Monday, January 23, 1995

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 January 23, 1995 11 3:01 p.m. 12 13 14 REGULAR SESSION 15 16 17 SENATOR JOHN R. KUHL, JR., Acting President 18 STEPHEN F. SLOAN, Secretary. 19 20 21 22 23 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: Senate 3 will come to order. We ask the members will 4 take their chairs, visitors to find a 5 seat. 6 If you will all rise with me and 7 join in the Pledge of Allegiance to the American 8 flag. 9 (The Assemblage joined in the 10 Pledge of Allegiance to the Flag.) 11 In the absence of clergy, I would 12 ask all of you to bow your heads in a moment of 13 silence. 14 (Whereupon, there was a moment of 15 silence.) 16 Reading of the Journal. 17 THE SECRETARY: In Senate, 18 Friday, January 20. The Senate met pursuant to 19 adjournment. Senator Hoblock in the chair upon 20 designation of the Temporary President. The 21 Journal of Thursday, January 19, was read and 22 approved. On motion, Senate adjourned. 23 ACTING PRESIDENT KUHL: Hearing 1 no objection, the Journal stands approved as 2 read. 3 Presentation of petitions. 4 Messages from the Assembly. 5 Messages from the Governor. 6 Reports of standing committees. 7 Reports from select committees. 8 Communications and reports from 9 state officers. 10 Motions and resolutions. 11 Senator Bruno, that brings us to 12 the calendar. What's your pleasure? 13 SENATOR BRUNO: Mr. President. I 14 would now like to take up the reading of the 15 noncontroversial calendar. 16 ACTING PRESIDENT KUHL: Secretary 17 will read the noncontroversial calendar. 18 THE SECRETARY: Calendar Number 19 1, by Senator Cook, Senate Bill Number 289, an 20 act to amend the Agriculture and Markets Law, in 21 relation to agricultural practices. 22 SENATOR PATERSON: Lay it aside. 23 ACTING PRESIDENT KUHL: Lay the 1 bill aside. 2 THE SECRETARY: Calendar Number 3 2, by Senator Kuhl, Senate Bill Number 514, an 4 act to amend the Agriculture and Markets Law. 5 SENATOR PATERSON: Lay it aside. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 THE SECRETARY: Calendar Number 9 6, by Senator Holland, Senate Bill Number 34, to 10 relocate the Spring Valley Toll Plaza of the New 11 York State Thruway. 12 SENATOR PATERSON: Lay it aside. 13 ACTING PRESIDENT KUHL: Lay the 14 bill aside. 15 THE SECRETARY: Calendar Number 16 8, by Senator Levy, Senate Bill Number 369, an 17 act to amend the Vehicle and Traffic Law, in 18 relation to authorizing the proration of 19 registration fees. 20 ACTING PRESIDENT KUHL: Secretary 21 will read the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect September next succeeding 1 the date on which it shall have become a law. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 THE SECRETARY: Ayes 44. 6 ACTING PRESIDENT KUHL: The bill 7 is passed. 8 THE SECRETARY: Calendar Number 9 11, by Senator Tully, Senate Bill Number 188, an 10 act to amend the Penal Law, in relation to 11 sexual performance by a child under the age of 12 18 years. 13 ACTING PRESIDENT KUHL: Secretary 14 will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect on the first day of 17 November. 18 ACTING PRESIDENT KUHL: Call the 19 roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Ayes 44. 22 ACTING PRESIDENT KUHL: The bill 23 is passed. 1 THE SECRETARY: Calendar Number 2 13, by Senator Holland, Senate Bill Number 205, 3 an act to amend the Criminal Procedure Law, in 4 relation to expenses for extradition. 5 SENATOR PATERSON: Lay it aside. 6 ACTING PRESIDENT KUHL: Lay the 7 bill aside. 8 SENATOR HOLLAND: One day, 9 please. 10 ACTING PRESIDENT KUHL: 11 Tomorrow's calendar. 12 ACTING PRESIDENT KUHL: Senator 13 Bruno. 14 SENATOR BRUNO: Mr. President. 15 Can we now have the controversial reading of the 16 calendar. 17 ACTING PRESIDENT KUHL: Secretary 18 will read the controversial calendar. 19 THE SECRETARY: Calendar Number 20 1, by Senator Cook, Senate Bill Number 289, an 21 act to amend the Agriculture and Markets Law, in 22 relation to agricultural practices. 23 SENATOR PATERSON: Explanation. 1 ACTING PRESIDENT KUHL: Senator 2 Cook, an explanation has been asked for by the 3 Minority Leader. 4 SENATOR COOK: Mr. President. In 5 modern farming, aerial spraying has become as 6 much an accepted practice as I suppose a hundred 7 years ago plowing was. It is a very important 8 thing to be able to spray the crops. As we have 9 tried to encourage agriculture in the modern era 10 in New York State, we have to be able to do the 11 things that make us competitive, make our 12 farmers competitive with people in other 13 states. 14 When you are dealing with a crop 15 such as corn, for example, where you really 16 can't take a wheeled vehicle over the field when 17 the crop is nearing maturity, it is very 18 important to be able to apply pesticides by air, 19 and this bill simply adds aerial spraying as 20 one of the accepted agricultural procedures 21 that is protected under the "Right to Farm" 22 laws. 23 ACTING PRESIDENT KUHL: Senator 1 Paterson. 2 SENATOR PATERSON: Mr. 3 President. Would Senator Cook yield for a 4 question? 5 ACTING PRESIDENT KUHL: Senator 6 Cook, do you yield to Senator Paterson? 7 SENATOR COOK: Yes. 8 ACTING PRESIDENT KUHL: Senator 9 yields. 10 SENATOR PATERSON: Mr. 11 President. My question to Senator Cook is that 12 wouldn't you know that the Department of 13 Environmental Conservation, having the ability 14 and having the uses of pesticide control -- they 15 have a pesticide branch. They have other 16 utilities at their disposal that the Department 17 of Agriculture and Markets does not. Don't you 18 think that they would be better to conduct this 19 kind of review in the first place? 20 SENATOR COOK: Mr. President. 21 The Department of Environmental Conservation 22 exercises very strong, rigid oversight over any 23 kind of aerial spraying. They have to -- the 1 sprayer, for example, has to be licensed by the 2 Department. They have to use procedures that 3 are acceptable by the Department, in fact, even 4 under national standards. 5 The problem that we have had is 6 that persons -- perhaps they don't like the 7 noise of the airplane flying over the house, or 8 for whatever reason -- have tried to interfere 9 with the right of farmers to utilize airplanes 10 for this purpose, and so we now have farmers who 11 we have said in other contexts -- for example, 12 we have said it is inherent in the operation 13 that a tractor is going to make noise when it's 14 plowing a field; and, therefore, even though it 15 is an inconvenience, if the farm was there 16 before the housing development was built, that 17 tractor noise is part of the fact that it's a 18 farming operation. 19 We're simply adding to that that 20 aerial spraying is an inherent part of that 21 farming operation. That does not take them out 22 from the oversight of the Department of 23 Environmental Conservation. They have to comply 1 with all the standards that are established by 2 the Department. They have to go through the 3 training. They have to be licensed. All the 4 procedures have to be the nationally- and 5 statewide-accepted standards. 6 ACTING PRESIDENT KUHL: Senator 7 Paterson. 8 SENATOR PATERSON: Mr. 9 President. If Senator Cook would yield to 10 another question. 11 ACTING PRESIDENT KUHL: Senator 12 Cook yields. 13 SENATOR PATERSON: This is just 14 not a question of a nuisance as in a noisy 15 tractor which is inherent in the operation. 16 During the decades of the '50s and '60s, we had 17 individuals who were victimized by the spraying 18 of pesticides such as DDT and were assured by 19 our government that this was safe. Now 20 nationally DDT has been outlawed, not because 21 it's a nuisance but because it's a hazard and 22 particularly because it's a health hazard. 23 What I am asking, Senator Cook, 1 is, don't you think this kind of aerial spray, 2 something that has been inherently dangerous in 3 this state and in the country, is something that 4 we would want to reserve for the Department of 5 Environmental Conservation? I understand your 6 point that you might feel that they are rigid at 7 times, but if there is an environmentally sound 8 reason to have the Department have sole control 9 over an issue, if there was one time we would 10 want strictness, I would submit to you, Senator 11 Cook, that this would be exactly the time, the 12 aerial spray of pesticides. 13 SENATOR COOK: Mr. President. 14 ACTING PRESIDENT KUHL: Senator 15 Cook. 16 SENATOR COOK: To repeat myself. 17 This bill does not remove the oversight that is 18 currently being exercised by the Department of 19 Environmental Conservation. It does not say 20 that you can spray regardless of the 21 circumstances. It does not say that the 22 Department of Environmental Conservation can not 23 continue to exercise its control or its 1 regulation or its inspection or anything else. 2 It simply says that given that level of 3 regulation, people can't stop farmers from 4 spraying simply because they don't like the 5 nuisance of having an airplane flying over their 6 house, which is basically what we're dealing 7 with. 8 ACTING PRESIDENT KUHL: Senator 9 Paterson. 10 SENATOR PATERSON: Mr. 11 President. I think Senator Cook has satisfied 12 my questions by his answer both times. 13 On the bill, I would just like to 14 submit to the rest of my colleagues that the 15 aerial spray of pesticides is more than just the 16 nuisance of an airplane flying overhead, and I 17 think that this bill is actually rather 18 sensitively constructed. Senator Cook is 19 right. They do not solely restrict the 20 Department of Environmental Conservation. 21 But what we are saying is that 22 this type of situation, the aerial spray of 23 pesticides, has been so dangerous in the past 1 that we would not even want to limit or scale 2 back, by having an opinion stated by the 3 Commissioner, at any point, the purview that the 4 Department of Environmental Conservation has. 5 ACTING PRESIDENT KUHL: Chair 6 recognizes Senator Oppenheimer. 7 SENATOR OPPENHEIMER: I'm sorry I 8 was four minutes late. We are really starting 9 on time, aren't we, Mr. President? 10 Therefore, I'm not exactly 11 certain what's been said before I got here, but 12 I want to mention on this bill that the EPL 13 strongly opposes this for reasons that we have 14 discussed in past years. Basically, it's very 15 difficult to control spraying, particularly in 16 suburban areas where houses are right on top of 17 each other; and while we were told many years 18 ago that DDT was perfectly harmless, we now see 19 that substance has been banned after very 20 serious and deadly cases arose from the very 21 serious health risks involved. 22 To liken this to farm problems 23 like the noise from tractors or the smell from 1 manure is just not realistic. We are talking 2 about substances that are in air currents that 3 may possibly be carcinogens and can implicate 4 the health of many people in surrounding areas, 5 and I feel it is fundamentally different from 6 the other farm practices that we have been 7 discussing and that we have tried to protect. 8 So for that reason, for the 9 serious possible implications of aerial spraying 10 of pesticides, I would urge a no vote, as does 11 EPL. 12 ACTING PRESIDENT KUHL: Chair 13 recognizes Senator Dollinger on the bill. 14 SENATOR DOLLINGER: Mr. 15 President. Will the sponsor yield just to one 16 question? 17 ACTING PRESIDENT KUHL: Senator 18 Cook, do you yield to Senator Dollinger? 19 SENATOR COOK: Yes. 20 ACTING PRESIDENT KUHL: Senator 21 yields. 22 SENATOR DOLLINGER: I apologize, 23 Senator, I didn't hear the first part of the 1 discussion about this bill, but I just wanted to 2 ask you, do you have any specific instances in 3 this state in which aerial spraying of crops has 4 been determined to be a private nuisance and the 5 courts issued an injunction banning aerial 6 spraying because it was a public nuisance? 7 SENATOR COOK: No. 8 SENATOR DOLLINGER: Are there any 9 specific instances that this refers to? 10 SENATOR COOK: Mr. President. 