Tuesday, December 3, 1996

10419 1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 December 3, 1996 11 2:05 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 19 STEPHEN F. SLOAN, Secretary 20 21 22 23 10420 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 come to order. Would everyone please rise and 4 join with me in the Pledge of Allegiance. 5 (The assemblage repeated the 6 Pledge of Allegiance to the Flag. ) 7 THE PRESIDENT: May we bow our 8 heads in a moment of silence. 9 (A moment of silence was 10 observed.) 11 THE PRESIDENT: The reading of 12 the Journal. 13 THE SECRETARY: In Senate, 14 Monday, December 2nd. The Senate met pursuant 15 to adjournment. The Journal of Friday, November 16 29th, was read and approved. On motion, Senate 17 adjourned. 18 THE PRESIDENT: Without 19 objection, the Journal stands approved as read. 20 Presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing committees. 10421 1 Senator Skelos. 2 SENATOR SKELOS: Madam President, 3 there will be an immediate meeting of the Rules 4 Committee in Room 328 of the Capitol. That's 5 the small conference room right off of the 6 Majority Leader's office. 7 THE PRESIDENT: There will be an 8 immediate meeting of the Rules Committee in Room 9 328. 10 The Secretary will read. (Pause) 11 The Secretary will read. Senator Stafford? 12 THE SECRETARY: Senator Stafford, 13 from the Committee on Finance, offers up the 14 following nomination: Commissioner of the 15 Department of Correctional Services, Glenn S. 16 Goord. 17 SENATOR STAFFORD: Mr. President. 18 THE PRESIDENT: Senator 19 Stafford. 20 SENATOR STAFFORD: Before I yield 21 to Senator Nozzolio, who will handle this as 22 always with his sensitivity, ability and 23 correctness, I just want to share with all of us 10422 1 what a fine note for us to begin our 2 deliberations here upon returning to Albany than 3 to consider Glenn Goord for Commissioner of 4 Correctional Services. 5 Those of us who know him know the 6 job he has done and will do. I could go on and 7 on about his abilities, as Senator Nozzolio so 8 well will point out, but I would make one point 9 here and emphasize that in doing his work since 10 the time in the mid-Hudson area when he was in 11 charge of grievances in certain facilities in 12 our Department, from that time until the time he 13 has become acting Commissioner of the Department 14 of Correction, he has done his best -- he has 15 done his best to be fair and, if you say that 16 about a person, you don't have to say too much 17 more and, with that, I compliment the Governor 18 upon this fine appointment. I compliment the 19 nominee and, with that it's a pleasure to yield 20 to the Senator from the Finger Lakes. 21 THE PRESIDENT: Thank you, 22 Senator Stafford. Senator Nozzolio. 23 SENATOR NOZZOLIO: Thank you, 10423 1 Madam President, and thank you very much, 2 Senator Stafford, distinguished Senator from the 3 Adirondacks, our distinguished leader and 4 chairman of the Finance Committee. It is a very 5 difficult act to follow your lead, but I think 6 it is certainly important for this body to 7 recognize the quality appointment that Governor 8 Pataki has presented -- that this body recognize 9 the quality appointment that Senator Pataki has 10 put before us in the nomination of Glenn S. 11 Goord as Commissioner of Corrections. 12 Commissioner Goord -- and I call 13 him "Commissioner" because he has been serving 14 for the last number of months in this capacity, 15 for all intents and purposes has run the 16 day-to-day operations of the Department -- tried 17 to implement -- has been doing a very good job 18 in implementing the policy changes that we have 19 put forth and is working in this capacity at 20 this very trying time in our corrections 21 history, a trying time but a time of great 22 opportunity to do the right thing. 23 Governor Pataki has put forth 10424 1 this appointment because of the confidence he 2 has in Glenn Goord. Through Glenn's long 3 history of working in the Department, serving as 4 operating officer, Deputy Commissioner, Assist 5 ant Commissioner for Operations, throughout his 6 tenure which has been long in the Corrections 7 Department, working his way up through the 8 chairs in the various capacities of administra 9 tion within the Department, Glenn has demon 10 strated a commitment to field the best possible 11 system we can have in this state. 