not letting their personal opinion, and we all 15 have a personal opinion on this particular 16 issue, that we not carry them away to the point 17 that they would really hold against someone who 18 is so qualified, a person who has great judicial 19 temperament, a person who has lived out the 20 American dream, which says that all people are 21 created equal and have an equal opportunity to 22 proceed. 23 It's been a long time for this 8923 1 young country of ours, but we're starting to see 2 the diversity which represents this great 3 country and state of ours to come alive again. 4 Just look at the Court of Appeals. See the 5 diversity there. This didn't come about by 6 accident. It came about as reasonable men and 7 women debate in a branch of government a give 8 and take process as we have gradually seen 9 things happen in this great state of ours. 10 I am so very proud that you are 11 going on the Court of Appeals, so very proud. 12 This has been an experience for me the last two 13 years. I've seen Bundy Smith on the Court of 14 Appeals, Justice Kaye become chief judge of the 15 Court of Appeals. Isn't it a wonderful state 16 and country that we live in, when we think of 17 all the bad things that have happened, all the 18 violence that's occurring and all the horrible 19 things that are happening in our communities, 20 that we still have a government of checks and 21 balances? 22 Senator, that's what we were 23 talking about in part, and you knew what we were 8924 1 talking about. We were talking about not a 2 perfect system. We were talking about a 3 democracy that has a great instrument called the 4 Constitution where they make mistakes from time 5 to time and we have the capacity and the ability 6 to weigh out, if you will, and then judge, and 7 the majority of this body has carefully weighed 8 out, and they've been very strong in a 9 particular issue, in a particular direction, by 10 justice and fairness and what is right, to win 11 out in this body of ours. 12 My good friend, Earl Brydges, who 13 served also at the Constitution of 1967, Ollie 14 Koppell, Dick Bartlett, a host of people who 15 firmly believe that this is the greatest 16 deliberative body. We've lost a bit of that 17 over the years, but it's true, so not only am I 18 proud to put into nomination a person with great 19 judicial temperament, great qualifications, who 20 incidentally, for those of you who do not know, 21 has tried and rendered more than this one 22 decision, someone who is a family person, who 23 brings with her a husband and a daughter -- I 8925 1 have always thought of it as fairly sad that 2 when you bring your family to be confirmed and 3 we go through the process of hearings, that we 4 still have a proclivity toward some things being 5 negative about a person. Everything should be a 6 bed of roses. My family is here, my daughter is 7 here, my husband is here. How dare you, if you 8 will, have something bad to say about me, 9 someone who has done so very well? 10 Hard work. The American dream. 11 Can happen. Can come true. A person who came 12 through meager -- of meager means early on, not 13 wealthy, but certainly rich, rich in the love 14 and companionship, the abundance of love that 15 she's had for a family and still does. 16 So, Mr. President, I'm proud to 17 and privileged to put my name in as the person 18 -- one of the persons who nominated Justice 19 Ciparick this evening and to say for the record 20 that every now and then, I lose a bit of 21 confidence in this great body and every time I'm 22 ready to lose total confidence something good 23 happens, and I've experienced that not here 8926 1 tonight but in the hearing, Senator Marchi, and 2 the mood and the whole entire feeling of this 3 body. 4 Yes, there will be some who feel 5 so strongly, and I respect that, that they will 6 take this one issue and vote against a person 7 who is highly qualified, a person who is put 8 into an institution with the diversity of that 9 institution, which is the Court of Appeals, one 10 of the major institutions, that if we are to 11 change things in our country, then this is where 12 we have to work in our major institutions. 13 There has to be a strong sense of fairness, 14 equality, justice for all our people. 15 So, Mr. President, thank you for 16 the opportunity, and I want this body to know 17 I'm extremely proud of the total role of those 18 who went through this, because I know how 19 difficult it is on occasion to weigh out what's 20 in your heart's heart and what's fair and just. 21 Thank you, Mr. President. 22 THE PRESIDENT: Senator 23 Markowitz. 8927 1 SENATOR MARKOWITZ: Mr. 2 President, it's a pleasure for me to have this 3 opportunity. 4 First off, I wonder if all my 5 colleagues would agree that the Senate 6 Republican Conference looks so much better. Why 7 am I saying that? Diversity has happened among 8 you, and it's not you, Senator DiCarlo, but 9 Senator Rath, it's good to see you there. I 10 can't tell you what a pleasure it is to look on 11 your side of the aisle, and I mean that. 12 Secondly, to our new judge, I 13 have marvelled at her from the early days when 14 she and I and our dear mutual friend, Patricia 15 Farrell, would enjoy ourselves at our annual St. 16 Patrick's party. But I knew even in those 17 beginning days that great things were about to 18 happen for you, and you've proven by being here 19 this evening that there is still something to be 20 said about working hard, about merit, about 21 really setting a goal and being true to oneself, 22 and I know that in some of the decisions that 23 Professor Marchi raised this evening -- and 8928 1 there is no one that I trust in or believe in 2 more than you, Professor, Senator -- I know that 3 our judge, and if I may say, Carmen, you call 4 'em as you see 'em, and that's what we need, 5 someone who makes decisions based on the best 6 evidence irregardless of what your own personal 7 beliefs may be. You call them as you see them, 8 and I know that the Governor, as far as I'm 9 concerned, our Governor, has hit another home 10 run again. 11 Congratulations! Buena suerte! 12 Good wishes. 13 THE PRESIDENT: Senator Connor. 14 SENATOR CONNOR: Thank you, Mr. 15 President. 16 I'm delighted to rise and second 17 the nomination of Judge Carmen Ciparick. I 18 followed her career these last years since I met 19 her at a St. Patrick's day party when -- I have 20 to tell you, you have to put this in context. 21 Marty had a friend, Patricia Farrell, who had a 22 lovely St. Patrick's Day party in her home, and 23 she said, Invite a few people, Marty. He 8929 1 invites about a hundred people, if you can 2 imagine that, to her home. But among the people 3 I met there was Carmen Ciparick, and I followed 4 her career with great interest, she being a 5 judge in Manhattan which I'm privileged to 6 represent part of, a part of which I am 7 privileged to represent in the Senate. 8 I really find her career 9 remarkable. She certainly has displayed the 10 intellect, the compassion, the professionalism, 11 the good judgment and demeanor that one would 12 expect of a judge. She is respected throughout 13 the legal profession. Those who have had to 14 appear before her and deal with her, and I know 15 there are those who can look at a decision and 16 say, "But I disagree with this decision of 17 hers," and I dare say virtually every judge 18 presently on the Court of Appeals also have 19 passed through here on their way, passed through 20 here for advice and consent, I can certainly 21 look at decisions rendered by them before and 22 after what had passed through here with which I 23 would disagree. I would perhaps see it 8930 1 differently, although one never knows because 2 I've never sat on that side of the bench, and 3 maybe you do take a different perspective. 4 Perspective is important, but that's what our 5 system is about. 