11 There have not been any cases where the Court 12 has specifically hneld that the spraying could 13 not be carried out. There's been instances 14 where people have complained to the Department 15 of Environmental Conservation. The Department 16 has gone to the farm, has looked at every part 17 of the operation, has determined that it was 18 being done meticulously in compliance with the 19 regulation and people have still continued to, 20 for want of a better word, harass the farmer 21 about this and for the only -- the only reason 22 that one could determine was the mere nuisance 23 of the noise. 1 SENATOR DOLLINGER: Seems to me, 2 Mr. President, just on the bill that - 3 ACTING PRESIDENT KUHL: Senator 4 Dollinger on the bill. 5 SENATOR DOLLINGER: -- the system 6 has worked reasonably well to date, and there 7 have been no findings of public nuisance that 8 the sponsor knows of, and I personally would 9 feel more comfortable leaving it to the courts 10 to balance those interests about whether the 11 aerial spraying is causing the kinds of problems 12 that Senator Oppenheimer made reference to or 13 whether it's deleterious to the farmer. I would 14 leave this to the courts and not enact this 15 bill. 16 I will be voting in the negative, 17 Mr. President. 18 ACTING PRESIDENT KUHL: Is there 19 any other Senator wishing to speak on the bill? 20 (There was no response.) 21 ACTING PRESIDENT KUHL: Hearing 22 none, the Secretary will read the last section. 23 THE SECRETARY: Section 2. This 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT KUHL: Announce 6 the results. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 1 are Senators 9 Abate, Connor, Espada, Gold, Jones, Kruger, 10 Leichter, Levy, Markowitz, Mendez, Montgomery, 11 Oppenheimer, Paterson, Solomon, Tully, also 12 Senator Dollinger. Ayes 37. Nays 16. Also 13 Senator Onorato recorded in the negative. 14 ACTING PRESIDENT KUHL: The bill 15 is passed. 16 Secretary will continue to read. 17 Senator Leibell? 18 THE SECRETARY: Also Senator 19 Leibell in the negative on Calendar Number 1. 20 Calendar Number 2, by Senator 21 Kuhl, Senate Bill Number 514, an act to amend 22 the Agriculture and Markets Law, in relation to 23 the duties of the Commissioner of Agriculture 1 and Markets. 2 SENATOR PATERSON: Explanation. 3 ACTING PRESIDENT KUHL: Lay the 4 bill aside for the day. 5 THE SECRETARY: Calendar Number 6 6, by Senator Holland, Senate Bill Number 34, to 7 relocate the Spring Valley Toll Plaza of the New 8 York State Thruway. 9 ACTING PRESIDENT KUHL: Senator 10 Holland, explanation has been asked for by the 11 Acting Minority Leader. 12 SENATOR HOLLAND: Mr. President. 13 This is a bill that has passed this house a 14 number of years and passed last year 57 to 15 nothing. 16 The Spring Valley toll barrier is 17 a barrier that runs across the middle of the 18 Thruway in the center of Rockland County. Most 19 other toll collecting facilities on the Thruway 20 are at an entrance or an exit. This is, I 21 believe, really unfair to the citizens of Orange 22 and Rockland County. It stops -- it charges 23 them 80 cents making the tour -- making the 1 cross the -- the county and no other -- or very 2 few other counties that happens in. 3 If you take the tolls from the 4 Harriman barrier to the Yonkers barrier, the 5 tolls on the New York State Thruway are about 25 6 percent, and it's 9 percent of the mileage. We 7 in Rockland and Orange County pay an unfair 8 percentage of the tolls on the New York State 9 Thruway. 10 I am trying to get this moved so 11 that that will not only give us a fairer amount 12 of tolls but will also improve the air quality 13 in the County of Rockland and the County of 14 Orange. Since Route 287 -- do you know what 287 15 is? It's the new beltway that comes around the 16 City of New York. It enters the Thruway at 17 Suffern, and trucks and vehicles have an 18 opportunity to go north to Stewart Field, the 19 Newburgh-Beacon Bridge to Boston, et cetera, or 20 across the Tappan Zee Bridge. Since 287 came in 21 just recently, the number of trucks has 22 increased 100 percent on the Tappan Zee Bridge. 23 It's fallen off appreciably on the George 1 Washington Bridge. It is unfair to put that 2 kind of burden on Rockland County and is not 3 done in many other areas in the State of New 4 York. 5 I believe this toll barrier 6 should be moved from the center of our county 7 and put back at the entrance of 287 so that we 8 can catch trucks and private vehicles coming 9 into the Thruway, whether they are going north 10 to Stewart Field, et cetera, or across the 11 Tappan Zee Bridge. 12 I don't know how many of you have 13 gone down Route 95 to Washington, D.C., or 14 Richmond; but as you enter, on that 95, a 15 different state, you will find a toll barrier on 16 each and every state collecting as you hit the 17 state. I do it often. I don't find it unfair, 18 and I don't think the people entering the State 19 of New York would find it unfair, either. 20 ACTING PRESIDENT KUHL: Senator 21 Paterson. 22 SENATOR PATERSON: Mr. 23 President. Would Senator Holland yield for a 1 question? 2 ACTING PRESIDENT KUHL: Senator 3 Holland, do you yield? 4 SENATOR HOLLAND: Yes. 5 ACTING PRESIDENT KUHL: Senator 6 yields. 7 SENATOR PATERSON: Senator 8 Holland, I have made those trips that you are 9 describing. Fortunately for the state and the 10 Thruway, I have never driven them, but the 11 question that I have for you is, the New York 12 State Thruway Authority has a memorandum in 13 opposition and they calibrate the expenses to 14 move that toll at $100 million dollars. Now, 15 that sounds a little bit in excess to me, and I 16 assume it would for you, so I just wanted to 17 know if there is a fiscal impact notice or how 18 much it would cost? 19 SENATOR HOLLAND: I do not have 20 the figures, Senator. But, yes, it is 21 ridiculous because the total cost was $100 22 million. I doubt just to add toll barriers 23 would cost the same amount as to put in the 1 entire road facility. 2 Yes, sir, I don't have the 3 figures that you are looking for, but I'm sure 4 it could be done. 5 Let me tell you another thing 6 that the budget of the Thruway -- the 7 collections of the Thruway Authority annually 8 are about $300 million, and their maintenance - 9 their budget is about $200 million. I don't 10 know where the rest of that money goes, but I'm 11 sure they have excess money that they roll over 12 every year for things that have to be done. We 13 had a recent meeting with Mr. Shaffer and other 14 members of the Thruway Authority, and they told 15 us that they just didn't have the money to do 16 it. 17 However, if you recall, recently, 18 Senator, there was a rock that fell down in the 19 County of Westchester on top of a woman's car. 20 There was no discussion about money at that 21 time. They removed all the rocks up and down 22 the Thruway and had the necessary funds to do 23 it. I think they can find the necessary funds 1 to move this toll barrier, as well. 2 SENATOR PATERSON: Thank you, 3 Senator. 4 ACTING PRESIDENT KUHL: Senator 5 Markowitz on the bill. 6 SENATOR MARKOWITZ: Thank you 7 very, very much. 8 Senator Holland, if I was the 9 Senator in your community, I would advocate 10 exactly what you are advocating this afternoon. 11 But I want to keep with -- in this instance, 12 with the Republican agenda. 13 We don't have the money to spend, 14 Senator Holland. I'm sorry. You are going to 15 suggest to me that we should spend the precious 16 dollars in our state budget? Governor Pataki is 17 going to have enough challenges. You are asking 18 us to take some money away maybe from Medicaid 19 recipients, for instance, and remove your 20 barrier for the folks in Rockland County who, 21 obviously, feel that we are spending too much 22 government money because, judging by the results 23 -- and I know the results up there in this 1 recent election -- I want to keep with the 2 spirit of the residents in Rockland County, "Do 3 less with less." 4 And so it seems to me that if 5 Brooklyn residents have to spend to go two 6 miles, from Brooklyn to Staten Island, six 7 dollars, or we have to go from Brooklyn to 8 Manhattan and we're charged six dollars, well, 9 you know what? I have no tears for the 10 residents of Rockland County. 11 SENATOR HOLLAND: Mr. President. 12 ACTING PRESIDENT KUHL: Senator 13 Oppenheimer. Senator Holland? 14 Senator Holland, I have several 15 other members who have asked to be recognized. 16 SENATOR HOLLAND: I would like to 17 just answer. 18 ACTING PRESIDENT KUHL: And I 19 didn't hear a question. 20 Senator Oppenheimer. 21 SENATOR OPPENHEIMER: If Senator 22 Holland would like to give an answer before the 23 question, that would be very clever of him. 1 Give your answer. 2 SENATOR HOLLAND: Thank you, 3 Senator. 4 Senator Markowitz, you 5 understand, this is an authority. This does not 6 come out of the state budget. This is a user 7 fee. Only comes from the people who use the 8 Thruway. Your comments were, I'm sorry, but 9 incorrect in this particular situation. 10 SENATOR OPPENHEIMER: Senator 11 Holland, if you would yield for a question. 12 ACTING PRESIDENT KUHL: Senator 13 Holland, do you yield for Senator Oppenheimer? 14 SENATOR HOLLAND: Yes. 15 ACTING PRESIDENT KUHL: Senator 16 yields. 17 SENATOR OPPENHEIMER: I'm trying 18 to understand the logistics of this. Where you 19 want the toll barriers to go, to be established, 20 how far distant is that from where they 21 presently are now? 22 SENATOR HOLLAND: It's maybe 23 three or four miles. It's not a long distance. 1 It's just that as the beltway comes around the 2 City, it attaches to the Thruway at Suffern, New 3 York, and the people at that point have an 4 option of going north or across the Tappan Zee 5 Bridge. So it's not the distance. It's just 6 the location. 7 SENATOR OPPENHEIMER: Would you 8 yield for another question? 9 SENATOR HOLLAND: Sure. 10 SENATOR OPPENHEIMER: The second 11 toll barrier would still be in your -- would 12 still be in Rockland County. Is that correct? 13 SENATOR HOLLAND: Yes. It would 14 be on the Jersey line in Rockland, yes. 15 SENATOR OPPENHEIMER: Then yield 16 for one more question. 17 ACTING PRESIDENT KUHL: Senator 18 continues to yield. 19 SENATOR OPPENHEIMER: Then you're 20 saying we would acquire a lot more revenues if 21 we were to move the toll? I'm trying to find 22 out why we're moving a toll barrier three 23 miles. I can't find a justification. Is there 1 additional monies involved? 2 SENATOR HOLLAND: Okay. The 3 reason I want it moved is because I think it's 4 unfair to the people of this county, just as I 5 feel that the Yonkers toll barrier is unfair to 6 the people of your county, because it is in the 7 center of the Thruway. It is not at an exit. 8 It is not at an entrance. People do not have an 9 option of getting on or not getting on or 10 getting off, et cetera. That's the reason. 11 The comment about the cost, since 12 287 came through, the number of trucks has 13 doubled across the Tappan Zee Bridge, and it 14 will increase as more truckers find out about 15 the route; and, hopefully, we will be able to 16 encourage some of those trucks that are going 17 north to Boston, et cetera, to go north on the 18 Thruway and across the Newburgh-Beacon Bridge, 19 et cetera, rather than coming across the Tappan 20 Zee Bridge and running through the center of 21 Rockland County and the center of Westchester 22 County. But the increase in the income has 23 already gone greatly up, Senator. 1 SENATOR OPPENHEIMER: Thank you, 2 Senator. 3 On the bill. 4 ACTING PRESIDENT KUHL: Senator 5 Oppenheimer on the bill. 6 SENATOR OPPENHEIMER: The fact of 7 the matter is I have the exact same situation in 8 my district. We have the New York State 9 Thruway, called the "New England Thruway" in 10 this area, and we have a toll barrier that is in 11 the middle of a community, New Rochelle, and we 12 bear a substantial amount of the ridership, the 13 traffic of the New York State Thruway in this 14 very limited area. It runs -- we get 25 percent 15 of all the traffic of the New York State Thruway 16 on this little piece that's called the New 17 England Thruway that runs up into Connecticut 18 from Portchester in my district. 