12 He has also demonstrated consist 13 ently his desire to work with the elected 14 representatives of the state Legislature in 15 fashioning the best possible system we can 16 fashion. He's keen in his ability in labor 17 relations, in dealing with complex management 18 issues, in trying to fashion new ways that we 19 can deal with the burgeoning corrections 20 situation that we have and the need to develop 21 an expansion program I think, is certainly in 22 Glenn's -- within his jurisdiction and well 23 within his talent, and we look to his 10425 1 leadership. 2 I should also say that Glenn has 3 from the top on down, and this is a compliment 4 not just to Glenn, not just to his -- Glenn 5 Goord's -- management style but also to the 6 spirit Glenn Goord has put forth with our 7 correction system from the administration on 8 through the lines into the system we have which 9 New Yorkers and this Legislature should be 10 certainly proud of, and our corrections officers 11 and all correctional personnel have been dealing 12 under significantly trying times, significantly 13 trying circumstances, during these past number 14 of months and with the 25th anniversary of 15 Attica with our system expanded to the limits, 16 every one of those brave men and women who work 17 in our correctional system need to be 18 commended. They work hard. They have done much 19 to put sensitivity into this system under some 20 very trying circumstances and they are to be 21 commended. 22 But here we are to thank Governor 23 Pataki for putting Glenn Goord's name in 10426 1 nomination. He will be a truly outstanding 2 corrections commissioner. He already has, in my 3 opinion, earned that distinction through his 4 months of service and, as Senator Cook, I know, 5 will be discussing more of a personal aspect in 6 the fact that Senator Cook represents Glenn 7 Goord, that certainly we all join Senator 8 Stafford, Senator Cook and thank Governor Pataki 9 for this excellent nomination. 10 Thank you, Madam President. 11 THE PRESIDENT: Thank you, 12 Senator Nozzolio. Senator Cook. 13 SENATOR COOK: Thank you, Madam 14 President. 15 As Republicans, of course, having 16 a new Governor for a couple of years, we've been 17 very pleased to see the heads of departments 18 that have changed and the philosophies that are 19 changed, but the one place where there's been a 20 very, very smooth transition and I think 21 indicative of the professional qualities of the 22 leadership of the Department, has been in 23 Corrections, because we have indeed seen people 10427 1 who have been active for a number of years who 2 have continued in leadership capacities in that 3 agency, and with good reason, because it is a 4 well run agency. It is one that takes pride in 5 what it does and in doing it well, an agency 6 that is unfortunately confronted constantly with 7 expanding requirements. 8 Glenn Goord is a person who has 9 worked in the trenches in a variety of 10 capacities, someone who has demonstrated time 11 and again his leadership abilities and who comes 12 into this position as Commissioner with a vast 13 background of knowledge and understanding which 14 I think could be unequaled by anyone else and in 15 particular anyone brought from the outside. Of 16 course, we're particularly produced as well that 17 he does come from our part of the state. 18 I may have more prisons in my 19 district than any other Senator, but I think 20 maybe -- and we, of course, regard this as a 21 very important function in state government as I 22 indicated before, unfortunate that we do have to 23 incarcerate so many people, but it's important 10428 1 that the Commissioner, the leadership of that 2 agency understand their function, understand why 3 they're there and understand the job that needs 4 to be done, and Glenn certainly fits all of 5 those requirements. 6 He has the high personal 7 qualities in addition that commend him for any 8 leadership post, and I am very pleased to second 9 his nomination. 