6 Judges judge. They apply their 7 legal skills and judgment to making a 8 determination. That's our system. They do 9 declare unconstitutional laws that pass the 10 Legislature. That's what makes our system 11 perhaps unique in the world, that our judiciary 12 does sit in judgment on the constitutionality of 13 legislative enactments. That's nothing 14 legislators need get overly exercised about, 15 frankly. That's just the way it is. 16 I do know that Judge Ciparick 17 will be a fantastic addition to the Court of 18 Appeals because of her skill and background, her 19 hard work and her legal intellect, and I think 20 there are many constituents in my district and 21 throughout the state of New York who were proud 22 of the other coincidence involved here, and that 23 is that Judge Ciparick is a woman, that she is 8931 1 of Pueerto Rican descent, and that's a good 2 thing where you can get all of the finest 3 qualities in a judge that you would look for in 4 a judge as exemplified by her career, as proven 5 by her hard work and dedicated service on the 6 bench, and also get a first, if you will, the 7 first Latino on the Court of Appeals, I guess 8 the second -- the second woman on the Court of 9 Appeals. That's a good thing, and I'm delighted 10 to second this nomination, and I'll be delighted 11 and proud to vote for her confirmation. 12 Thank you, Mr. President. 13 THE PRESIDENT: Senator 14 Dollinger. 15 SENATOR DOLLINGER: Thank you, 16 Mr. President. 17 I think it says a little bit 18 about New York State, and I guess the United 19 States, when today we get a chance to elevate 20 two children of immigrants to positions of 21 authority and power in the state. We did it 22 earlier this afternoon with Oliver Koppell. We 23 now have the chance to do it with Judge 8932 1 Ciparick. 2 I would be remiss if I didn't 3 comment on a couple things that were said here 4 earlier as I did in the Judiciary Committee: 5 First, to my colleagues Senator Volker and 6 Senator Marchi, for the articulation of 7 principal division about this nominee and the 8 role of this body in fulfilling its 9 constitutional obligation. I appreciate that, 10 and I think it speaks well of the integrity of 11 this body. 12 But I also would be remiss, your 13 Honor, if I didn't place the comments made by 14 Senator Marchi in a context for you. I think 15 it's safe to say that the Legislature in this 16 state has had sort of a bad year in front of the 17 courts, and I think I can click off a couple of 18 things that we had to do that this body decided 19 to do because we had to be creative, we had to 20 do inventive things. 21 We had budget pressures. We have 22 had political pressures. We had pressures from 23 our constituents to do things in a different 8933 1 way, so we tried to do them. We did some 2 writing of the tough problem with our pension 3 system. We did a little thing about recalling 4 bills. We did a little thing about debt 5 financing, all those things that were sort of 6 creative legislative enactments, and the good 7 part of it is that there were a group of people, 8 seven people, who sat across State Street who 9 said, when all is said and done all the members 10 of this chamber and the chamber across the hall, 11 the people of this state did not give you the 12 power to do those things. We were told they 13 were unconstitutional. We've had to go back and 14 check our books and come up, perhaps, with other 15 creative ways to do it; but I think part of what 16 you heard in the Judiciary Committee, part of 17 what you've heard here is really the reflection 18 we may not have had the best year in front of 19 the courts. 20 But I think there's an important 21 message there, and that is the distinction 22 between the power that the people create in 23 their Constitution and the power that's 8934 1 exercised by this Legislature. I would just 2 point out quoting from your decision, your 3 Honor, and perhaps reminding all my colleagues 4 that what was at stake in Hope against Perales 5 was not just what this Legislature has done but 6 Article I, section 3 of the New York State 7 Constitution, which is our due process clause; 8 Article I, section 6, our equal protection 9 clause, and Article XVII, section 1 and section 10 3, which provide, one clause pledges the 11 protection and promotion of the health of the 12 habits of the people of this state, and the 13 other section, I think, dovetails with that. 14 But the critical point is those 15 are restrictions on the legislative power that 16 were given to this Legislature. The Appellate 17 Division, First Department, said we have no 18 power, none, zero, zip, the 61 people in this 19 room, the 150 in the other chamber, cannot take 20 that power away, because the people never gave 21 us the power in the first place to do it. 22 The power of the Legislature is 23 circumscribed by the Constitution, by the people 8935 1 who created it, and while we're clearly allowed 2 to walk right up to that line, Senator Marchi, 3 and I would defend the right of this chamber to 4 walk right to that line, to go right up to it, 5 to push that line as far as we can, when we step 6 over that line, the only bulwark to tell us that 7 we have violated the power given to us by the 8 people is through our judicial system and 9 through the 7-member body that Judge Ciparick 10 would join. 11 It's that balance of power, that 12 system of checks and balances so vital to the 13 distribution of the power between the people and 14 its governing body, and remember the important 15 reason why that limitation is there, because the 16 people were not going to let us exercise that 17 power and take away their rights, so what Judge 18 Ciparick did, what the Appellate Division 19 approved in Hope against Perales was the 20 important separation of powers between the 21 people and their elected government. 22 My comment, Judge, as I told you 23 in the Judiciary Committee, if you sit on the 8936 1 Court of Appeals, don't be afraid to tell us 2 we've taken the people's power away from them 3 and that we cannot do that. 4 In closing, I'd like to dovetail 5 some comments of my colleague, Senator Espada. 6 I've often talked in this chamber to other Court 7 of Appeals nominees about the common law, 8 something that I have studied, something that I 9 treasure, because the New York Court of Appeals, 10 in my judgment, remains the greatest common law 11 court in this land. But it's important that we, 12 in looking at our common law, we look at the 13 common man that that law is designed to serve, 14 look at the state of New York, look at its 15 changing population, look at its changing racial 16 composition, and now its changing ethnic 17 composition. 18 Senator Espada points out the 19 large growing population of Latinos that live in 20 this state. It's my fond hope that, when you 21 think of the common law and think of the needs 22 of this state, you will use your own personal 23 experience to realize that the common law, the 8937 1 common man, may no longer be just a man, it may 2 no longer be a white man, it may have different 3 faces, different needs, different desires, and 4 we'll need a common law to serve all those needs 5 and desires. 6 In concluding, I think that it's 7 important that our common law court reflect a 8 little bit about the common man that it serves. 9 As a woman, the daughter of immigrants, I 10 welcome you to the court. My pledge is that - 11 my hope is that God will bless all your efforts 12 and he will bless your family as well. 13 THE PRESIDENT: Senator 14 Oppenheimer. 15 SENATOR OPPENHEIMER: I hope 16 Senator Dollinger would consider becoming a law 17 professor at some point. I always learn when he 18 gets up to speak. 19 But he took a line that I was 20 going to say, which is we really witnessed the 21 American dream today because we saw two children 22 of immigrants elevated to the highest levels in 23 our government, and that's very exciting because 8938 1 it really says we are probably the only country 2 where those things happen. 