19 And I feel that if we advocate 20 that for Senator Holland's district, then we 21 ought to advocate it for all those toll barriers 22 that are placed in the center of communities, as 23 you mentioned, and in areas that are extremely 1 heavy trafficked. We are accustomed to hopping 2 onto the New England Thruway and paying our 3 dollar because that was what existed between the 4 two exits that I had to get on from my office 5 and off from my home; and while the dollar 6 burden was not, you know, awesome, excessive, 7 the fact is it's a nuisance. So I feel if it's 8 a nuisance for Rockland County, then it's also a 9 nuisance for the Long Island Sound part of 10 Westchester County, and I think there are two or 11 three other places in the Thruway that have 12 similar situations. 13 Thank you. 14 ACTING PRESIDENT KUHL: Senator 15 Solomon on the bill. 16 SENATOR SOLOMON: Thank you, Mr. 17 President. Mr. President, will Senator Holland 18 yield, please? 19 ACTING PRESIDENT KUHL: Senator 20 Holland, will you yield to Senator Solomon? 21 SENATOR HOLLAND: Yes, sir. 22 ACTING PRESIDENT KUHL: Senator 23 yields. 1 SENATOR SOLOMON: I'm going to 2 preface this by a statement. As I recollect, 3 your predecessor, while he was in the Assembly, 4 unfortunately, before you came to this chamber 5 -- in fact, I think it was Senator Bruno who 6 related the story to us, when Senator Bruno 7 many, many years ago worked for the governor's 8 staff, that Assemblyman Levy was somehow able to 9 persuade the Rockefeller administration that 10 they needed a new exit on the Thruway for 11 Rockland during a particularly difficult time. 12 I guess, during the budget debate, Senator Levy 13 felt that it was important that that be included 14 in the budget. 15 SENATOR HOLLAND: I remember 16 that, Senator. 17 SENATOR SOLOMON: I'm just 18 curious whether that location of the toll 19 barrier relates to this particular exit and it's 20 located there because this additional exit was 21 put in? 22 SENATOR HOLLAND: No. No, 23 Senator. The exit is the Airmont exit, and 1 there is no toll on the Airmont exit either way. 2 SENATOR SOLOMON: Senator, I know 3 we can't get into an exchange. If you will 4 yield to another question? 5 SENATOR HOLLAND: Yes. 6 SENATOR SOLOMON: Was this toll 7 barrier placed after the location of the new 8 exit or prior to the location of the new exit? 9 SENATOR HOLLAND: Which way are 10 you coming? 11 SENATOR SOLOMON: Let's do it 12 both directions, if I'm coming north and then 13 you can answer it if I'm coming south. 14 SENATOR HOLLAND: Coming across 15 the Tappan Zee Bridge, the toll barrier comes 16 before the Airmont exit if you're coming across 17 the Tappan Zee Bridge going north. 18 SENATOR SOLOMON: I'm sorry. Let 19 me rephrase the question. Was the toll barrier 20 erected after the new exit was opened, or prior 21 to the opening of the new exit. 22 SENATOR HOLLAND: No, it was 23 erected long before. 1 SENATOR SOLOMON: Thank you. 2 ACTING PRESIDENT KUHL: Senator 3 Montgomery. 4 SENATOR MONTGOMERY: Thank you, 5 Mr. President. Would Senator Holland yield for 6 a question? 7 ACTING PRESIDENT KUHL: Senator 8 Holland? 9 SENATOR HOLLAND: Yes, ma'am. 10 ACTING PRESIDENT KUHL: He 11 yields. 12 SENATOR MONTGOMERY: Thank you, 13 Senator. Senator Holland, do you have any idea 14 how much we just spent or the Thruway just spent 15 on the new adjustments to the exits at 15 and 16 15A? 17 SENATOR HOLLAND: Zero. 18 SENATOR MONTGOMERY: The Thruway 19 spent zero on it? 20 SENATOR HOLLAND: It was all 21 federal money. 22 SENATOR MONTGOMERY: All 23 federal. 1 One other question, if you will. 2 The -- you say that New York state has -- this 3 is not New York State money. This is the 4 Authority's money, Thruway Authority. 5 SENATOR HOLLAND: If you are 6 still talking about 287 coming in and that 7 entrance there, all of that $100 million that we 8 talked about before was federal money. 9 SENATOR MONTGOMERY: The money 10 that would be used to make the change that you 11 are - 12 SENATOR HOLLAND: The money that 13 would have to be used to make the change would 14 be Thruway, yes, ma'am. 15 SENATOR MONTGOMERY: I'm just 16 trying to figure out if there is any 17 relationship between the State's bonding 18 authority and the Thruway Authority's financing 19 of such a project. Would we have to approve of 20 them to do additional bonding for that, do you 21 know? 22 SENATOR HOLLAND: I don't think 23 so, Senator, and I'm willing to be corrected on 1 this. I believe it's the Thruway Authority that 2 does that. 3 SENATOR MONTGOMERY: Thank you. 4 ACTING PRESIDENT KUHL: Senator 5 Paterson. 6 SENATOR PATERSON: Mr. 7 President. If Senator Holland would indulge me 8 for one further question. 9 ACTING PRESIDENT KUHL: Senator 10 Holland, do you yield to Senator Paterson? 11 SENATOR HOLLAND: Yes. 12 ACTING PRESIDENT KUHL: Senator 13 yields. 14 SENATOR PATERSON: Senator 15 Holland, you said a moment ago that the $100 16 million that originally built that area was 17 federal money. Is that correct? 18 SENATOR HOLLAND: Federal money, 19 yes, sir. 20 SENATOR PATERSON: Right. But 21 you are also saying, and this is what I don't 22 understand -- you then just said that the money 23 to make the change would be Thruway money. 1 SENATOR HOLLAND: Yes. If we 2 move the toll barrier, I believe that would be 3 Thruway money. 4 SENATOR PATERSON: All right. 5 Well, then -- thank you, Mr. President, for 6 Senator Holland's answer, but a further 7 question. 8 If it is Thruway money, then 9 defining it as state, then what I'm in a 10 quandary about because I understand the merits 11 and actually agree with the bill, but what the 12 members on this side of the aisle are trying to 13 point out is the tremendous amount of an 14 expenditure and if there is an increase or 15 decrease in the amount of expenditures or in the 16 appropriation of revenues, I would think there 17 would be a defineable fiscal impact notice; and 18 since we don't have one, I'm still trying to 19 figure out how much money this is going to cost 20 the state to effect this. 21 ACTING PRESIDENT KUHL: Senator 22 Holland, would you like to yield? 23 SENATOR HOLLAND: Again, Senator, 1 I'm sorry that I do not have the figures that 2 you're looking for; however, the money comes 3 from an Authority. It does not come from the 4 state budget. You understand that? 5 SENATOR PATERSON: Yes, I 6 understand that it's an Authority bill, 7 Senator. I was just wondering if you had a ball 8 park figure. Since the Thruway Authority 9 thought it was $100 million, I thought maybe 10 they were going to build a ball park. 11 SENATOR HOLLAND: Yes, Senator. 12 I guess what I can say is we have asked; and in 13 this, what I consider a very poorly written memo 14 from the Thruway Authority, they said it would 15 cost the same amount of money as it would to 16 build the entire 287, and that's just - 17 SENATOR PATERSON: We agreed - 18 I'm sorry. Mr. President. 19 SENATOR HOLLAND: No, that's all 20 right. 21 SENATOR PATERSON: We agreed that 22 that's grossly excessive. 23 SENATOR HOLLAND: Yes. That's 1 all they gave us, Senator. I'm sorry I don't 2 have something other than that for you. 3 ACTING PRESIDENT KUHL: Is there 4 any other Senator wishing to speak on this 5 bill? 6 Senator Dollinger for a second 7 time. 8 SENATOR DOLLINGER: On the bill, 9 Mr. President. It seems to me whether we are 10 spending the Thruway Authority's money or our 11 own money out of the General Fund, one of the 12 messages -- or whether we're spending federal 13 money. No matter where it comes from, one of 14 the messages, at least as I read the tea leaves 15 after November, was maybe we should spend a 16 little bit less. It seems to me this is - 17 whatever this project would cost to do, it 18 doesn't seem to me it's, at this time, worth the 19 cost with all the other things that we've got on 20 our agenda. 21 ACTING PRESIDENT KUHL: Secretary 22 will read the last section. 23 THE SECRETARY: Section 2. This 1 act shall take effect immediately. 2 ACTING PRESIDENT KUHL: Call the 3 roll. 4 (The Secretary called the roll.) 5 ACTING PRESIDENT KUHL: Announce 6 the results when tabulated. 7 THE SECRETARY: Those recorded in 8 the negative on Calendar Number 6 are Senators 9 Dollinger, Espada, Jones, Kruger, Leichter, 10 Markowitz, Nanula, Oppenheimer and Solomon. 11 Also Senator Montgomery. Ayes 43. Nays 10. 12 ACTING PRESIDENT KUHL: The bill 13 is passed. 14 Senator Skelos. 15 SENATOR SKELOS: Mr. President. 16 Would you please recognize Senator Goodman? 17 ACTING PRESIDENT KUHL: The chair 18 recognizes Senator Goodman. 19 SENATOR GOODMAN: Mr. President. 20 With the approval of the Majority Leader, would 21 you please record me in the negative on Calendar 22 Number 1. 23 ACTING PRESIDENT KUHL: Without 1 objection, Senator Goodman will be recorded in 2 the negative on Calendar Number 1. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President. 5 Would you return to motions and resolutions. 6 ACTING PRESIDENT KUHL: Secretary 7 will read. 8 Senator Skelos, we will return to 9 motions and resolutions. There are several, I 10 understand, privileged resolutions at the desk. 11 SENATOR SKELOS: Yes. I believe 12 there is one resolution by Senator Kruger. 13 ACTING PRESIDENT KUHL: I ask the 14 Secretary to read the title -- or read it in its 15 entirety? Senator Kruger, what is your wish? 16 SENATOR KRUGER: Its entirety, 17 please. 18 ACTING PRESIDENT KUHL: Just the 19 title? 20 SENATOR KRUGER: Its entirety. 21 ACTING PRESIDENT KUHL: Its 22 entirety. Secretary will read. 23 THE SECRETARY: Legislative 1 Resolution, by Senator Kruger, honoring Frank 2 Garofalo, Postmaster, Lindenhurst, New York, as 3 Long Island Postmasters' Council "Eagle" 4 Postmaster of the Year at the Annual Dinner 5 Dance held on Saturday, October 15, 1994, at the 6 Naragansett Inn, Lindenhurst, New York. 7 SENATOR KRUGER: In its entirety, 8 please. 9 ACTING PRESIDENT KUHL: Chair 10 recognizes Senator Kruger. 11 SENATOR KRUGER: In its entirety. 12 THE SECRETARY: Whereas, Frank L. 13 Garofalo has been a long-time postal employee 14 being commended for his outstanding work and 15 dedicated service to the community. 16 Frank L. Garofalo has selected 17 the Juvenile Diabetes Foundation, Nassau/Suffolk 18 Chapter, as the charity to receive the proceeds 19 from this Annual Dinner-Dance. 20 Frank L. Garofalo has been very 21 active in the Viceroy Civic Association as a 22 member of the Executive Board, the Oyster Bay 23 Rotary, the Oyster Bay Chamber of Commerce and 1 the United States Postal Inspection Service 2 Mutual Benefit Association. 3 Frank L. Garofalo has dedicated 4 himself to the youth of America as a Troop 5 Leader, Assistant Scout Master, Eagle Scout and 6 member of the Order of the Arrow, Boy Scouts of 7 America. 8 Frank L. Garofalo has been a 9 manager in the Babe Ruth Baseball League of 10 Farmingdale/North Massapequa, Past President of 11 the Mustang League, Pony Baseball; and also Past 12 President of the Farmingdale Baseball League. 13 Frank L. Garofalo earned a 14 Bachelor's of Arts Degree from Canaan College 15 and furthered his education by taking courses at 16 Brooklyn College and Columbia University. 17 Frank L. Garofalo taught special 18 education at Roosevelt Junior/Senior High School 19 and taught handicapped children at the Kaliski 20 School. 21 Frank L. Garofalo has served as 22 Postmaster of Lindenhurst for the past five 23 years. 1 Frank L. Garofalo has been a 2 dutiful husband to his lovely wife, Carol, and a 3 strong father to sons, Frank and Christopher. 4 Now, therefore, be it Resolved, 5 That this Legislative Body pause in its 6 deliberations to honor Frank L. Garofalo for his 7 many years of dedication and service to the 8 community and its future on the occasion of the 9 Annual Dinner-Dance honoring him as "Postmaster 10 Of The Year" held on October 15, 1994. 11 Be it further Resolved, That a 12 copy of this resolution, suitably engrossed, be 13 transmitted to Frank L. Garofalo. 14 ACTING PRESIDENT KUHL: Chair 15 recognizes Senator Kruger on the resolution. 16 SENATOR KRUGER: Thank you, Mr. 17 President. 18 Firstly, I would like to extend 19 the privileges of the floor to Mr. Garofalo. He 20 is with us today, along with his family. 21 A former manager of the Babe Ruth 22 Baseball League of Farmingdale, Mr. Garofalo has 23 demonstrated in no uncertain terms his 1 commitment to our youth and to the communities 2 that he serves. 