10 THE PRESIDENT: Thank you, 11 Senator Cook. 12 Senator Abate. 13 SENATOR ABATE: I, too, rise in 14 support of Glenn Goord. There's no more 15 difficult job than running a correction 16 department. Most other managers get an 17 occasional day off or a night off. Running a 18 correction department the size of this state 19 means you work seven days a week 24 hours a day 20 and then some, so it requires the leadership of 21 a very special kind of person, and I believe 22 that Glenn Goord, over the course of 20 years, 23 has demonstrated his commitment and knowledge 10429 1 and his dedication to improving the state prison 2 system. He enjoys support from within and 3 without. 4 I've had the pleasure of working 5 directly with Commissioner Goord. I think he is 6 fair minded. He has the respect of his staff. 7 He wants to look at improving not only security 8 within the prison but also the treatment and 9 services for the inmates. So he has a 10 comprehensive view. He's a manager; he's a 11 leader; he's done just about every job in the 12 system which I think will put him in very good 13 stead to meet the challenges of the next few 14 years. 15 So it's with great pleasure that 16 I look forward to working with Commissioner 17 Goord, and I think he will do exceedingly well. 18 Not only has he done so in the past but in the 19 future he will do exceedingly well, and do honor 20 to this position. 21 THE PRESIDENT: Thank you, 22 Senator Abate. 23 Senator Waldon. 10430 1 SENATOR WALDON: Thank you very 2 much, Madam President. I rise also to second 3 the nomination of Glenn Goord. I would like to 4 hope that the kind of cooperation and access 5 that I've experienced from my days as a Deputy 6 Commissioner of Human Rights and a Commissioner 7 of Investigation with Ben Ward and Tommy Cough 8 lin and Commissioner Coombe will exist under his 9 leadership as the, in fact, commissioner serving 10 at the pleasure of Governor Pataki. 11 I agree with my colleagues that 12 his job is a most difficult one. It is difficult 13 not only because of the logistics of running 14 such a large system, but it is difficult because 15 if there's not a meaningful understanding and 16 relationship between those who are imprisoned 17 and those who are the guards, chaos ensues, and 18 so it takes a high level of professionalism, a 19 high level of sensitivity to cause those who are 20 subordinate to the Commissioner to adopt his 21 policy in terms of a sense of cooperation and 22 fairness to get the job done. 23 My concern is that in this state 10431 1 as well as other states across the nation 2 there's a disproportionate number of minorities 3 in the prisons, and I'm not here to attack the 4 reasons that they're there but I'm hoping that 5 there will continue to be a sensitivity to those 6 who speak Spanish, to those who have in their 7 background the culture of the Caribbean, to 8 those who are African-American, to those who are 9 Muslims, so that their needs will be met as best 10 as they can be in the setting that is a prison. 11 Now, I believe that if 12 Commissioner Goord is able to relate to the 13 accomplishments of his predecessors and to 14 recognize that those of us -- that those of us 15 here in the Legislature are going to be very 16 supportive of his needs in terms of the finances 17 in order to ensure that we don't have a 18 revisitation to Attica and other such 19 circumstances, that he will do very, very well. 20 I applaud the Governor in his 21 choice. In reviewing his resume it seems as if 22 he's eminently qualified for this position. I 23 just hope that beyond the resume there will be a 10432 1 sensitivity that is not always found in such 2 positions as a Commissioner of Corrections where 3 the power is ominous and absolute. 4 Thank you very much, Madam 5 President. 6 THE PRESIDENT: Thank you, 7 Senator Waldon. 8 Senator Farley. 9 SENATOR FARLEY: Thank you, Madam 10 President. 