3 Because you are so -- so highly 4 commended and respected, I think to then talk 5 about the fact that you are a woman, ascending 6 to the court, a Puerto Rican ascending to the 7 court, is not as significant because we know of 8 your skill. We have heard of the wisdom of your 9 decisions and I must say I'm very thrilled to 10 have another woman on the Court of Appeals to 11 join my old friend of 30 years, Judith Kaye. 12 It's another perspective, and one that is 13 welcome and different. 14 Speaking about a case that seems 15 to be absorbing us at the moment, as has been 16 said, I doubt if any one of us would ever concur 17 with all the decisions of any judge, or can I 18 concur with many of the decisions made by my own 19 husband. There are always different people of 20 different interpretations, and I think that a 21 benefit. 22 As you probably know, I was the 23 organizer of the amicus brief in the Hope vs. 8939 1 Perales case, and I think your decision 2 obviously was a very wise one. It will now go 3 to the Court of Appeals. We will see if it is 4 considered there. I hear you are going to 5 recuse yourself, but we have that system to 6 bring us into check, to watch over us, to make 7 sure that we don't go beyond the line that 8 Senator Dollinger spoke about, and I can only 9 say that that decision that you made brought a 10 lot of hope to the majority of women in this 11 state, indeed the majority of the people of this 12 state. So I want you to hear the other voice. 13 I am very happy to congratulate 14 you on this ascension to our highest court, and 15 I note your birthday, I think it's a wonderful 16 birthday, January 1st. Happy birthday, and I'm 17 proud to second your nomination, Judge Ciparick. 18 THE PRESIDENT: Senator Waldon? 19 Senator Smith. Oh, I'm sorry. Senator Waldon. 20 I didn't see you. 21 SENATOR WALDON: I'll certainly 22 defer to Senator Smith. 23 THE PRESIDENT: You're such a shy 8940 1 retiring presence. Senator Waldon. 2 SENATOR WALDON: Thank you, Mr. 3 President. 4 One decision a career does not 5 make and, clearly, Judge Carmen Beauchamp 6 Ciparick, you are more than qualified. It is 7 often the case with those of us who are 8 characterized as minorities that we have to be 9 better than everyone else, and so you are, and 10 so the Governor has made a smart move. 11 This move sends a signal, and the 12 signal is that the diversity of the state will 13 forever be better reflected in this court. The 14 signal is that the vibrance, the character, the 15 substance and soul of Puerto Rico will forever 16 be a part of this court and its decisions. It 17 will never, ever be the same because of this one 18 move made by this one man on your behalf, on 19 behalf of your family, but more importantly on 20 behalf of all the people of the state of New 21 York. 22 I applaud the Governor's wisdom 23 in doing this. It is a good signal and it is 8941 1 long, long overdue. It is time that an American 2 of Puerto Rican ancestry sits on the Court of 3 Appeals. I applaud you. This is a great day 4 for all of us. Good luck. 5 THE PRESIDENT: Senator Smith. 6 SENATOR SMITH: Thank you, Mr. 7 President. 8 As a female, and as a minority, I 9 am extremely proud to be able to stand here 10 today and read to you just one sentence from the 11 Legal Aid Society of Kings County, which is my 12 home county, and that sentence says: Your vote 13 to confirm Judge Ciparick to the Court of 14 Appeals will continue the Senate's fine 15 tradition of confirming excellent jurists to the 16 state's highest court. 17 Carmen Beauchamp Ciparick is a 18 shining example of the best that our community 19 has to offer. I'm proud to count her as a 20 friend, and I'm even prouder to be able to 21 second this nomination for her to become a part 22 of the Court of Appeals where she will serve us 23 well, and we can all be proud of her. Justice 8942 1 Beauchamp Ciparick, I wish you and your family 2 all the best, and may you continue to serve this 3 great state. 4 THE PRESIDENT: The question 5 occurs on the confirmation of the nominee. All 6 those in favor, say aye. 7 (Response of "Aye.") 8 Opposed nay. 9 (There was a show of hands.) 10 THE PRESIDENT: The Secretary 11 will call the roll. 12 (The Secretary called the roll. ) 13 THE PRESIDENT: The Secretary 14 will record the negatives. 15 THE PRESIDENT: Senator 16 DeFrancisco is recognized to explain his vote. 17 SENATOR DeFRANCISCO: Yes. I 18 just want to, for the record, explain my "no" 19 vote. 20 I think there's some merit in 21 what Senator Volker has said concerning the lack 22 of an upstate judge, nothing further west than 23 Utica, which causes substantial problems for the 8943 1 bar in that area. 2 Also there's substantial weight 3 for the very strong legal argument that Senator 4 Marchi made because there is, I believe, a 5 substantial difference between excising a 6 constitutionally defective part of the statute 7 as opposed to adding a part of a statute that 8 was consciously not put there by a legislative 9 body, and I think there's a substantial 10 distinction there, and that that bears a lot of 11 weight. 12 One other point that I did want 13 to make, and I think it's certainly no 14 reflection on this candidate, but I think it's 15 really my own hope to raise a little red flag 16 about the procedure here a little bit. There's 17 no question that the Hispanic community has got 18 to be very, very proud this day on this 19 nomination and this appointment and this 20 confirmation. However, there simply are not 21 enough spots on the Court of Appeals for every 22 ethnic, for every religious group known to this 23 very, very diverse state of New York, and it's a 8944 1 real risky proposition in my mind when you have 2 candidates that were nominated or candidates 3 found to be well qualified, five of them who are 4 overlooked, some of whom are minorities and some 5 of whom are women, who distinguished themselves 6 in their career at least as well as this nominee 7 and who the bar association felt were "most 8 qualified" and this nominee "qualified". 9 So the point I'm just trying to 10 make is, very simply, diversity is obviously an 11 important consideration. It's important to many 12 people. The warning I'm just saying is that the 13 point is that there simply are not enough 14 positions for every racial, ethnic and religious 15 group and in this nomination we should be 16 cognizant of the fact that we are passing over 17 possibly very likely more qualified candidates 18 who happen to be minorities and women. 19 Thank you. 20 THE PRESIDENT: The Secretary 21 will report. 22 THE SECRETARY: Ayes 38, nays 23 21. 8945 1 THE PRESIDENT: The nominee is 2 confirmed. 3 (Applause) 4 THE PRESIDENT: On the 5 nomination, Carmen Beauchamp Ciparick of New 6 York City. The Secretary will -- the Chair will 7 state that, if a Senator has not been recognized 8 as voting "no" as of this time, the time to so 9 indicate has passed, but yes, the last three 10 will be recognized even though I had announced 11 the vote. Senator Larkin, you're recognized. 12 O.K. Now, the Secretary will again report the 13 results. 14 THE SECRETARY: Ayes 35, nays 15 24. 16 THE PRESIDENT: The nominee, 17 Carmen Judith Beauchamp Ciparick, is confirmed 18 to fill the vacancy caused by the retirement of 19 Stewart Hancock, Jr. 20 Senator Present. 21 SENATOR PRESENT: Mr. President, 22 may we continue on reports of standing 23 committees, please. 8946 1 THE PRESIDENT: The Secretary 2 will read. 3 THE SECRETARY: Senator Stafford, 4 from the Committee on Finance, reports the 5 following nomination: Commissioner of Parks, 6 Recreation and Historic Preservation, Joan K. 7 Davidson of New York City. 8 THE PRESIDENT: Senator Goodman 9 is not here right now. 10 Senator Johnson. 11 SENATOR JOHNSON: Mr. President. 12 THE PRESIDENT: There will be 13 order in the chamber. 14 Senator Johnson. 15 SENATOR JOHNSON: I know why 16 Senator Goodman wanted to make a nomination, but 17 I shall certainly speak on this nomination, Joan 18 K. Davidson, as Commissioner of Parks, 19 Recreation, and Historic Preservation. 