3 And on behalf of myself, my 4 staff, and our families, congratulations. 5 Secondly, I would like to open 6 the resolution to the floor for sponsorship for 7 those other members that would wish to sponsor. 8 ACTING PRESIDENT KUHL: Question 9 is on the resolution. All those in favor, 10 signify by saying aye. 11 (Response of "Aye.") 12 Opposed, nay. 13 (There was no response.) 14 The resolution is adopted. 15 Postmaster Garofalo, on behalf of 16 Senator Bruno, Senator Kruger, all the members 17 in the house, welcome to the chamber and 18 congratulations on such a great job. Great to 19 have you with us. 20 (Applause.) 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President. 23 I believe we have a resolution at the desk from 1 Senator Markowitz. 2 SENATOR KRUGER: Excuse me, 3 Senator Skelos. If the Senator would yield. 4 At this time I would also like to 5 recognize the presence in the chamber of my 6 family, my very, very close friends, the 7 Kronigs, the Bienkinis, and the Garofalos, as 8 well as the Bergers and my friends that have 9 joined us today, and I wish you a safe trip 10 home. Thank you very much. 11 Thank you. 12 SENATOR SKELOS: I believe there 13 is a resolution at the desk by Senator 14 Markowitz. 15 Senator Markowitz, do you request 16 that it be read in its entirety? 17 SENATOR MARKOWITZ: I do, indeed. 18 ACTING PRESIDENT KUHL: There is 19 a privileged resolution at the desk, Senator 20 Skelos. I'll ask the Secretary to read the 21 resolution in its entirety. 22 THE SECRETARY: Legislative 23 Resolution, by Senator Markowitz and others, 1 honoring Professor Teofilo Ruiz upon the 2 occasion of his designation as recipient of the 3 "Professor of the Year" Award by the Carnegie 4 Foundation for the Advancement of Teaching. 5 Whereas, it is the practice of 6 this Legislative Body to take note of and 7 publicly acknowledge individuals of remarkable 8 integrity and character whose endeavors have 9 enhanced the growth of education in this great 10 state. 11 This Legislative Body is justly 12 proud to honor Professor Teofilo Ruiz upon the 13 occasion of his designation as recipient of the 14 Outstanding Master's Universities and Colleges 15 Professor of the Year Award for 1994-95 by the 16 Carnegie Foundation for the Advancement of 17 Teaching. 18 The Carnegie Foundation for the 19 Advancement of Teaching, a policy study center 20 located in Princeton, New Jersey, is devoted to 21 strengthening America's schools and colleges; 22 the award is given to a professor at a 23 comprehensive college that offers both 1 baccalaureate and master's degrees. 2 Professor Teofilo Ruiz has been a 3 member of the Brooklyn College Department of 4 History since 1973; he was born in Cuba and was 5 a law student in the University of Havana; he 6 became a political prisoner shortly after Fidel 7 Castro took power; upon his release in 1961, he 8 fled to the United States where he decided to 9 pursue his childhood ambition of becoming a 10 teacher. 11 Working as cab driver and factory 12 worker, Teofilo Ruiz put himself through City 13 College at night, receiving a baccalaureate 14 degree magna cum laude in 1969; he went on to 15 earn an M.A. degree from the New York University 16 in 1970 and a Ph.D. in medieval studies at 17 Princeton University in 1974. 18 As a teacher, Dr. Teofilo Ruiz 19 has developed several highly successful and 20 popular courses at Brooklyn College, including 21 "Mystics, Alchemists, and Witches," in which he 22 explores countercultures from the Middle Ages 23 through the Early Modern Period and employs 1 unusual and dramatic teaching methods. 2 Professor Teofilo Ruiz 3 continually demonstrates an impressive 4 dedication, an unparalleled devotion and an 5 unremitting enthusiasm for the quality of 6 educational programs and opportunities offered 7 at his college for the benefit of its faculty 8 and students as well as for the entire 9 community. 10 Rare indeed is the impressive 11 dedication shown by an individual for the 12 benefit of others which Professor Teofilo Ruiz 13 has displayed throughout his life. 14 Now, therefore, be it Resolved, 15 That this Legislative Body pause in its 16 deliberations to honor Professor Teofilo Ruiz 17 upon the occasion of his designation as 18 recipient of the "Professor of the Year" Award 19 by the Carnegie Foundation for the Advancement 20 of Teaching; and 21 Be it further Resolved, That a 22 copy of this resolution, suitably engrossed, be 23 transmitted to Professor Ruiz. 1 ACTING PRESIDENT KUHL: Senator 2 Markowitz on the resolution. 3 SENATOR MARKOWITZ: Thank you 4 very much, Mr. President. 5 What you have just heard, if this 6 was the academy awards, we would all be standing 7 now watching all the actors and actresses 8 applaud, and I can think of the Emmy Awards. 9 This is the Academy Award in America of the best 10 teacher in this nation. 11 Now, this professor did not come 12 from Yale or Princeton or Harvard. He came and 13 comes today from the heart of our state, 14 Brooklyn, New York, Brooklyn College, a publicly 15 financed and supported higher education 16 institution. 17 All of us in this chamber should 18 take great, great pride that one of our own, 19 somebody who fled from Fidel Castro, somebody 20 who worked as a cab driver, went to school in 21 evening session. 22 You, Professor, have made the 23 American dream come true. In spite of cutbacks 1 in spite of the dwindling resources that, 2 unfortunately, the City University has faced 3 over the last number of years, and God knows 4 what we face during this last budget period, it 5 still comes down to the teacher. Can the 6 professor excite the students in his classes? 7 And I have to tell you that from 8 all the students that I have met, there is 9 something at Brooklyn College called "Teoism." 10 Let me tell you about "Teoism." Students, 11 whether they are interested in history or not, 12 register for every single course that they can 13 from this professor -- every single course - 14 because he brings history to today. He excites 15 the students, and so many of them have pursued 16 careers beyond Brooklyn College and have become 17 interested in history and have applied it to 18 many other professions as they move ahead in 19 their lives. 20 And so, it's my honor, on behalf 21 of all of us in Brooklyn, all of us who value 22 public education, all of us that value doing it 23 the old-fashioned way, working for it and 1 earning it, you are a credit to Brooklyn. You 2 are a credit to New York City, to New York 3 State. To all of us from Brooklyn, you are our 4 gift to the state and to the country. 5 Congratulations on this wonderful 6 award. 7 ACTING PRESIDENT KUHL: Chair 8 recognizes Senator LaValle on the resolution. 9 SENATOR LAVALLE: Thank you very 10 much, Mr. President. 11 Certainly, the resolution speaks 12 for itself and the accomplishments of Professor 13 Ruiz; and, certainly, Senator Markowitz I think 14 captured some very important elements that move 15 away a bit from the accomplishment side because 16 it doesn't tell you enough about the person. 17 And I just but today met 18 Professor Ruiz, and I can tell you that I found 19 that -- Senator Markowitz talked about "Teoism" 20 and the excitement. I certainly heard the words 21 and saw a certain passion in the person who was 22 talking to me about students and humanity and, 23 in his own words, about giving back to a system 1 that had given to him; and so I think we are 2 seeing today the best in humanity, the best in a 3 person who is a great resource in New York 4 State, a great resource in the City University 5 and, certainly, to Brooklyn College. 6 These are the kinds of things 7 that we should be eminently proud of, and I'm 8 sure that Professor Ruiz' colleagues and family 9 are indeed very, very proud of him, his 10 accomplishments and his attitude about life. 11 ACTING PRESIDENT KUHL: The 12 question is on the resolution. All those in 13 favor, signify by saying aye. 14 (Response of "Aye.") 15 Opposed, nay. 16 (There was no response.) 17 The Resolution is adopted. 18 On behalf of Senator Bruno and 19 Senator Markowitz, Professor Ruiz, thank you for 20 coming and sharing just a moment of your life 21 with us. We certainly appreciate it, and 22 congratulations on your bestowed award, 23 "Professor of the Year." 1 (Applause.) 2 Senator Skelos. 3 SENATOR SKELOS: Yes, Mr. 4 President. I believe we have another resolution 5 at the desk; and at this time, I would like to 6 yield to Senator Connor. 7 ACTING PRESIDENT KUHL: There is 8 a privileged resolution at the desk. 9 Senator Connor. 10 SENATOR CONNOR: Thank you, Mr. 11 President. May we have the resolution read? 12 ACTING PRESIDENT KUHL: The 13 Secretary will read the resolution in its 14 entirety. 15 THE SECRETARY: Legislative 16 Resolution, by Senators Connor and Bruno, 17 honoring former State Senate Minority Leader 18 Manfred Ohrenstein upon the completion of his 34 19 years of service to the State of New York. 20 Whereas, former State Senate 21 Minority Leader Manfred Ohrenstein, who was 22 first elected to represent the west side of 23 Manhattan in the State Senate in 1960, decided 1 in 1994 not to seek re-election to the 2 Legislature. 3 Manfred Ohrenstein, who served in 4 the Legislature under the administrations of 5 four different governors and six different New 6 York City mayors, was first elected to the 7 position of Senate Minority Leader by his Senate 8 Democrat colleagues in 1975. 9 Manfred Ohrenstein, throughout 10 his 34 years in the New York State Senate, 11 championed a wide variety of important fiscal 12 and public policy issues, including legislative 13 initiatives designed to advance human rights, 14 improve educational opportunities and assist the 15 mentally disabled. 16 Manfred Ohrenstein has also 17 worked to expand government openness and 18 accountability, provide affordable housing for 19 all New Yorkers, improve and stabilize the 20 finances of both New York State and New York 21 City and insure adequate funding for mass 22 transit, including monies needed to make public 23 transportation more accessible to the elderly 1 and disabled. 2 Manfred Ohrenstein counts among 3 his proudest legislative accomplishments the 4 creation and his chairmanship of the first 5 Senate Standing Committee on Mental Health, a 6 panel at his suggestion. 7 Manfred Ohrenstein, as chair of 8 the Joint Legislative Commission on Higher 9 Education in 1965 and 1966, authored the laws 10 leading to the construction of the City 11 University of New York and later, during the 12 years of the New York City fiscal crisis, helped 13 craft the legislation providing for the state 14 takeover of CUNY. 15 Manfred Ohrenstein, newly elected 16 to the position of Senate Minority Leader in 17 1975, was immediately plunged into the 18 incredible effort waged by the State Legislature 19 to rescue New York City from bankruptcy and 20 played an integral role in developing, 21 negotiating and enacting the comprehensive 22 fiscal reforms that restored the City's credit. 23 Manfred Ohrenstein, throughout 1 his entire career, earned a reputation as a 2 staunch human rights advocate, fighting to 3 combat discrimination and bias in all of its 4 forms. 5 Manfred Ohrenstein has been an 6 outspoken advocate for greater openness and 7 accountability in state government, believing 8 that New York's citizens should be provided with 9 enhanced opportunities for meaningful 10 participation in the development of New York's 11 fiscal and public policy. 12 As a legislator and New York City 13 resident, Manfred Ohrenstein has worked 14 diligently to encourage intelligent planning 15 policies that balance the need for economic 16 growth and development with the equally 17 important need to preserve the unique character 18 of the City's diverse neighborhoods. 19 Manfred Ohrenstein was born in 20 Manheim, Germany, and immigrated to the United 21 States with his family in 1938 and has been a 22 leader in the effort to advance Holocaust 23 remembrance and education initiatives. 1 Even though Manfred Ohrenstein, 2 an attorney, decided in 1994 to leave the 3 Senate, he is by no stretch of the imagination 4 retired, pursuing many new challenges and 5 remaining an active participant in politics and 6 New York City community affairs. 