11 Let me just say that -- how 12 pleased I am to second the nomination of Glenn 13 Goord. You know, representing a lot of state 14 workers, along with Senator Hoblock and Senator 15 Bruno and myself, this gives a lot of 16 satisfaction to a state employee who has come up 17 through the ranks and really made it to the top 18 and he's done it on his merit, he's done it on 19 his abilities and certainly we're so very, very 20 pleased for him to run our Department of 21 Correctional Services which is unfortunately one 22 of our growing areas in this state. 23 Many of us are -- have prisons, 10433 1 and some people would like some more. We feel 2 very deeply that the violent criminal should be 3 locked up. There's a lot of problems in the 4 correctional department, but if anybody can 5 solve them and address them, it's going to be 6 our new Commissioner, and I wish you well. 7 THE PRESIDENT: Thank you, 8 Senator Farley. 9 Senator Markowitz. 10 SENATOR MARKOWITZ: Thank you 11 very very much. I've had the pleasure in my 12 term in the Senate to work with an outstanding 13 Corrections Commissioner, Commissioner Coughlin, 14 then Commissioner Phil Coombe, but throughout 15 that time the one man that they depended upon to 16 implement most of the policies of corrections 17 was Glenn Goord, and so he's done it the 18 old-fashioned way. He worked hard. He worked 19 his way through the system, and he has merited 20 this appointment by the Governor, and I can say 21 that in speaking to his subordinates and 22 colleagues today and yesterday that there's an 23 enormous amount of respect from each of the 10434 1 institutions, from here in the state Capitol and 2 in my experience personally with him, I think he 3 will be one of the finest Corrections 4 Commissioners that New York State ever had. 5 THE PRESIDENT: Thank you, 6 Senator Markowitz. 7 Senator Volker. 8 SENATOR VOLKER: Madam President, 9 let me just say that when we had the -- the 10 hearing before Crime and Corrections, I 11 mentioned to Senator Nozzolio, I mentioned about 12 the fact that back in the '70s we had a meeting 13 or meetings on the election -- the nomination of 14 a Commissioner of Corrections that went on for 15 several months, and the nominee, in fact, had me 16 investigated at the same time that we were 17 investigating him and we had to tighten up 18 security in the Capitol because there was so 19 many people that came and created some havoc. 20 Obviously, with Glenn, there's a 21 whole different -- a whole different situation 22 because I think everybody in this chamber 23 realizes that he's a professional, that he's 10435 1 done a fine job as the Acting Commissioner and 2 that he knows exactly what the Corrections 3 Department, the prison system needs. In fact, 4 let me just say quickly that I've travelled a 5 little bit, not a great deal any more, but a 6 little bit to some criminal justice conferences, 7 but I traveled to one in Connecticut that I was 8 very pleased to listen to several of the experts 9 in the penology field tell about the innovations 10 in the prison system in New York and what was 11 being done and, of course, Glenn's name was one 12 of those that was used, even though he was 13 Acting Commissioner at the time. 14 He is a fine man. He is a - 15 he's done a good job already, and I know he'll 16 make a great Commissioner. I commend the 17 Governor and I wish him the very best. 18 THE PRESIDENT: Thank you, 19 Senator Volker. 20 Has everyone who wishes to speak 21 on the nomination of Glenn Goord been heard? 22 The question is on the 23 confirmation of Glenn S. Goord as Commissioner 10436 1 of the Department of Correctional Services. All 2 in favor signify by saying aye. 3 (Response of "Aye.") 4 Opposed nay. 5 (There was no response. ) 6 Glenn S. Goord is hereby 7 confirmed as Commissioner of the Department of 8 Correctional Services. 9 (Applause) 10 The Secretary will read. 11 THE SECRETARY: Senator Lack, 12 from the Committee on Judiciary, offers up the 13 following nomination: As judge of the New York 14 State Court of Claims, Leon Ruchelsman. 15 THE PRESIDENT: Senator Lack. 16 SENATOR LACK: Thank you, Madam 17 President. 