20 This lady has a very impressive 21 background of interest in public affairs, 22 principally parks, historic places; other 23 environmental concerns, very strong interest has 8947 1 been demonstrated. She's made a lot of friends 2 in that field. They are advocates. 3 After my speaking with her on 4 numerous occasions and observing her during the 5 period from her nomination to now, I'm certainly 6 one of her advocates. She has visited many of 7 our parks. She attended a series of hearings 8 we've had concerning the Rockefeller report on 9 the condition of the parks in the State of New 10 York. She's been very interested. 11 She's already looked into many of 12 the problems, has definite plans how to proceed 13 to improve our parks, protect our historic 14 places, protect the environment and provide 15 facilities in these parks for the natives of New 16 York and others who visit those parks. 17 I think she's going to be a 18 dynamic leader at a time when we need one and an 19 effective advocate for the parks and for the 20 resources that are needed to bring them up to 21 snuff. 22 All in all, Mr. President, she is 23 a fine nominee. Myself and the entire 8948 1 committee, Environmental Conservation Committee, 2 who sat and heard her exposition and asked her 3 questions, are very pleased with her. Her 4 report, as you know, went to the Finance 5 Committee, and ultimately her recommendation is 6 to this floor. 7 I would commend the Governor for 8 making a fine choice and Ms. Davidson for being 9 willing to accept this position, and I would 10 like to -- at this point, if Roy Goodman isn't 11 here, I'd like to -- oh, Roy is here. 12 I'm going to second her 13 nomination because Roy would like to make the 14 nomination speech. 15 So, Roy, be my guest. 16 SENATOR GOODMAN: Thank you, 17 Senator Johnson. 18 Mr. President. 19 ACTING PRESIDENT KUHL: Senator 20 Goodman. 21 SENATOR GOODMAN: I am personally 22 very pleased, indeed, to be able to put forth 23 this name in nomination, because it just so 8949 1 happens that I have known this nominee since 2 approximately 1940. And by my best reckoning, 3 that means that it has been 53 years since we 4 first met as schoolmates in New York City. 5 Looking at her, it would not be possible to 6 imagine this chronology. 7 But I should like to say that in 8 the years in between the more than half a 9 century she has shown a extraordinary degree of 10 growth and constructive citizenship 11 participation in so many of the things that 12 she's done that her resume is truly a rather 13 awe-inspiring one. 14 A graduate of Cornell with a 15 Bachelor of Arts degree in English and 16 Government, she went on to study postgraduate 17 work in the Bank Street College and became a 18 teachers of 4th graders in a variety of schools, 19 then had a brief stint in none other than R. H. 20 Macy writing advertising copy, and proceeded 21 from there to work in the United States Senate 22 as a staff member of the Preparedness 23 Subcommittee of the Senate Armed Forces 8950 1 Committee writing reports on strategic 2 minerals. 3 Along the way, she had time to 4 marry and to have four fine children, one of 5 whom was, as it turned out, interestingly, a 6 classmates of my daughter at a school very 7 similar to the one which the nominee and I 8 attended in the 1940s. 9 She undertook the very major task 10 of overseeing the design construction 11 organization and the first five years of 12 management of a noted complex in New York called 13 Westbeth, located in Greenwich Village, a 14 multimillion dollar artists housing studio 15 complex, the first and the biggest one in 16 America. 17 She served as Chairman of the New 18 York State Council on the Arts, a post which she 19 assumed in 1976 -- no, excuse me -- in 1975. 20 She undertook the leadership of innumerable 21 worthwhile civic endeavors, including the 22 renovation of Gracie Mansion. And as the head 23 of the celebrated J. M. Kaplan fund, started as 8951 1 the result of the benefaction of her 2 extraordinary father, she assumed a very active 3 role as both philanthropist and philanthropoid 4 giving away approximately $7 million a year to 5 organizations throughout New York State. 6 The catalogue of her good works 7 in that capacity is quite extraordinary. I 8 would cite to you some of the following: The 9 refurbishment of the Gracie Mansion residence of 10 New York's mayors; the establishment of the 11 South Street Seaport; the launching of the New 12 School Center for New York City affairs and its 13 newly open environmental simulation center; the 14 project known as Rural New York, providing 15 support across the state for small, locally 16 based organizations in the field of land 17 conservation, land use planning, environmental 18 issues and historic preservation. 19 She has also been involved in 20 Green Markets. The initial funding from her 21 fund enabled the Council on the Environment to 22 launch Green Markets in New York City, and Green 23 Markets program keeps some 15,000 acres of 8952 1 regional farmland in active production. 2 She's been involved in the 3 protection of New York City's drinking water 4 supply. 5 And among her other many 6 considerate public services was the creation of 7 a project to provide public toilets to the 8 citizens of New York hard put to find such 9 facilities on the streets of the big city. 10 She's been involved in a coat 11 drive which collects money and distributes over 12 50,000 winter coats. 13 She's been involved in the Land 14 Trust Alliance of New York, the American 15 Farmland Trust, Technical Assistance Program for 16 the Preservation League of New York State. 17 If I may say in conclusion, Mr. 18 President, it is not a coincidence that this 19 fine individual has done so much because she 20 really comes from a tradition of extraordinary 21 public service. Both her father and mother, in 22 whose home I spent many of my childhood hours, 23 were people who were highly respected all around 8953 1 the city for their many, many good works of 2 philanthropy and other things. 3 I served with her mother on the 4 Board of the Carnegie Hall Society and Carnegie 5 Hall itself in New York City, and had the 6 pleasure of spending much time with her unique 7 father, an extraordinarily successful 8 industrialist who turned in the latter part of 9 his very long life -- he reached an age beyond 10 90 -- helping others almost continuously and 11 deriving great satisfaction from particularly 12 assisting those who were oppressed and under 13 privileged. 14 Mr. President. It is an honor 15 and, indeed, a very special personal privilege 16 to place in nomination for the high office 17 before us the name of Mrs. Joan K. Davidson, who 18 at the moment is seated in our balcony. 19 SENATOR OHRENSTEIN: Mr. 20 President. 21 ACTING PRESIDENT KUHL: Senator 22 Ohrenstein on the nomination. 23 SENATOR OHRENSTEIN: This morning 8954 1 was Bronx day. This afternoon seems to be 2 Manhattan day, and I'm delighted to follow my 3 good friend Roy Goodman for a second time. We 4 may get use to this, Roy. It's very dangerous. 5 But I'm delighted to rise to 6 second this nomination. I did not know Joan 7 Davidson when I went to school, but I have known 8 her since, certainly, and her extraordinary 9 contributions to the life of the City of New 10 York, particularly the cultural life of the City 11 of New York. 12 I am not going to repeat all of 13 the things which Senator Goodman has put on the 14 record, but I can tell you of one unique thing 15 that she did in my constituency. I have talked 16 about this before when we have passed the Loft 17 Bill, and I'm glad Senator Hannon is here. 18 One of the things I've talked 19 about when I described the loft community is the 20 extraordinary development that's taking place in 21 a part of Manhattan by using older buildings and 22 reconverting them to extraordinary uses, 23 residential uses, artistic uses; and Joan 8955 1 Davidson, and her family, was instrumental in 2 converting an old factory, which was known as 3 Westbeth, into an incredible living space 4 particularly for the arts community. And it's a 5 real monument to her and to our community and to 6 the life of downtown Manhattan. 