7 Now, therefore, be it Resolved, 8 That this Legislative Body pause in its 9 deliberations to honor former Senate Minority 10 Leader Manfred Ohrenstein for his decades of 11 service to the people of the State of New York 12 and wish him every success in the years to come; 13 and 14 Be it further Resolved, That a 15 copy of this resolution, suitably engrossed, be 16 transmitted to Manfred Ohrenstein, former 17 Minority Leader of the New York State Senate. 18 ACTING PRESIDENT KUHL: Chair 19 recognizes Senator Connor on the resolution. 20 SENATOR CONNOR: Thank you, Mr. 21 President. Also, if we could open this up to 22 any colleagues who wish to join, I assume, 23 without objection, all Senators would want to 1 cosponsor this resolution. 2 ACTING PRESIDENT KUHL: I'll 3 direct the Secretary to put all members on the 4 resolution. If there are any of those who don't 5 wish to be on the resolution, would they please 6 notify the desk. 7 Senator Connor. 8 SENATOR CONNOR: Thank you, Mr. 9 President. 10 On the resolution. You know, 11 looking around the chamber, I dare say there are 12 not too many people still sitting in the New 13 York State Senate whose service here predates 14 that of Fred Ohrenstein's. Looking around this 15 side of the aisle -- I said not too many. I 16 know -- I know Senator Marchi. 17 As to the Minority side of the 18 aisle, I think we have but two members who ever 19 served under any other leader as Minority 20 Leader, at least until 22 days ago. I think for 21 my own self, Fred's the only leader I ever knew 22 in my conference, and I think his 23 accomplishments as the resolution pointed out, 1 are well-known and significant. 2 I admit to -- I think all of us 3 on this side of the aisle have a bit of envy 4 when we hear that he founded and chaired the 5 Committee on Mental Health, because it means he 6 was once in the majority in this house and none 7 are left on this side of the aisle who have yet 8 to enjoy that circumstance. 9 But aside from his legislative 10 accomplishments, I think we all know that for 11 many years we had a colleague in Fred Ohrenstein 12 who was a friend, who was as wise counselor, who 13 was a calm voice but, nonetheless, an ardent 14 advocate for the issues he cared about. He was 15 a very strenuous advocate for the rights of the 16 Minority in this house for our viewpoints to be 17 heard and for fair treatment here. 18 Senator Ohrenstein also is just a 19 very, very fine gentleman, who -- we have all 20 enjoyed his company on a social basis. His 21 interest and scope for conversation truly cover 22 a gamut of issues. He has always been well read 23 and fun to be with. 1 Speaking for myself, I can't 2 imagine how I ever would have come to this 3 office, tried to grasp what was involved and 4 gotten a start on being Minority Leader of the 5 State Senate without the help of Senator 6 Ohrenstein, who, from the time our conference 7 met and expressed his choice, was just 8 absolutely wonderful in terms of facilitating a 9 transition, assisting me, making available his 10 staff to advise and assist, really, the whole 11 conference in learning how to do without Fred 12 Ohrenstein as our leader, which is a lesson we 13 are still pursuing. 14 As you know, we left here last 15 July with some vague notion that we will be back 16 at the end of the year. All of us thought, 17 well, we will take our official leave of Fred 18 Ohrenstein at that point, and that didn't 19 occur. So as soon as possible after this 20 session began, I suggested to Senator Ohrenstein 21 that we would like to see him up here to 22 personally extend our farewell. 23 He won't let anybody say he's 1 retired, because he's not. I think he's 2 probably busier than ever pursuing other 3 interests, but he certainly maintains his focus 4 on politics as sort of a senior advisor, 5 statesman, noncombatant but a wise noncombatant. 6 So we are delighted to have 7 Senator Ohrenstein here to recognize his 8 accomplishments; and, Mr. President, I'm sure 9 under the rules we don't really have to do it 10 because he does have the privileges of the floor 11 but to formally say that we extend to Senator 12 Ohrenstein the privileges of the floor today. 13 Thank you. 14 ACTING PRESIDENT KUHL: Chair 15 recognizes Senator Bruno on the resolution. 16 SENATOR BRUNO: Mr. President. 17 Let me just add how welcome this Senator is to 18 this side of the aisle as well as that side of 19 the aisle, today and other days, Senator. 20 It really is a pleasure and an 21 honor for me to acknowledge Senator Ohrenstein's 22 presence and the recognition that we are giving 23 him today; and the record, Mr. President, speaks 1 for itself. 2 There are many people in this 3 chamber that have gone before that have 4 established records and some of them very, very 5 distinguished and outstanding, and Senator 6 Ohrenstein in his 34 years in this chamber has 7 certainly demonstrated what it means to lead. 8 He has advocated for his own constituency and 9 for that of this entire state. Sometimes he's 10 been wrong, but many times he has been right, 11 and I think he is here and living to see a day 12 when a lot of the things that he talked about we 13 are now in this chamber and in this world going 14 forward with; and, again, I commend you for your 15 efforts on behalf of the constituency of New 16 York State. 17 There is one thing that I think 18 that has distinguished Senator Ohrenstein in his 19 career; and that is, while you have established 20 this record with your own constituency and in 21 this state, it's the manner in which you did 22 it. You were always a gentleman in this 23 chamber. You were always respectful of your 1 colleagues. You did things with a particular 2 charm and wit when appropriate, and yet you were 3 as ardent and vociferous as anyone in this 4 chamber when challenged or compelled to do 5 that. You have a style all your own, and I 6 would hope that some of your colleagues will 7 emulate that style in this chamber. 8 ACTING PRESIDENT KUHL: Senator 9 Markowitz, on the resolution. 10 SENATOR MARKOWITZ: Just briefly. 11 I know everyone of us feel just as strongly as 12 Senator Connor and Senator Bruno. 13 The one thing, Fred, that in all 14 the years I have known you is that you acted the 15 same in victory or in defeat. In defeat, you 16 have a graciousness; and in victory are the real 17 -- to me, is the real sign of what an 18 individual is all about, because you had that 19 rare ability to be sensitive and caring to those 20 that did not succeed. 21 It is my hope that in the future 22 here in this house that our current leadership 23 follows your example of leadership, sensitivity 1 for those that are truly in need, understanding 2 for those that may not have had the privilege 3 that many others have had in their lives, 4 understanding that government's role is to 5 provide a helping hand for people that honestly 6 need help. 7 Senator Ohrenstein has always led 8 this house by example with a kind of courage and 9 love and devotion. There is an old Irish word 10 that I use very, very often. You are a true 11 mensch. There will never be anyone, ever, in my 12 opinion, to grace this chamber that will emulate 13 your style, your love, your sensitivity. I know 14 all of us miss you very, very much, and I have a 15 hunch that the values that you instilled and 16 reaffirmed in each one of us, both on our side 17 and, perhaps, even -- even -- on that side, 18 maybe, perhaps, on that side -- I can only hope 19 and pray -- that your principles will be 20 enduring for the millions, for the days and 21 months and years ahead, Senator Ohrenstein. 22 ACTING PRESIDENT KUHL: Chair 23 recognizes Senator Mendez. 1 SENATOR MENDEZ: Mr. President. 2 When my leader at the time, Fred Ohrenstein, 3 decided to go into other things, I felt very 4 much tempted to draw a big sign with the face of 5 people crying and to picket him in front of his 6 home, saying, "We hate to see you leave." 7 We all know that Fred was not 8 only an excellent legislator, was not only a 9 very devoted and passionate defender of the 10 rights of everybody and fulfilling the needs of 11 his constituency, but we know that he was and is 12 a true friend. 13 When I came to the Senate, from 14 the very moment I came to the Senate, he was 15 there for me to advise me and to guide me at a 16 time -- we know when we start this job we need 17 all that. 18 But besides all what he's done 19 for the State of New York, I really want to 20 mention one thing that has always been very 21 endearing to me from him; and that is, that as a 22 leader, he was always a very rational leader. 23 Any member of the conference could have a 1 difference of opinion on any issue and this man 2 would listen and he wouldn't go to the extremes 3 of twisting arms and forcing ideas on people. 4 So that when I think of what democratic 5 leadership is, when I think of what devoted 6 leadership is, when I think what truly rational 7 leadership is, I always think with great warmth 8 in my heart for Fred Ohrenstein. 9 And we know that he is very 10 happy, working very hard on other endeavors, and 11 we miss him, and I do not know any words in 12 Irish like the word mensch, but it could only 13 come to mind that he is truly a great, jolly 14 good fellow. 15 Thank you, Mr. President. 16 ACTING PRESIDENT KUHL: Chair 17 recognizes Senator Abate. 18 SENATOR ABATE: I have particular 19 joy in being able to say some wonderful things 20 about Fred Ohrenstein. I wouldn't be here if he 21 decided to stay here. But, although I was never 22 his colleague, I have been a friend of his, he's 23 been a friend of mine for many years. He served 1 as an inspiration for me. 2 And, clearly, to follow in your 3 footsteps will be near impossible. 4 When I think of Fred Ohrenstein, 5 I think of a great leader and a great 6 humanitarian, someone who leaves New York State 7 a legacy of 34 years of accomplishment. 8 And the one thing that I think is 9 remarkable, if you go through his district and 10 talk to people, everyone speaks fondly of him. 11 Everyone has a wonderful story to say about what 12 he has given to the district and the people in 13 the district. 14 And if you look back on the 34 15 years, Fred Ohrenstein never forgot why he 16 became a public servant. He became a public 17 servant because he wanted to help people and 18 improve the quality of their lives. 19 Best wishes. 20 ACTING PRESIDENT KUHL: Chair 21 recognizes Senator Montgomery. 22 SENATOR MONTGOMERY: Thank you, 23 Mr. President. 1 It is a pleasure to rise and say 2 to Senator Ohrenstein, the only leader that I 3 have also known, that I am indeed very, very 4 proud to have you here and to wish you all the 5 best in the world. 6 And my first official act in the 7 Legislature when I came was that Senator 8 Ohrenstein selected me to accompany the 9 Republican representative, Senator Levy, Gene 10 Levy, to go and make the announcement to the 11 Assembly, and I felt so proud of myself, and we 12 walked into the Assembly chamber and the place 13 burst into applause and I thought they were 14 applauding for me, only to find out they were 15 applauding for Gene Levy, so that was a little 16 bit of a downer, but after getting to know Gene 17 Levy, that was a very, very cherished moment for 18 me, as well. 19 And when I was being prepared by 20 the gossip grapevine who was the best debater 21 and all of that, I was told that Manny Gold was 22 the best debater on our side, and so I listened 23 to him very carefully and I was very impressed, 1 but then I think at some point in time - 2 perhaps when we were debating the apartheid bill 3 or some other significant piece of 4 legislation -- I heard Senator Ohrenstein 5 debate, and I was so inspired and absolutely 6 impressed and amazed at the level of compassion 7 and how compassionate and eloquent he was in 8 expressing his views, particularly as it related 9 to human rights and the rights of people 10 throughout the world in addition to our own 11 nation, and I shall never forget that and will 12 always appreciate that. 13 I think that you have made such a 14 level of contribution to the level of discussion 15 and debate on this floor. I have seen you have 16 tremendous fights with -- at one time Senator 17 Anderson; at other times, Senator Marino. I'm 18 sorry you won't be here to have that same level 19 of compassion with Senator Bruno, but we will 20 attempt to carry on just as well. 21 You were a leader who really 22 cared about your members. I felt that you 23 supported us. I felt that you put together a 1 very dynamic and expert staff to help us in 2 terms of our own desires to represent our 3 constituencies. You were always open to 4 whatever suggestions that we had and our views, 5 and you really, I believe, cared about the same 6 issues that we care about and made them your own 7 issues, and I want to say that I shall always 8 appreciate being able to come into the 9 Legislature and have a leader, to experience the 10 leadership that you provided in terms of the 11 openness and the supportiveness, so that I feel 12 that I have been able to grow and that I have 13 not been stifled by a very -- sort of a tight 14 reign autocratic and unresponsive person in that 15 position. 