18 It's my pleasure to rise as 19 chairman of the Senate Judiciary Committee to 20 move the nomination of Leon Ruchelsman as a 21 judge of the New York State Court of Claims, 22 and, Madam President, Judge Ruchelsman who is 23 joining us is currently a judge of the Civil 10437 1 Court of the city of New York, having been 2 elected in 1992 and is still serving. He has 3 been designated to Criminal Court where he has 4 served with distinction. 5 He was an associate court 6 attorney for ten years in the New York State 7 Supreme Court, county of Kings, before assuming 8 his elected judgeship in 1992. He has aided 9 political asylum for Soviet and Iranian refug 10 ees, skillfully negotiating with immigration 11 officials. 12 As a practicing attorney, he's 13 had over 20 criminal law opinions published in 14 the New York Law Journal since he was elected 15 some four years ago to the Civil Court. 16 Madam President, it is my 17 pleasure and honor to move the nomination to the 18 Court of Claims of Judge Leon Ruchelsman of the 19 county of Kings. 20 THE PRESIDENT: Does anyone wish 21 to be heard? Senator Kruger, I'm sorry. 22 SENATOR KRUGER: It is my 23 distinct pleasure to rise today to second the 10438 1 nomination of Judge Ruchelsman as a judge of the 2 Court of Claims of the state of New York. 3 Judge Ruchelsman brings to the 4 bench a distinguished record. More particularly 5 he brings all of the attributes that one would 6 associate with a fine justice. His compassion, 7 his integrity, his caring, his commitment and 8 his knowledge of the law makes him an excellent 9 choice for this nomination. I wholeheartedly 10 support his nomination and I would move that my 11 colleagues join me in that support. Thank you. 12 THE PRESIDENT: Does anyone - 13 does anyone else wish to be heard on the 14 nomination? 15 The question is on the 16 confirmation of Leon Ruchelsman as justice of 17 the Court of Claims. All in favor signify by 18 saying aye. 19 (Response of "Aye.") 20 Opposed nay. 21 (There was no response. ) 22 Leon Ruchelsman is hereby 23 confirmed as judge of the Court of Claims. 10439 1 Congratulations. 2 (Applause) 3 The Secretary will read. 4 THE SECRETARY: Senator Stafford, 5 from the Committee on Finance, offers up the 6 following nominations: Member of the State 7 Commission of Correction, Alan J. Croce. 8 THE PRESIDENT: Senator 9 Stafford. 10 SENATOR STAFFORD: Madam 11 President, it's a pleasure for me to emphasize 12 that all of the appointments today we're 13 considering are just excellent. Every one was 14 unanimously approved, and it's a pleasure for me 15 to now yield to the Senator from Suffolk County. 16 THE PRESIDENT: Senator LaValle. 17 SENATOR STAFFORD: Senator 18 LaValle. 19 SENATOR LAVALLE: Thank you, 20 Madam President. 21 I rise to move the nomination of 22 Alan Croce, who is from Mattituck in Suffolk 23 County. Today during the committee meeting of 10440 1 Crime and Corrections and the Finance Committee 2 Alan Croce demonstrated to both committees his 3 background in the skills that he has for the job 4 that the Governor has nominated him for. 5 We are very proud of Alan Croce 6 who is our undersheriff in Suffolk County, and 7 he has demonstrated that his standard was the 8 standard that I believe I heard Senator Abate 9 talk about that Corrections is a 7-day-a-week, 10 24-hour-a-day job. He has demonstrated that as 11 the undersheriff and he has during the Crime and 12 Corrections meeting, indicated that as his 13 standard. 14 He has a very broad and 15 comprehensive background not only in corrections 16 but in criminal justice and his own personality 17 as a communicator and a person who listens will 18 bring to the policy-making process, I think, 19 proper decisions to something that is very, very 20 important and then many times a very volatile 21 agency, and so it is with great pride that I 22 rise to move Alan Croce's nomination as 23 Commissioner of the Commission on Corrections. 10441 1 THE PRESIDENT: Thank you, 2 Senator LaValle. Does anyone else wish to speak 3 on the nomination? 4 SENATOR LACK: Madam President. 5 THE PRESIDENT: Senator. 6 SENATOR LACK: Madam President, I 7 stand to second the nomination of Alan Croce as 8 a Commissioner of the Commission on Correction. 