7 And if she could do that for that 8 little place in downtown Manhattan, what can she 9 do to the parks, to the magnificent parks of the 10 State of New York. 11 We were extraordinarily lucky to 12 have someone like Orin Lehman, who has been with 13 us for so many years, in charge of the parks and 14 saw the burgeoning of our park system all across 15 the state. 16 And I can't think of anybody 17 better who can carry on that legacy and put her 18 own imprimatur it than Joan Davidson. 19 I'm glad to be here to second the 20 nomination. 21 ACTING PRESIDENT KUHL: On the 22 nomination. 23 Senator Hoffmann. 8956 1 SENATOR HOFFMANN: Thank you, Mr. 2 President. 3 I was very impressed with Joan 4 Davidson's comments during the confirmation 5 hearing held by Senator Johnson's committee, and 6 I also was extremely impressed with the 7 testimony that was mailed into us and phoned in 8 by the many people who have had the pleasure of 9 working with Joan Davidson. 10 But those of us who have been 11 here for any number of years recognize that she 12 faces an awesome task ahead, because she is 13 going to be inheriting the helm of another 14 distressed state agency for which there are 15 many, many more demands for assistance than 16 there will be resources. There will be stains 17 on the already strained work force of the 18 Department of Parks and Recreation and Historic 19 Preservation. 20 So what we truly need is a woman 21 of remarkable talent and creativity at the helm; 22 and in Joan Davidson, we seem to have found 23 one. 8957 1 Just to reinforce the scope of 2 the problem that she inherents at Parks and 3 Recreation -- I don't want to burst the bubble 4 of this great euphoria today, Joan, but the 5 Rockefeller Institute of Government issued a 6 report stating that: 7 The state park system needs an 8 immediate infusion of $1.8 billion over the next 9 ten years to prevent the infrastructure of the 10 parks from crumbling. The agency itself has 11 documented a backlog of 7,000 man-hours, or 12 woman-hours, take your pick, of maintenance and 13 repairs yet to be done. 14 The agency's capital backlog, 15 accumulated since 1972, is estimated at nearly 16 $600 million by its own estimate. 17 We have great times ahead trying 18 to figure out how we will keep our park system 19 afloat much less how we will create new parks 20 opportunities in areas where the population is 21 moving. 22 But Joan Davidson through her 23 work with the Kaplan foundation apparently has 8958 1 demonstrated the ability to be remarkably 2 creative where few other people have been 3 before. 4 I am astounded by the statistics 5 that were provided on her tenure at the Kaplan 6 Fund. During her tenure at the Kaplan Fund, the 7 assets of the foundation increased from $27 8 million to $90 million. I wonder if perhaps we 9 might want to reconsider and give Joan Kaplan 10 Davidson the Comptroller's position. Certainly 11 anybody who has the ability to turn $27 million 12 into $90 million is someone that we need in 13 state government right now more than ever 14 before. 15 When Joan testified, she listed a 16 series of objectives she had, and I jotted down 17 a couple of them because I thought that they 18 meshed so neatly with the responsibility she's 19 going to face. 20 She said she plans to think 21 creatively in meeting the public need at parks. 22 She wants better cooperation 23 between state agencies. 8959 1 And she wants to work with 2 existing groups like friends of parks and 3 hunting and fishing organizations. 4 All three of these would be 5 unremarkable if they weren't so unique for some 6 of our moribund state agencies. These are 7 assets that are going to be invaluable in the 8 years ahead. 9 Probably the most important 10 telling point for Joan Davidson, though, was the 11 testimony that came in from people with whom she 12 has worked over a period of years. 13 In my district in Casanovia, the 14 Friends of Lorenzo wrote that "Over 20 years, I 15 have been actively involved in historic 16 preservation professionally, first at the 17 historic Anapolis Foundation and as a volunteer 18 chairman of the Anapolis Historic District 19 Commission. I have known Joan Davidson through 20 her work in national preservation 21 organizations. We are very fortunate that she 22 is a New Yorker willing to undertake the 23 demanding position of Commissioner." That from 8960 1 Mary Pringle Simmons, President of the Lorenzo 2 Foundation. 3 From Scenic Hudson the testimony 4 came, "I have known and worked with Ms. Davidson 5 for over fifteen years. During this time, she 6 has demonstrated the leadership skills, 7 creativity, boundless energy and management 8 abilities that will be necessary to invigorate 9 the Office of Parks during these trying 10 budgetary times." 11 The American Farmland Trust, an 12 organization that's come into its own in New 13 York State and nationally, protecting 14 agriculture and promoting agriculture as an 15 industry at the same time it protects the 16 agricultural and scenic landscape, stated that 17 "Joan Davidson has demonstrated a strong 18 interest in farmland protection and land 19 conservation issues. She clearly understands 20 the details of complex land transactions and 21 recognizes the wider policy implications of 22 these projects, as well." 23 And it further states that "Ms. 8961 1 Davidson's ability to make difficult decisions 2 about allocation of limited resources will 3 benefit both the taxpayers of New York and the 4 Office of Parks, Recreation and Historic 5 Preservation. 6 Probably the most moving 7 testimony of all came from a group entitled the 8 Hudson River Heritage. I would just like to 9 close by mentioning that one of the comments 10 that was made about Joan Davidson stated her 11 nurturing with this same organization. The 12 Hudson River Heritage described how "She made 13 all the difference for our organization. It was 14 the confidence of the J. M. Kaplan Fund in 15 Hudson River Heritage that helped us grow from a 16 small group of volunteers meeting around a 17 kitchen table to a more substantial organization 18 with a staff and an office. At first, she 19 helped us pay for these small operating expenses 20 that motivate volunteers to more effective 21 efforts. Then she assisted us in hiring experts 22 to document the building of landmark district. 23 Joan Davidson empowered us and transformed us 8962 1 and many groups like us." 2 My colleagues, we need people in 3 state government now who are capable of 4 empowering and transforming the taxpayers of 5 this state and of directing state agencies to 6 meet our needs, and, in that, we have found Joan 7 Davidson. 8 Congratulations, Joan. We look 9 forward to working with you. 10 ACTING PRESIDENT KUHL: On the 11 nomination. 12 Senator Leichter. 13 SENATOR LEICHTER: Yes, thank you 14 very much, Mr. President. 15 The Governor has really given us 16 an exceptionally qualified candidate, a very 17 special person, for a state agency that's 18 terribly important and very special because of 19 the importance of open space, recreation, parks, 20 for our society. 21 I have known Joan Davidson for 22 many, many years, admired her energy, admired 23 her work. She's been such an important part of 8963 1 the cultural life of this state. 2 But, recently, I had the 3 opportunity to work with her on the Hudson 4 Valley -- Hudson River Valley Green Way Council, 5 and it was just such a particular delight and 6 pleasure to have her contribution to our effort 7 to save that wonderful historic scenic feature 8 of New York's geography. 9 And this is just an indication of 10 her varied interest, her abilities. Her 11 contribution to the Green Way Council were 12 immense, but then she and the Kaplan Fund have 13 been involved for many years in open space and 14 historic preservation. 15 It's really wonderful when you 16 can find somebody, when you get that fit of 17 somebody with her background, experience, 18 ability in an agency. The Governor could not 19 have made a better appointment. I'm delighted 20 to second the nomination. 