16 I wish you all the best. We will 17 always consider you at some level our leader. 18 Thank you. 19 ACTING PRESIDENT KUHL: Chair 20 recognizes Senator Leichter. 21 SENATOR LEICHTER: Mr. 22 President. I was sort of jawed, when the 23 resolution was read, to the phrase, "former 1 Minority Leader Fred Ohrenstein" because it's 2 hard somehow to accept the fact and adjust to 3 the fact that Fred Ohrenstein is no longer here 4 as the leader of this Minority. This is no 5 reflection on the very fine Minority Leader we 6 have now. But in all my years in the Senate, 7 Fred Ohrenstein was the leader, and I think it's 8 fair to say that he was not only the leader of 9 the Democratic Conference but he was really the 10 friend of every member of that conference. 11 There was a personal relationship which bespeaks 12 of Fred Ohrenstein, the man. 13 But I think of everyone here I 14 knew Fred and know Fred longer than anyone else, 15 because Fred Ohrenstein and I were active in 16 what was then known as the Reform Movement on 17 the west side of Manhattan; and in 1960, when 18 Fred was elected to the State Senate, I was one 19 of his captains. I worked for him; and he and 20 the late William F. Ryan, who became a 21 distinguished and superior Congressman 22 representing the west side of Manhattan, were 23 elected at that time in a very hard fought 1 campaign. But before Fred got to run as the 2 candidate of the reform movement, he was opposed 3 by one Alan Lowenstein, a name that some of you 4 may know. He also served in Congress and is 5 credited with being one of the leaders of the 6 anti-war movement during the Vietnamese War, and 7 reform clubs and reform movements, particularly 8 on the west side, being what they were, and we 9 were unable to ever agree on anything, so we 10 couldn't agree on whether it should be Fred 11 Ohrenstein or Alan Lowenstein. So there was 12 special mediation, or maybe it was even an 13 arbitration panel set up, of Eleanor Roosevelt, 14 Frank Adams, a former police comissioner, and 15 Garrison -- what is it? -- Lloyd Garrison, of 16 course, a very distinguished attorney; and the 17 feeling was that Alan Lowenstein was going to 18 come out of that panel. In fact, the belief was 19 that panel had been set up to see that Alan 20 Lowenstein came out. 21 But, lo and behold, these three 22 great eminent people saw something that all of 23 us learned who served with Fred Ohrenstein, that 1 he had special qualities and attributes, and 2 they recommended to the reform clubs that Fred 3 ought to be their candidate; and, indeed, we 4 supported Fred, and Fred beat an incumbent State 5 Senator to win this seat. 6 It's not dissimilar to what 7 happened in 1974 after the change in governor 8 ship. When the former Minority Leader who had 9 served for some years as Minority Leader no 10 longer held that position, and Fred ran for that 11 position, the belief was Fred had no chance 12 whatsoever; and when we gathered Democratic 13 Senators, I guess late in 1974, we knew who 14 supported Fred that he was going to come out the 15 winner. But, once again, it was an instance of 16 Fred Ohrenstein, through stint of hard work and 17 through people understanding and appreciating 18 what he could bring to the position coming 19 together and supporting him when he really went 20 into that race as an underdog. 21 There are many, many things I 22 could say about Fred Ohrenstein. I think some 23 of these you know here. We have served with 1 him. As much as we in the resolution focused on 2 his legislative achievements, maybe at a moment 3 like this which means more to us than anything 4 else is really the personal achievements, the 5 colleague that he was, the friend that he was. 6 And I just want to mention one 7 thing because I think it speaks so well of Fred 8 Ohrenstein, the person. As we know, he was very 9 unfairly treated in a situation that occurred in 10 the '80s while he was Minority Leader. I think 11 a lot of people under that situation would have 12 said, "The heck with it," would have left, but 13 Fred fought. He fought because he knew that he 14 was right, and he showed a courage, a 15 determination, and you never saw him down. You 16 never saw him blame anybody. You never saw him 17 bitter. He knew that he was right, that he had 18 done no wrong, and he went through hell. But 19 nobody who worked with him at that time could 20 see what must have been going through him as a 21 person, what must have been within him. 22 And, of course, he prevailed, and 23 that's why I wanted to tell some of these 1 stories about Fred prevailing as the Democratic 2 nominee of the reform movement, Fred prevailing 3 as the Minority Leader of the Democratic 4 Conference, because this person has an enormous 5 heart. This person has enormous strength. Fred 6 Ohrenstein is indeed a very, very special 7 person, and it's good to know he is still going 8 to be active in New York politics. He will 9 certainly be active, continue to be active on 10 the west side, so I will see him, and I will 11 deal with him. 12 And he and I play tennis 13 together, but it will take quite a bit of 14 adjustment not to be able to turn to the 15 Minority Leader and not find Fred Ohrenstein 16 there because he was really an exemplary leader, 17 an exemplary colleague, an exemplary friend. 18 ACTING PRESIDENT KUHL: Chair 19 recognizes Senator Paterson on the resolution. 20 SENATOR PATERSON: Mr. 21 President. About a year ago, I wrote an article 22 for a newspaper. It was an article about 23 issues. It was an article about people, and I 1 was very flattered at the response I got from 2 people, the compliments I received about that 3 particular article. 4 In April, Senator Ohrenstein 5 announced he wasn't going to run for re-election 6 and, in May, I saw him at a fund raiser for 7 Senator Gold. At the fund raiser, he walks up 8 to me and he says, "You know, I read that 9 article of yours and I really don't like it, and 10 we should have dinner some time and talk about 11 it." 12 I found that through the rest of 13 the fund raiser and the rest of the evening, I 14 felt nervous. I felt hypertensive. I couldn't 15 understand what was bothering me. I even said 16 to myself, "I don't care if he likes my article 17 or not. He's not Minority Leader any more. I 18 don't have to listen to him any more." 19 But I think that was when I 20 found, Fred, what my truest respect for you 21 really was. That in the whole time that I was a 22 member of this conference, I think I was always 23 trying to win the approval of Senator 1 Ohrenstein. He has a way of inspiring people, 2 as Senator Montgomery said. He has a way of 3 motivating people. He is a true catalyst. He 4 is really a true leader, and I found that it 5 was a personal commitment that can often be 6 confused with a person's title because they hold 7 it, but is actually an application of their 8 character. 9 I found that Senator Ohrenstein 10 made me do a better job when he was around. I 11 think that all of us in the Minority and in the 12 Majority know that we were just a little bit 13 better when Senator Ohrenstein was around. He 14 stimulated us to be the best we could possibly 15 be. 16 My proudest moment of being your 17 friend, Fred, was in January of 1989. During a 18 capital punishment debate right here in this 19 chamber, when Senator Ohrenstein was asked by 20 Senator Mega in debate what did he think about 21 the death penalty when you put it in the context 22 of the holocaust and the evils of this century, 23 the horror and destruction that had been 1 promulgated in Germany and by the German 2 government. I thought that Senator Ohrenstein's 3 response was one of the most moving that I ever 4 heard in my life. I think I was proud just to 5 be in this chamber with him. 6 I was later proud to work on the 7 establishment of the Holocaust Museum in New 8 York with him. But we also found in that same 9 area an old cemetery that had been an old Negro 10 burial grounds. Every time I held a press 11 conference, Senator Ohrenstein came to the press 12 conference to tell me a lot about the history of 13 early New York, because Manfred Ohrenstein is 14 not just a legislator. He is a man of history. 15 He is a man of culture. He understands sports. 16 He understands everything that he puts his mind 17 to. 18 He is truly a renaissance person 19 that we had the benefit of knowing in the 20 context of the New York State Legislature, but 21 he could have been an admonished professor. He 22 could have been anything that he really wanted 23 to be. He chose, rather, to dedicate his life 1 to public service, and he did it as well as 2 anyone else at that time. 3 And so when we think about the 4 period in Senator Ohrenstein's life, a period of 5 three or four years when he was beset with 6 attacks, with ridicule, with complete character 7 assassination, most of it false, most of it not 8 reflective of the actual record, that was the 9 time, when I think back on it, when I really 10 grew to admire Senator Ohrenstein. 11 During the whole time he was 12 here, he was always a leader. He was always 13 respected in the Legislature by his colleagues. 14 He has enjoyed, basically, a pretty good life. 15 But all of the character that was 16 described by my predecessors who spoke here 17 today, really is just diminished by the 18 character displayed during that difficult period 19 that Senator Leichter described, for I feel that 20 when a person is winning and when they're doing 21 well, you learn a lot about their character, but 22 when they are losing and they are down and out, 23 you learn about all of their character. 1 And so I have been ducking this 2 dinner with Senator Ohrenstein to discuss this 3 article, and I haven't really known how to 4 address him; and, finally, I'm ready to have 5 that dinner, Fred, because something was said in 6 this chamber today that I think gives me the 7 strength to come to this dinner. It was when 8 the Majority Leader Senator Bruno said, "A lot 9 of times Fred's wrong." 10 (Laughter.) 11 ACTING PRESIDENT KUHL: For the 12 benefit of the members, I don't want to limit 13 theatrics, but I would just remind you that our 14 sound system is extremely sensitive, so for 15 people who are giving speeches, for them to put 16 their hands on the desk like this consistently, 17 there is a pounding that is coming across the 18 system, so if you can contain yourself a little 19 bit that will make it easier for the other 20 members to listen. 21 With that, Senator Espada. 22 SENATOR ESPADA: Thank you, Mr. 23 President. I promise not to pound, but I hope 1 to be profound in my own way. I kind of ducked 2 a couple dinners myself with Senator Ohrenstein, 3 but I wasn't successful in ducking one about, 4 oh, late '93 in one of our marathon sessions. I 5 was invited out to dinner, and I felt like one 6 of the boys, you know, coming out, "Let's go 7 out," freshman Senator with my senior leader, 8 and I was fully indoctrinated into the workings 9 of our Senate when at the end of that dinner 10 somehow the check made its way to this freshman 11 Senator, and it didn't rebound. It didn't make 12 its way back around. 