9 I've known Alan for too many years, I think, for 10 both of us to say as many years ago. As a 11 former Assistant D.A. in Suffolk County, I'm 12 aware of the work he's always done in the 13 sheriff's office. As undersheriff of Suffolk 14 County, he has been more than the underpinning 15 of the department. He really is our -- is our 16 sheriff's office. I'm sorry to see him retire 17 but I'm happy for him in terms of his new post. 18 He is certainly a qualified 19 appointment from the Governor. I'm happy for 20 someone from Suffolk County. I'm even more 21 happen it's for Alan. Hopefully it will bring 22 him to Albany occasionally, so there might be a 23 couple other things he might want to do while 10442 1 he's here, more than he's been able to do in the 2 past, and from the standpoint of family unity, 3 I'm happy to see that, and so I'd like to just 4 stand, Madam President, and offer my warmest 5 congratulations both as a worthy opponent but 6 because on a family level it helps to bring a 7 family together. 8 THE PRESIDENT: Thank you, 9 Senator. 10 Senator Johnson. 11 SENATOR JOHNSON: Yes, Mr. 12 President. 13 I'd just like to add my words of 14 congratulations to Alan Croce on this nomination 15 and certainly feel he's super-qualified, a very 16 upstanding citizen, a person you can communicate 17 very effectively with, I'm sure the residents of 18 the facilities and the general public and the 19 legislators, and I think it's a wonderful 20 choice. 21 He's spoken to a lot of them, 22 communicated effectively with them, yes, and I 23 want to associate myself with some of the 10443 1 extraneous remarks of Senator Lack just to say 2 he's an outstanding appointment, a tribute to 3 the Governor and Suffolk County for bringing 4 forward such a wonderful nominee. Thank you. 5 THE PRESIDENT: Thank you, 6 Senator Johnson. 7 The question is on the nomination 8 of Alan Croce as a member of the state 9 Commission of Corrections. All in favor signify 10 by saying aye. 11 (Response of "Aye.") 12 Opposed nay. 13 (There was no response. ) 14 Alan Croce is hereby confirmed as 15 a member of the state Commission of 16 Corrections. Congratulations. (Applause). 17 The Secretary will read. 18 THE SECRETARY: Commissioners of 19 the Tax Appeals Tribunal, Donald DeWitt, Carroll 20 R. Jenkins, Joseph W. Pinto. 21 THE PRESIDENT: Senator 22 Stafford. 23 SENATOR STAFFORD: Mr. President, 10444 1 we're very pleased again to point out that Mr. 2 DeWitt, together with all, was unanimously 3 approved and I believe that Senator Farley is 4 neighboring to Mr. DeWitt. I would also point 5 out that I believe this is a reappointment and 6 he is chairman of the tribunal, is president - 7 excuse me, president, and has done an excellent 8 job. Anyone who can deal with taxes and be - 9 come out of the committee unanimous, we've got 10 to -- I guess two others did too, but who has 11 also served and is being reappointed certainly 12 is to be complimented. 13 On a real serious note, Mr. 14 DeWitt understands the subject. He handles his 15 position with a tremendous amount of ability, 16 with dignity and sensitivity, and it's a 17 pleasure for me to move his nomination. 18 THE PRESIDENT: Thank you, 19 Senator Stafford. 20 Senator Farley. 21 SENATOR FARLEY: Yeah, I'd rise 22 to second Don DeWitt's nomination. He's well 23 qualified, and I applaud the Governor for doing 10445 1 that. He's a former Marine and a graduate of 2 Albany State which is -- is where I teach, and I 3 don't think you were one of my students but I 4 know that he's eminently qualified, and it's 5 with pleasure that I second his nomination. 6 ACTING PRESIDENT MAZIARZ: Any 7 other Senators wish to speak on the nomination? 8 The question is on the nomination of Donald 9 DeWitt, Carroll R. Jenkins and Joseph W. Pinto 10 as Commissioners of the Tax Appeal Tribunal. 11 I'm sorry. Senator Farley. 