21 ACTING PRESIDENT KUHL: Senator 22 Oppenheimer, on the nomination. 23 SENATOR OPPENHEIMER: Welcome, 8964 1 Joan Davidson. You have big shoes to fill in 2 filling Orin Lehman's shoes; but after reading 3 what you have accomplished, I think we've found 4 the right candidates to fill those shoes. 5 Particularly, I also had to note your fund 6 raising efforts, and I must say we could use 7 those efforts. And any directions that you can 8 find that will permit us to spend more. And 9 often I think through public/private 10 coordination and cooperation, if we turn our 11 attention there, I think we may be able to do 12 better by the parks than we have been doing in 13 the last several years, where because of tight 14 budgets we have seen our parks really 15 deteriorate, and that is a tragedy. 16 But I will be very, very anxious 17 to work with you. I represent part of the 18 Hudson River now after the re -- the relining of 19 our districts last year and have been very 20 involved in the watershed issue, protecting the 21 watershed, working with Bobby Kennedy and 22 various people in Westchester who are very 23 concerned about that issue and what will 8965 1 transpire between New York City and the suburban 2 areas, perceiving different needs, but we will 3 find a resolution to that, and I'm sure you are 4 going to be part of the solution, and I'm just 5 very delighted to be able to second your 6 nomination and, again, to see a very competent 7 woman, a woman who can achieve what we know has 8 to be done be selected by our governor. 9 Thank you. 10 SENATOR STAFFORD: Mr. President. 11 ACTING PRESIDENT KUHL: Senator 12 Stafford. 13 SENATOR STAFFORD: I would just 14 like to emphasize and second everything that has 15 been said so well here today concerning Mrs. 16 Davidson. There probably isn't a district that 17 has more parks than my own. Now, a couple 18 people might stand up here. I can understand 19 why. 20 But I would point out, with the 21 commissioner-to-be here, that I think the 22 Legislature as far as appropriating funds, as 23 was pointed out earlier, is going to have to 8966 1 take some hard looks at our parks. We have some 2 very severe problems. It supports many 3 industries including tourism. And I would only 4 point out that we have to meet our 5 responsibility as our Commissioner accepts her 6 responsibility. 7 ACTING PRESIDENT KUHL: Ladies 8 and gentlemen, the question on the confirmation 9 of Joan K. Davidson to the Commissioner of 10 Parks, Recreation and Historic Preservation is 11 before you. All those in favor, signify by 12 saying aye. 13 (Response of "Aye.") 14 Contrary, nay. 15 (There was no response.) 16 The confirmation is confirmed. 17 Commissioner Davidson, on behalf 18 of all my colleagues, let me extend to you our 19 congratulations and tell you how happy we are to 20 have you working for us, a person of your 21 capabilities and experience, and we really do 22 look forward to working with you. 23 (Applause.) 8967 1 THE SECRETARY: Senator Stafford 2 from the Committee on Finance reports the 3 following nomination: Commissioner of Mental 4 Retardation and Developmental Disabilities 5 Thomas A. Maul of Schenectady. 6 ACTING PRESIDENT KUHL: Senator 7 Farley, on the nomination. 8 SENATOR FARLEY: Thank you, Mr. 9 President. Gives me a great deal of pleasure to 10 move the nomination of Thomas A Maul of 11 Schenectady. Tom Maul, incidentally a graduate 12 of Canisius College, which I'm sure that Senator 13 "Mayor" Masiello won't hold against him, has 14 been a career person not only in the old 15 Department of Mental Hygiene, but a person that 16 has been a public servant par excellence. 17 Tom Maul has -- is absolutely 18 adored by everybody that works in that 19 department, by everybody that's been involved in 20 the Legislature. And to see somebody that's 21 come up through the ranks -- he looks like he 22 started as a real young fellow -- as a junior 23 reimbursement agent. 8968 1 I commend the Governor for making 2 this appointment in recognizing this excellence 3 of public service and now that he is reached the 4 pinnacle of his career as the Commissioner of 5 this department. 6 I know the chairman, Senator 7 Spano, who has done such a suburb job in the 8 area of mental retardation and developmental 9 disabilities, has the highest regard. And my 10 colleagues that I serve with, one after the 11 other, have told me what a delight this man is 12 to work with. 13 And it is with a great deal of 14 pleasure that I move the nomination of Thomas A. 15 Maul as Commissioner of Mental Retardation and 16 Developmental Disabilities. 17 ACTING PRESIDENT KUHL: On the 18 nomination. Senator Masiello. 19 SENATOR MASIELLO: Thank you very 20 much. 21 Ladies and gentlemen, in the 22 waning hours of my tenure here in Albany, 23 probably my last or second last meeting, it's 8969 1 certainly a pleasure that I get the opportunity 2 to second the nomination of a Buffalonian, 3 somebody who was born and raised in Buffalo, who 4 attended Canisius High School and my alma mater, 5 Canisius College, but somebody who is very, very 6 dedicated, somebody who is very competent, 7 somebody who did come up through the ranks, paid 8 his dues, made a lot of sacrifices, but somebody 9 whose heart and whose mind has been in the right 10 place. 11 Dealing with the developmentally 12 disabled is a difficult issue. Often times, 13 it's very emotional, controversial. But I think 14 Tom Maul is the supreme type of person who 15 believes in what he does, certainly has a very 16 competent staff with him. And all the issues 17 that I have had to deal with over the many years 18 I have been here, 13 years, pertaining to the 19 developmentally disabled, whether they were 20 emotional or financial, dealt with families, 21 dealt with the concerns of that constituency, he 22 has always been a very true professional. 23 And I'm just very, very happy 8970 1 that the last nomination of Governor Cuomo that 2 I have an opportunity to vote on is certainly 3 for one who is not only a native son of Buffalo 4 but a supreme human being who has done a great 5 job dealing with a very difficult issue and a 6 very difficult constituency, but certainly a 7 Commissioner whose mind and whose heart is in 8 the right place. 9 And it is my pleasure that I 10 second the nomination of Tom Maul as 11 Commissioner of OMRDD. 12 Good luck to you, Tom. 13 ACTING PRESIDENT KUHL: The 14 question is on the nomination. 15 Excuse me. Senator Stachowski. 16 SENATOR STACHOWSKI: Mr. 17 President. I, too, would like to rise to second 18 the nomination of Tom Maul. 19 I heard from the Department 20 people how much they think of Tom Maul. I've 21 heard Senator Masiello and Senator Farley speak 22 of Tom Maul, so there is not much to say about 23 him, but I think he'll do a terrific job. 8971 1 I know of his reputation. I had 2 the opportunity to deal with him on a few 3 issues; and in spite of the fact that he is a 4 friends of Al Kaplan's and thinks the world of 5 him, I'm still going to support him, and I'm 6 glad I have the opportunity to stand up and 7 second him and, hopefully, his favorite football 8 team will have another good season. 9 Thank you. 10 ACTING PRESIDENT KUHL: On the 11 nomination. 12 Senator Stafford. 13 SENATOR STAFFORD: I can only, 14 again, emphasize what's been said so well. But 15 I also will point out that in the Finance 16 Committee we were impressed. There is no 17 question that the Commissioner is going to be 18 dealing with some very, very sensitive areas, so 19 to speak, with some of the changes that are 20 being suggestion, but he certainly has proven 21 that he can be sensitive, and I think that he 22 explained to us how he will be moving forward, 23 and we realize that we're not going to keep 8972 1 everyone happy but, on the other hand, I would 2 again emphasize how sensitive this field is, and 3 when we start doing certain things in 4 neighborhoods. But I'm sure that Commissioner 5 Maul will be able to do this, again, with 6 sensitivity and I compliment the Governor on 7 this nomination as the one before. 