13 (Laughter.) 14 Actually, I'm making that up. 15 Senator Ohrenstein's brilliance, his grace, 16 everything that has been said about him is a 17 perspective of this second term Senator. I 18 remember him the day after I was elected 19 welcoming me to the Senate via a breakfast that 20 we had. He was there at my inauguration, 21 meeting my family, my father and my mother, 22 proud as they could be. He was there. 23 So it's those magical moments 1 and, really, that brand of leadership that has 2 been discussed today that make him the man that 3 he is. In Spanish, (spoken in Spanish). You 4 are a prince of a man. 5 Thank you for your lessons. Look 6 forward to working with you. 7 Thank you, Mr. President. 8 ACTING PRESIDENT KUHL: The chair 9 recognizes Senator Daly. 10 SENATOR DALY: Mr. President. 11 Experiences such as this are bittersweet 12 indeed. Sweet because we know that our 13 colleague will be able to enjoy the days without 14 worrying about all the troubles and problems of 15 the state, but also sad because we lose him as a 16 colleague with whom we daily worked our way 17 through the troubled and embroiling waters that 18 we know as state government. 19 Mr. President. They say that the 20 quality of a man can best be judged by how he 21 accepts power; and, certainly, Senator 22 Ohrenstein accepted the power of being the 23 leader of his party in this house in a most 1 gracious and conscientious way with a 2 forebearance and kindness towards his colleagues 3 regardless of affiliation that marks him as a 4 caring and good human being. 5 Mr. President. I know from 6 personal experiences that he treated all of his 7 colleagues with a singular dignity. He has 8 given us an example which every member in this 9 house shall remember and emulate. I thank him 10 for his friendship, for being a colleague of 11 mine. I truly enjoyed our association, and that 12 I will not forget. 13 ACTING PRESIDENT KUHL: Senator 14 Stachowski. 15 SENATOR STACHOWSKI: Mr. 16 President. I, too, would like to say a few 17 words about Fred. 18 Senator Paterson -- David, I got 19 to point out that I'm glad you told me he is a 20 man of history because I thought he was around 21 from the beginning of New York City. 22 But, seriously, when I first got 23 here, Fred helped me immensely. He is not only 1 a good leader but he became a very close friend, 2 and he had heard that Senator Gold and Senator 3 Oppenheimer were teaching me how to play 4 tennis. 5 So he took it upon him himself 6 for the last couple of years that -- for those 7 of you who don't play tennis, one of the most 8 important parts of the game is to build up your 9 confidence when you are playing so that you are 10 very confident in every stroke and you don't 11 think about it. So for the last couple of 12 years, Fred has regularly let me beat him on 13 Tuesday mornings, and I can never thank him 14 enough for that, for helping me develop the 15 confidence necessary to play with other people 16 when we go and play tennis. 17 But I'll have to tell you 18 something about that, and it's a unique lesson. 19 I don't know how many of you are very gracious 20 when you lose all the time, but I have never 21 seen a man happier and enjoy playing more than 22 Fred Ohrenstein no matter what the outcome of 23 the game is. He could win one. He could lose 1 five. He could lose all of them, wouldn't make 2 any difference. He could win all of them, he is 3 always the same. 4 He enjoys the competition. He 5 enjoys the camaraderie of the person he plays 6 with, and so it's always a joy when Fred would 7 call and say, "Would you like to play tennis," 8 because it was. No matter if you thought you'd 9 win or if you thought you wouldn't, and I'm sure 10 the rest of us who play tennis feel the same way 11 about that. 12 And I think that carries over 13 with Fred; that in his business and in his 14 politics, it was always -- no matter what the 15 outcome, Fred was always the same. He was 16 always happy to be with you. Happy to be in the 17 fight and, hopefully, happy to win. 18 And, Fred, although you are a 19 great leader, I treasure you more because you 20 have become a true friend. 21 ACTING PRESIDENT KUHL: Chair 22 recognizes Senator Levy. 23 SENATOR LEVY: Thank you very 1 much, Mr. President. It's really a great 2 pleasure to join with my colleagues and salute 3 Freddy Ohrenstein. 4 I remember when I first came to 5 this chamber I sat back where Dale sits now, and 6 Fred sat -- I think it was in the front row at 7 that time, so I was able to sit there, see him 8 when he was on his feet. Really, at those 9 times, that was -- we called it "vintage 10 Ohrenstein." 11 And as a new member, I was 12 immediately impressed by his extraordinary 13 ability, his oratorical articulateness, the 14 fervor with which he believed in what he stood 15 for and spoke about and the intensity and 16 commitment of what he believed in, and this was 17 really the hallmark and the tradition of his 18 career then and his career as a New York State 19 Senator and as the Minority Leader. 20 Freddy, it was a great pleasure 21 to serve with you. We wish you the best in all 22 of your future endeavors, and I know that they 23 will be all great success. 1 Congratulations and best wishes. 2 ACTING PRESIDENT KUHL: Chair 3 recognizes Senator Smith. 4 SENATOR SMITH: Thank you, Mr. 5 President. 6 It's extremely hard to imagine 7 someone who looks as young as Fred Ohrenstein 8 having come to these chambers 34 years ago, when 9 many of us weren't even old enough to vote. But 10 some seven years ago, I had the pleasure of 11 joining the Senate and meeting Fred Ohrenstein. 12 Often times, our relationship was 13 rocky, being that I'm not the easiest person to 14 get along with. However, Fred has always been 15 there for each and every one of us when we had 16 problems, whether it related to the floor or 17 whether it related to our districts. He has 18 been the backbone of this conference. He has 19 been a true leader and he has been a friend. 20 And we all wish him the best in 21 what he claims to be retirement, but he can rest 22 assured that all of us will be calling him at 23 all hours of the night for that wonderful 1 guidance that we all continue to need. 2 Thank you. 3 ACTING PRESIDENT KUHL: Senator 4 Dollinger. 5 SENATOR DOLLINGER: Mr. 6 President. I rise just to extend good wishes to 7 my colleague, Senator Ohrenstein. I learned a 8 lot about Fred's character by watching him play 9 tennis with Senator Stachowski, a real treat, 10 watching two uncompetitive people play 11 uncompetitive tennis. 12 It was actually fascinating. 13 They would sort of occasionally shout at each 14 other, occasionally call points back, and it 15 told you a lot about Fred Ohrenstein, and it 16 told you a lot about his gumption to win, and 17 yet, as Senator Stachowski pointed out, he could 18 also lose and put a smile on his face and be 19 ready to go. 20 I was struck in listening to 21 Senator Connor's comments about Senator 22 Ohrenstein about how, to some extent, Fred 23 Ohrenstein is part of the American dream. Came 1 from another country. Through his own personal 2 determination became a member of a profession, 3 went into government, and gave something back to 4 his adopted country. 5 And, Fred, your message to me is 6 that the American dream is not something we 7 sleep our way through. It takes conviction. It 8 takes character, and it takes sacrifice, the 9 sacrifice that you have given to public service 10 that took you away from your family, took you 11 away from your profession. 12 And I think it's an important 13 reminder to all of us that we don't wake up from 14 that dream. We have to live that dream, and 15 you're an embodiment of it. 16 And I have tried to work hard in 17 the two years I have been here to be a 18 reformer. If some day someone asks me, "Were 19 you a reformer in the State Senate?" I'll simply 20 say, "No, I was a disciple of Fred Ohrenstein." 21 ACTING PRESIDENT KUHL: Senator 22 Goodman is not in the chamber. 23 Senator Gonzalez. 1 SENATOR GONZALEZ: Thank you, Mr. 2 President. I, too, would like to say a few 3 words on my leader, Fred Ohrenstein, and it's - 4 being a staffer, you get -- being around quite a 5 few years before being elected to the Senate, 6 and he was always available there for advice. 7 Sometimes -- most of the times, I agreed with 8 him. Sometimes, I didn't, but he was always the 9 next day there guiding and helping along, and I 10 think that I found him to be, as all my 11 colleagues have said, a truly sensitive human 12 being and he is in a class by himself. 13 Thank you, Mr. President. 14 ACTING PRESIDENT KUHL: Chair 15 recognizes Senator Goodman. 16 SENATOR GOODMAN: Mr. President. 17 I am stunned to note that with the sole 18 exception of Senator Marchi I have served longer 19 with Fred Ohrenstein or as long as anyone else 20 now in the chamber. Longer, I believe. 21 And I would like to say just 22 briefly that the 26 years of our friendship are 23 years which I truly cherish because Fred 1 Ohrenstein wrote the book on something known as 2 enlightened bipartisan ecumenical action. Here 3 was a man who in his earlier days was noted as a 4 firebrand and, as time went on and he assumed 5 the mantle of leadership, he mellowed and became 6 a wise elder of both his party and this chamber. 7 And as I think back on his 8 predecessor Joe Zaretzki, who was the only other 9 Minority Leader I knew prior to Fred's leaving, 10 I can say that Fred belongs in the pantheon of 11 outstanding leaders of this chamber. 12 Let me just say that as a man he 13 was always good for his word, as a sympathetic 14 confidant on matters that related to our 15 constituencies in the City of New York, he was 16 always highly effective and yet sensitive to the 17 rhythm of this chamber and understood the need 18 for careful craftmanship in making things 19 happen, and that, in fact, became his credo. He 20 became a master at causing things to occur that 21 were constructive. 22 Fred Ohrenstein, in addition, is 23 an individual of extraordinary warmth, 1 compassion and human understanding. It's no 2 coincidence that he possesses these qualities 3 because, as we all know and as may have been 4 noted prior to my arrival in the chamber, he 5 came from a background of potential tragedy and 6 was spared the unbelievable disaster of the 7 Holocaust, having been an escapee from Nazi 8 Germany. He came to this country with no 9 knowledge whatever of English and, of course, 10 become a master of that language. 11 In short, he was a renaissance 12 man in many ways and, in addition, a companion 13 with a keen sense of humor which he could bring 14 to bear and could always see the absurdity in 15 life's little vicissitudes and was someone that 16 was really a cherished companion. 17 Fred, I almost have a little lump 18 in my throat as I bid you au revoir. I know 19 we'll be seeing you often in the future. But 20 you will be sorely missed in this chamber where, 21 without question, in this several decades, you 22 have been one of the great public servants we 23 have all known. 1 I salute you and look forward to 2 many reunions. 3 ACTING PRESIDENT KUHL: Senator 4 Onorato. 5 SENATOR ONORATO: Mr. President. 6 I rise to join with my colleagues. I heartily 7 concur with everything they have said. I've 8 served with Fred for 12 years now, and it's 9 really amazing that I have gone through six 10 leadership changes in both houses, and Fred had 11 that staying power, going out under his own 12 power, and we really had a wonderful, wonderful 13 relationship not only as my district leader, as 14 my minority leader, but as a very, very dear 15 friend. 16 He helped me in all of my hours 17 need, and there were many times during my 18 marriage with my wife in the condition that she 19 was in, Fred was always there with a good 20 shoulder and a willing ear to give me some 21 guidance, and we have been breaking bread for 22 many, many years. I have been organizing a lot 23 of after-session dinner parties, and I'm not 1 going to stop on this occasion because tonight, 2 Fred, we're going to continue that, and I can 3 assure you Espada will not be picking up the 4 check. 