8 Thank you. 9 ACTING PRESIDENT KUHL: Senator 10 Spano on the nomination. 11 SENATOR SPANO: Thank you, Mr. 12 President. It's my pleasure to join with my 13 colleagues in saying some real nice things about 14 a person that -- he was described by me in the 15 newspaper as "a real nice guy." He is a person 16 who has got almost 30 years experience in the 17 system, has seen a lot of changes in the Office 18 of -- Department of Mental Hygiene, now the 19 Office of Mental Retardation Developmental 20 Disabilities, has seen many changes as we treat 21 people with developmental disabilities, and has 22 seen the system change substantially from an 23 institutional settings to a community-based 8973 1 setting. 2 He has served for the past four 3 years as an Executive Deputy Commissioner under 4 an outstanding Commissioner, Elin Howe, who has 5 done an outstanding job for developmentally 6 disabled, also during the period that she served 7 in her career in the Office of Mental 8 Retardation and Developmental Disabilities. 9 I think the Governor made an 10 excellent choice today, and it was a timely 11 choice, because it was very important to have 12 Tom Maul confirmed as Commissioner during this 13 critical period as we discuss the state budget, 14 the Governor's proposed budget. That's the 15 reason why I felt as chairman of the Mental 16 Health and Developmental Disabilities Committee 17 that it was important to accelerate the process 18 of confirmation. 19 His confirmation is probably one 20 of the fastest we've seen in the history of the 21 Senate. The Governor sent his confirmation down 22 to Senator Marino, the Senate Finance Committee 23 just yesterday around 4:00 o'clock. 8974 1 And although it's been a long day 2 for him today, while he started the process 3 today around 11:00 o'clock, and he's been 4 sitting for the last eight and a half hours, it 5 is going to be a day that will culminate in his 6 selection, confirmation by all the members of 7 this house as a Commissioner so that he will be 8 able to continue to do the fine jobs that were 9 done by his predecessors, both Art Webb when he 10 served as Commissioner and, of course, Elin 11 Howe. 12 So it's my pleasure to stand here 13 and to join with all the members of this house, 14 and particularly Senator Farley, who said some 15 real nice remarks, and to join with my 16 colleagues in seconding the nomination of Tom 17 Maul as Commissioner of the Office of Mental 18 Retardation and Developmental Disabilities. 19 ACTING PRESIDENT KUHL: Senator 20 Waldon, on the nomination. 21 SENATOR WALDON: Thank you, Mr. 22 President. My colleagues. 23 Commissioner, in one of my other 8975 1 lives, I was the counsel to Tom Schirtz, 2 Manhattan County and New York County Services 3 Group, for about 18 months. Prior to that time, 4 I thought I knew a lot about life. I thought I 5 was sensitive to most issues, but a few trips 6 out to Willowbrook, Flower Fifth Avenue and 7 other places and participating before Judge 8 Bartels in the trying of the case, sensitized me 9 in a way that has affected my life 10 tremendously. In fact, I believe it was the 11 single most sobering work experience that I've 12 ever had. 13 The reason that I gladly rise to 14 second your nomination and will vote to confirm 15 you is not because of the experience that I had 16 but because in numerous conversations with 17 people who work for OMRDD at this time, they 18 applaud you in terms of your administrative 19 capability, they applaud you in terms of your 20 sensitivity to all of the people who work in 21 OMRDD, but they especially applaud you in your 22 knowledge of the system and your ability to make 23 it work for those who are your clients. 8976 1 I am especially pleased that 2 those who are African-American and Caribbean 3 America hold you in the highest regard, and I am 4 hopeful that your administration will prove to 5 be one of the very best that the state has ever 6 had. 7 I applaud the Governor, I applaud 8 you and your family, and I wish you all the 9 best. 10 ACTING PRESIDENT KUHL: Senator 11 Libous, on the nomination. 12 SENATOR LIBOUS: Thank you, Mr. 13 President. I, too, rise to second the 14 nomination and join my colleagues in just 15 briefly saying a few things about Tom Maul. 16 As chairman of the Select 17 Committee on the Disabled we certainly had the 18 pleasure with my staff in working with Tom and 19 his people. We have also found him to be a 20 professional and one who understands the area of 21 the developmentally disabled. 22 I think the next couple years are 23 going to be very difficult times in this area, 8977 1 very challenging times, and I think that Tom 2 Maul is the proper person, the one who is 3 dedicated, the one who has the expertise to lead 4 this area into the next few years, and I look 5 forward to working with Tom. 6 Tom, I just want to wish you the 7 very best. 8 ACTING PRESIDENT KUHL: The 9 question is on the nomination of Thomas A. Maul 10 as Commissioner of Mental Retardation and 11 Developmental Disabilities. All those in favor 12 of the confirmation, signify by saying aye. 13 (Response of "Aye.") 14 Those opposed, nay. 15 (There was no response.) 16 The nominee is confirmed. 17 Tom Maul, congratulations. 18 (Applause.) 19 THE SECRETARY: Senator Stafford 20 reports the nomination of Catherine Johnson of 21 Watertown as a member of the Thousand Island 22 State Park, Recreation, and Historic 23 Preservation Commission. 8978 1 ACTING PRESIDENT KUHL: Senator 2 Wright. 3 SENATOR WRIGHT: Mr. President. 4 I rise to move the nomination of Catherine C. 5 Johnson of Watertown. Mrs. Johnson was first 6 appointed to the Thousand Island State Park 7 Commission in 1961 and has served the State of 8 New York for in excess of 32 years, representing 9 our region and representing the interests of the 10 park system, and has been subsequently 11 renominated by three different Governors, 12 confirmed by this house on a number of 13 occasions, and I think it is exemplary of the 14 dedication of an individual who has given of her 15 valuable time and knowledge to support the 16 efforts of our park system. 17 And I think it is particularly 18 important having just been appointed as the 19 chairman of that regional commission by Governor 20 Cuomo that we are now in a position to confirm 21 her reappointment today and at the same time 22 that we've also confirmed a new Commissioner, 23 because I think they both face a great deal of 8979 1 challenges ahead in dealing with the challenges 2 that the state park system is facing at this 3 present time. 4 So it is my honor to move the 5 nomination. Mrs. Johnson has long been an 6 advocate of the park system and very responsible 7 steward of this state's valuable assets and 8 resources. 9 Thank you. 10 ACTING PRESIDENT KUHL: Question 11 is on the nomination. All those in favor, 12 signify by saying aye. 13 (Response of "Aye.") 14 Opposed, nay. 15 (There was no response.) 16 Confirmation is confirmed. 17 THE SECRETARY: Senator Stafford 18 reports the nomination of David S. Mack of Kings 19 Point, member of the Metropolitan Transportation 20 Authority. 21 ACTING PRESIDENT KUHL: Question 22 is on the nomination. All those in favor, 23 signify by saying aye. 8980 1 (Response of "Aye.") 2 Opposed, nay. 3 (There was no response.) 4 The confirmation is confirmed. 5 SENATOR GOLD: Mr. President. 6 ACTING PRESIDENT KUHL: Senator 7 Gold, why do you rise? 8 SENATOR GOLD: Oh, it's fun 9 talking to you sometimes. 10 Mr. President. Just a little bit 11 of housekeeping if I can, very quickly. 12 On behalf of Senator Babbush, I 13 move that the following bills be discharged from 14 their respective committees and be recommitted 15 with instructions to strike the enacting 16 clause: 3376, 6196A. 17 ACTING PRESIDENT KUHL: So 18 ordered. 