5 In conclusion, I really want to 6 wish you and your family everything that I wish 7 for myself and for my family, and I will be 8 talking to you a little bit later this evening. 9 ACTING PRESIDENT KUHL: Senator 10 Nanula. 11 SENATOR NANULA: Mr. President. 12 I also rise to honor, to commend our former 13 Minority Leader. As Senator Smith had 14 mentioned, some of us weren't old enough to vote 15 when Senator Ohrenstein began his career in 16 public service. Well, I was several years away 17 from being born, and I really appreciate and 18 respect the short period of time, Fred, I was 19 able to serve you as my Minority Leader, and you 20 really were in many ways a source of inspiration 21 for me. Having gone through a tough year last 22 year, your words of support and your attention 23 paid to me as a new Senator coming in during a 1 special election certainly greatly benefited me, 2 and I think we all can live by your example as a 3 leader, and the things you have done for the 4 people of this state, the things you have done 5 for the Senators in this chamber and of our 6 conference, and I'm hopeful that you are going 7 to continue to provide us with leadership and 8 direction, and your face will always be a 9 familiar one here in this chamber for a long 10 time to come. 11 Congratulations. 12 ACTING PRESIDENT KUHL: Senator 13 Oppenheimer. 14 SENATOR OPPENHEIMER: Thank you. 15 I have been sitting here thinking that it's 16 quite possible -- I never pursued this with 17 Senator Ohrenstein, but it's quite possible that 18 the reason I'm here has something to do with the 19 fact, or possibly has, that we dined together - 20 I did, isn't that interesting? We dined 21 together when I was Mayor of Mamaroneck and on a 22 ski weekend, and we had several -- a couple who 23 were mutual friends, and it was about two years 1 later that the Senate Democrats approached me 2 about making the run; and until this moment, I 3 never put that altogether -- I'm not too swift 4 -- and realized it must have been we had a 5 lovely dinner and spent a weekend skiing 6 together, and that must have been the genesis of 7 this whole thing. So, hey, I owe it all to you, 8 Freddy. 9 But I want to speak of a couple 10 things that have already been mentioned, and one 11 is the passion of your oratory when you get on 12 certain issues relating to humanitarian issues, 13 social justice, civil rights, civil liberties. 14 You usually weren't in the chamber; but when you 15 came in the chamber, it was for an issue that 16 you felt passionately about, and you were 17 riveting in your passion, the way you spoke on 18 those issues, and it made me very proud because 19 those are issues that I am very happy to have a 20 leader feel are paramount issues, issues that 21 affect the human condition. 22 I also wanted to mention that you 23 showed such caring in conference. You really 1 bent over backwards to help each one of us, both 2 collectively and individually. I remember once 3 someone said, "Well, do you get pounded over the 4 head or your arm twisted because you must vote 5 this way?" And I said, "First of all, our 6 leader rules more by consensus." He tries to 7 find a middle position that maybe all of us 8 don't love but all of us don't hate, and at 9 least there is the middle ground; and who knows, 10 that is proobably the best solution to find that 11 middle ground and not have everybody deliriously 12 happy. 13 But you also felt that way in the 14 chamber. You tried to work in a bipartisan 15 manner so that we could move the issues of the 16 day. When we get too tangled up in our 17 bipartisan and ideological positions, we really 18 don't move much. We get stuck; and if you want 19 to move an issue, you have to find that middle 20 ground, and I find that Senator Ohrenstein was 21 very, very competent in that area, being able to 22 conciliate, mediate and find the middle ground. 23 Lastly, nobody has mentioned this 1 man's optimism. He is incurably, hopelessly 2 optimistic, but that normally makes people happy 3 and outgoing and friendly and warm, and I think 4 that was surely the essence of his personality 5 something that made us all feel that he was our 6 very, very good friend, which, indeed, he 7 demonstrated over and over again in conference 8 and on the floor. 9 And I know I will continue to see 10 a lot of Freddy because we ski together and we 11 tennis together and we dine together, and I say 12 with all this extra time, Freddy will have a lot 13 of time to improve his tennis, improve his 14 skiing, and I'm glad he is not listening. 15 At any rate, he has just built a 16 lovely weekend home, which is very close to me, 17 and so I know we will see a lot of you, Freddy, 18 and I hope at some point in the next decade you 19 will get into that home and start enjoying it. 20 And, meanwhile, I wish you and 21 Lynn the very best of everything in life. 22 ACTING PRESIDENT KUHL: Chair 23 recognizes Senator Gold. 1 SENATOR GOLD: Thank you, Mr. 2 President. 3 Mr. President. As someone who 4 shared a mortgage with Senator Ohrenstein for a 5 number of years, I may not have known him as 6 long as some of the others, but I think I may 7 have known him best. But I am going to support 8 the resolution and speak for it, anyway. 9 No, actually, when the session 10 ended and everybody knew that we were going to 11 come back after that, I have had my doubts about 12 that. I have heard those things before so I 13 made a lot of my remarks at the end of session, 14 but I want to add a few things too. 15 Senator Montgomery was very 16 gracious in her remarks about my debating 17 ability, but actually, as most of you know, I am 18 really best known as being a political sage, and 19 that's why, in 1975, I supported Jerry Bloom as 20 the leader. I didn't guess so good last year, 21 either. 22 I have always wondered, though, 23 why did you pick my fund raiser to get David 1 Paterson nervous. 2 At any rate, I think a couple 3 things I just want to say in addition to what I 4 have already said last time. First of all, I'm 5 glad that no one is casually -- casually taking 6 the concept of being a Holocaust survivor, 7 because for those people who have been involved 8 with that issue, the survivors have survived but 9 the damage that is done to so many people has 10 caused many of them different kinds of 11 personality problems in their lives and not all 12 of them have been able to get to a point of 13 reaching their full potentials, and I think that 14 one must understand that Senator Ohrenstein 15 certainly has not only brought the compassion 16 that you would expect from that situation but 17 has been able to take from the experience those 18 facets of it which one would hope would make one 19 a better individual rather than just live their 20 life reflecting upon the scars. 21 In terms of optimism, I have told 22 this story before I guess I've got to tell it. 23 Many of us, as Senator Stachowski, would be up 1 and down in their lives and needed that extra 2 push, and we would play tennis with Freddy to 3 help get that push. But the one morning which 4 was the ultimate was the day that -- well, I 5 guess it started one morning when I played with 6 Freddy, and I beat him 6-2, 6-1, and as he got 7 off the court he was saying, "You know, towards 8 the end, I sort of felt that forehand coming 9 along." He said, "I felt it coming." 10 And the next week, I beat him 11 6-1, 6-1. He says, "You know, my backhand, 12 towards the end of the last game, my backhand 13 was getting there, you know." 14 The next week, he didn't have his 15 racket and he had to borrow this old dilapidated 16 racket from the pro, and I beat him 6-1, 6-love, 17 and he says, "You know something, I'm going to 18 buy this racket." I don't know how much more 19 optimistic you get than that. 20 On a little more serious note, 21 Fred can't speak today which may be one of the 22 advantages, but I know if he could, as well as 23 accepting the thank yous of everyone, I think he 1 would also say thank you. 2 Because let's be fair in terms of 3 his leadership and some of the rockier parts of 4 that leadership, this Conference stood by him. 5 We stood by him. We stood by him for good 6 reason. He earned it; and in standing by it, he 7 did a lot of good things. But I think that 8 there is no doubt that he would express that 9 kind of thank you. 10 And I know that while one of my 11 colleagues said that some of those references 12 were false, we all know that they were all false 13 and that his situation was one of the worse 14 scapegoatings I have ever seen in a political 15 situation. 16 At any rate, the last comment I 17 would like to make, and it reflects somewhat 18 upon the character of the individual, somebody 19 said that they think that Fred Ohrenstein, even 20 though he was not born in this country, speaks 21 English pretty well. There was one time, 22 though, in his life when he came over here, not 23 being born here, that he didn't speak English so 1 well, and he was in school in those days, and 2 something happened, and he was called upon to 3 make a statement about it, and he didn't speak 4 as well as he does today, but he could express 5 himself in English, and he is the author of that 6 very, very famous statement, "Me no snitch." It 7 was a day of great pride in his life, and it was 8 a day that showed some character, and I think 9 out of respect for it, Fred, before I say too 10 much, I ain't going to snitch, either. 11 So you can relax a little bit. 12 But Fred served this house well. He served the 13 people well, and he deserves the rest from us in 14 order to go out for those big bucks -- uh, for 15 the personal things that one gets out of a law 16 practice, and we all wish him well. 17 ACTING PRESIDENT KUHL: Question 18 is on the resolution. All in favor, signify by 19 saying aye. 20 (Response of "Aye.") 21 Opposed, nay. 22 (There was no response.) 23 The Resolution is adopted. 1 Senator Ohrenstein, on behalf of 2 Senator Bruno, certainly Senator Connor, all of 3 the members of this house, we are sorry to see 4 you go, for most of us, but we certainly take a 5 great deal of pride in your leadership, and 6 certainly in what you have done, you can take a 7 great deal of pride in knowing full well that 8 you will be remembered as one of the great 9 political figures in this state, and 10 congratulations. 11 (Applause.) 12 SENATOR SKELOS: Mr. President. 13 If we can return to reports of standing 14 committees. 15 ACTING PRESIDENT KUHL: Senator 16 Skelos. 17 Senator Skelos, can we recognize 18 Senator Stavisky first, relative to a vote 19 earlier in the day, before we return. 20 Senator Stavisky. 21 SENATOR STAVISKY: Thank you, 22 Senator Skelos. 23 Without objection, I shall like 1 to be recorded in the negative on Calendar 2 Number 1. 3 ACTING PRESIDENT KUHL: Without 4 objection, Senator Stavisky will be recorded in 5 the negative on Calendar Number 1. 6 Senator Skelos. 7 SENATOR SKELOS: Mr. President. 8 Return to reports of standing committees. 9 ACTING PRESIDENT KUHL: We will 10 return to reports of standing committees. 11 Secretary will read. 12 THE SECRETARY: Senator Marchi 13 from the Committee on Corporations, Authorities, 14 and Commissions, reports the following two bills 15 directly for third reading: 16 Senate Bill Number 469, by 17 Senators Present and Kuhl, an act to amend the 18 Public Authorities Law, in relation to creating 19 the Alfred, Armond, Hornellsville Sewer 20 Authority. 21 Also, Senate Bill Number 591, by 22 Senator Daly, an act to amend the Not-For-Profit 23 Corporation Law, in relation to the sale of 1 crypts and the sale of cemetery lots. 2 591 being reported with 3 amendments. Both bills reported directly for 4 third reading. 5 ACTING PRESIDENT KUHL: Both 6 bills will be reported directly to third 7 reading. 8 Senator Skelos. 9 SENATOR SKELOS: Yes, Mr. 10 President. There being no further business, I 11 move we adjourn until Tuesday, January 24, 1995, 12 at 3:00 p.m. sharp. 13 ACTING PRESIDENT KUHL: Without 14 objection, Senate stands adjourned until 15 tomorrow at 3:00 p.m. sharp. 16 (Whereupon, at 4:50 p.m., Senate 17 adjourned.) 18 19 20 21 22