19 SENATOR GOLD: Mr. President. On 20 behalf of Senator Santiago, I move that the 21 following bills be discharged from their 22 respective committees and be recommitted with 23 instructions to strike the enacting clause: 8981 1 5376, 5460, 5696 and 5697. 2 Not only that, on behalf of 3 Senator Smith, I move that the following bills 4 be discharged from their respective committees 5 and be recommitted with instructions to strike 6 the enacting clause: Bill Number 3546. 7 Mr. President. Now, on a 8 certainly much more serious note, I served 9 notice, Mr. President, of motions to suspend the 10 rules, and it is my understanding that the 11 Majority has a technical problem. 12 And rather than tie up the 13 chamber today, we are going to re-serve these 14 motions and notices, and they are at the desk 15 now. 16 One of them is a notice to 17 suspend the rules so that we can basically have 18 a debate and hopefully pass a wonderful piece of 19 legislation which passed the Assembly and is 20 sponsored in this house by Senator Padavan and 21 basically would bar assault weapons in the State 22 of New York. And I think that there can be 23 nothing more timely for us to do at this moment 8982 1 than to handle that legislation. 2 And the second motion deals 3 with - 4 SENATOR PRESENT: Mr. President. 5 ACTING PRESIDENT KUHL: Senator 6 Gold, Senator Present is asking to be recognized 7 if I might. 8 Senator Present. 9 SENATOR PRESENT: Mr. President. 10 I think Senator Gold is out of order. There is 11 no issue before us, and he is speaking out of 12 order. 13 SENATOR GOLD: I was just 14 explaining what I was doing. 15 SENATOR PRESENT: I know what you 16 were doing. 17 SENATOR GOLD: Very briefly for 18 me. And the second motion is on the issue of 19 bringing before the house a resolution 20 memorializing Congress to take action again in 21 the area of gun control. 22 So I just want to alert the 23 members. That motion is on for tomorrow, and we 8983 1 will take that up at an appropriate time. 2 And I want to thank Senator 3 Present for reminding me that I was probably 4 going a little too long. I can't thank you 5 enough, Senator Present. 6 ACTING PRESIDENT KUHL: Thank 7 you, Senator Gold, for your announcements. 8 And your previous motions are 9 ordered. 10 SENATOR GOLD: Thank you. 11 ACTING PRESIDENT KUHL: Senator 12 Present, what's your wish? 13 SENATOR PRESENT: Return to the 14 calendar, please. 15 ACTING PRESIDENT KUHL: Clerk 16 will read. 17 SENATOR DeFRANCISCO: Mr. 18 President. May I take care of a house cleaning 19 matter before I forget. 20 ACTING PRESIDENT KUHL: Sure. 21 Senator DeFrancisco. 22 SENATOR DeFRANCISCO: May I call 23 up my bill 6169 recalled from the Assembly which 8984 1 is now at the desk. 2 THE SECRETARY: By Senator 3 DeFrancisco, Senate Bill Number 6169, an act to 4 amend the Executive Law. 5 SENATOR DeFRANCISCO: I now move 6 to reconsider the vote by which the bill was 7 passed. 8 ACTING PRESIDENT KUHL: The 9 Secretary will call the roll on reconsideration. 10 (The Secretary called the roll on 11 reconsideration.) 12 THE SECRETARY: Ayes 59. 13 ACTING PRESIDENT KUHL: The bill 14 is before the house. 15 SENATOR DeFRANCISCO: Mr. 16 President, please strike the enacting clause. 17 ACTING PRESIDENT KUHL: Without 18 objection, so ordered. 19 SENATOR GOLD: Mr. President. 20 ACTING PRESIDENT KUHL: Senator 21 Gold. 22 SENATOR GOLD: Jealousy is a 23 terrible thing. Senator Ohrenstein was so 8985 1 excited on the announcements we made on some 2 other people's bills, he wants one done, too. 3 And, on the following bill, by 4 Senator Ohrenstein, we ask that its enacting 5 clause be stricten: It's 1801C. 6 ACTING PRESIDENT KUHL: So 7 ordered. 8 Clerk will read the calendar. 9 THE SECRETARY: Calendar Number 10 1450, by Senator Holland, Senate Bill Number 11 6029A, authorize Tier I status for certain 12 members of the New York City Fire Department 13 Pension Fund. 14 Senator Holland moves to 15 discharge the Committee on Rules from Assembly 16 Bill Number 8696A and substitute it for the 17 identical Third Reading 1450. 18 ACTING PRESIDENT KUHL: 19 Substitution is ordered. 20 There is a home rule message at 21 the desk. 22 Read the last section. 23 THE SECRETARY: Section 2. This 8986 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 59. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 1711, by Senator Kuhl, Senate Bill Number 6215, 10 an act to amend the Education Law, in relation 11 to school building aid for refunding bond 12 issues. 13 ACTING PRESIDENT KUHL: Is there 14 a local fiscal note at the desk? 15 Read the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 59. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 8987 1 THE SECRETARY: Calendar Number 2 1712, by the Senate Committee on Rules, Senate 3 Bill Number 6217, making an appropriation. 4 Senator Marino moves to discharge 5 the Committee on Rules from Assembly Bill Number 6 8930 and substitute it for the identical Third 7 Reading 1712. 8 ACTING PRESIDENT KUHL: 9 Substitution is ordered. 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect immediately. 13 ACTING PRESIDENT KUHL: Call the 14 roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes 59. 17 ACTING PRESIDENT KUHL: The bill 18 is passed. 19 That completes the calendar, 20 Senator Present. 21 SENATOR PRESENT: Mr. President. 22 I move we adopt the Resolution Calendar with the 23 exception of Resolutions 2065, 2067 and 2068. 8988 1 And, Mr. President, please 2 recommit those three resolutions back to the 3 Finance Committee. 4 ACTING PRESIDENT KUHL: Without 5 objection, so ordered. The question is on the 6 adoption of the Resolution Calendar. All those 7 in favor, signify by saying aye. 8 (Response of "Aye.") 9 Opposed, nay. 10 (There was no response.) 11 The Resolution Calendar is 12 adopted. 13 Senator Present. 14 SENATOR GALIBER: Mr. President. 15 ACTING PRESIDENT KUHL: Senator 16 Galiber. 17 SENATOR GALIBER: Mr. President. 18 I have a privileged resolution. I would 19 respectfully ask that the title be read and then 20 call the roll. 21 ACTING PRESIDENT KUHL: I ask the 22 clerk to read. 23 THE SECRETARY: By Senator 8989 1 Galiber, Legislative Resolution, commending 2 Marie E. Thomas, principal of Community 3 Elementary School 132 upon the occasion of her 4 retirement. 5 ACTING PRESIDENT KUHL: The 6 question is on the adoption. All those in 7 favor, signify by saying aye. 8 (Response of "Aye.") 9 Opposed, nay. 10 (There was no response.) 11 The resolution is adopted. 12 Senator Stachowski. 13 SENATOR STACHOWSKI: On behalf of 14 Senator Gold, he has a privileged resolution at 15 the desk. Could you read the title. 16 ACTING PRESIDENT KUHL: The 17 resolution is at the desk. Clerk will read. 18 THE SECRETARY: By Senator Gold, 19 Legislative Resolution, mourning the death of 20 Arthur J. Katzman, former councilman for the 21 22nd District, Queens, New York. 22 ACTING PRESIDENT KUHL: The 23 question is on the resolution. All those in 8990 1 favor, signify by saying aye. 2 (Response of "Aye.") 3 Opposed, nay. 4 (There was no response.) 5 The resolution is adopted. 6 Senator Hannon. 7 SENATOR HANNON: Yes. There is a 8 privileged resolution at the desk, and ask that 9 the title be read. 10 ACTING PRESIDENT KUHL: 11 Resolution is at the desk. Ask the clerk to 12 read. 13 THE SECRETARY: By Senator 14 Hannon, Legislative Resolution, expressing 15 sincerest sorrow upon the occasion of the 16 senseless and tragic killings which occurred on 17 the Long Island railroad commuter train December 18 7, 1993. 19 ACTING PRESIDENT KUHL: The 20 question is on the resolution. All those in 21 favor, signify by saying aye. 22 (Response of "Aye.") 23 Opposed, nay. 8991 1 (There was no response.) 2 The resolution is adopted. 3 Senator Present. 4 SENATOR PRESENT: Mr. President. 5 I now move that the Senate adjourn until 6 tomorrow at noon -- you got something, Joe? - 7 we adjourn until tomorrow at noon. And on 8 behalf of Senator Levy, I would like to announce 9 a Majority Conference at 11:00 a.m. 10 ACTING PRESIDENT KUHL: Senate 11 stands adjourned until 12:00 o'clock tomorrow. 12 (Whereupon, at 7:38 p.m., Senate 13 adjourned.) 14 15 16 17 18