12 SENATOR FARLEY: Yeah, as long as 13 we're going to do all three of them, I would 14 like to speak on behalf of Carroll Roger Jenkins 15 who is my constituent from Schenectady. He's 16 had a long history of being involved with 17 Taxation and Finance. He again is eminently 18 qualified. He's been a distinguished attorney 19 in the practice of law in Schenectady and he's 20 also a former member of the legislative family, 21 having served as a counsel to "Rap" Rappleyea in 22 the Assembly and he comes very highly recom 23 mended and is -- I've forgotten, Senator Volker 10446 1 mentioned he also has studied the Russian 2 language and a very, very interesting candidate 3 and somebody that we're very proud of, and I'm 4 pleased to move his nomination. 5 And as long as we're doing all 6 three, and I don't see Senator Bruno here from 7 my -- I'd like to move the nomination of Joseph 8 Pinto, who's also with us from Clifton Park, a 9 neighboring community to me. I share Saratoga 10 County with Senator Bruno and I know that Joe 11 Pinto is a respected lawyer and a person that 12 has served in the community as a member of the 13 board of education of the Shenendehowa Central 14 School and has been an outstanding citizen. 15 He's a graduate of the Notre Dame University and 16 the Vermont Law School and somebody that I'm 17 confident will be a real credit to the Governor 18 in this appointment and I'd also like to move 19 his nomination. 20 ACTING PRESIDENT MAZIARZ: Thank 21 you, Senator. 22 Any other Senators wishing to 23 speak on any one of the three nominations? 10447 1 The question is on the 2 nominations of Donald DeWitt, Carroll R. Jenkins 3 and Joseph W. Pinto as Commissioners of the Tax 4 Appeals Tribunal. All in favor signify by 5 saying aye. 6 (Response of "Aye.") 7 Opposed. 8 (There was no response. ) 9 Donald DeWitt, Carroll R. Jenkins 10 and Joseph W. Pinto are hereby confirmed as 11 Commissioners of the Tax Appeals Tribunal. 12 Congratulations. 13 (Applause) 14 Secretary will read. 15 THE SECRETARY: Member of the 16 Public Employee Relations Board, Joseph 17 Farnetti. 18 ACTING PRESIDENT MAZIARZ: 19 Senator Stafford. 20 SENATOR STAFFORD: Mr. President, 21 it's a pleasure to move it, please. 22 ACTING PRESIDENT MAZIARZ: The 23 question is on the nomination of Joseph Farnetti 10448 1 as a member of the Public Employment Relations 2 Board. All in favor signify by saying aye. 3 (Response of "Aye.") 4 Opposed. 5 (There was no response.) 6 Joseph Farnetti is hereby 7 confirmed as a member of the Public Employment 8 Relations Board. 9 Secretary will read. 10 THE SECRETARY: Members of the 11 Metropolitan Transportation Authority, Alan B. 12 Friedberg, Lawrence H. Silverman. 13 SENATOR STAFFORD: Move it, 14 please. 15 ACTING PRESIDENT MAZIARZ: 16 Question is on the nomination of Alan B. 17 Friedberg as a member of the Metropolitan 18 Transportation Authority and Lawrence H. 19 Silverman as a non-voting member of the 20 Metropolitan Transportation Authority. All in 21 favor? 22 (Response of "Aye.") 23 Opposed. 10449 1 (There was no response. ) 2 The nominees are confirmed. 3 Secretary will read. 4 THE SECRETARY: Member of the 5 Ogdensburg Bridge and Port Authority, the 6 Reverend Monsignor Robert J. Giroux. 7 SENATOR STAFFORD: Move 8 confirmation. 9 ACTING PRESIDENT MAZIARZ: The 10 question is on the nomination of the Reverend 11 Monsignor Robert J. Giroux as a member of the 12 Ogdensburg Bridge and Port Authority. All in 13 favor significant by saying aye. 14 (Response of "Aye.") 15 Opposed nay. 16 (There was no response. ) 17 Reverend Monsignor Robert J. 18 Giroux is hereby confirmed as a member of the 19 Ogdensburg Bridge and Port Authority. 20 Secretary will read. 21 THE SECRETARY: Member of the New 22 York State Olympic Regional Development 23 Authority, Jack Shea. 10450 1 SENATOR STAFFORD: Move 2 confirmation. 3 ACTING PRESIDENT MAZIARZ: The 4 question is on the confirmation of Jack Shea as 5 a member of the New York State Olympic Regional 6 Development Authority. All those in favor 7 signify by saying aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response. ) 11 Jack Shea is hereby confirmed as 12 a member of the New York State Olympic Regional 13 Development Authority. 14 Secretary will read. 15 THE SECRETARY: Member of the 16 State Park, Recreation and Historic Preservation 17 Commission for the city of New York, Seema E. 18 Goldstein. 19 SENATOR STAFFORD: Move 20 confirmation. 21 ACTING PRESIDENT MAZIARZ: 22 Senator Marcellino. 23 SENATOR MARCELLINO: I don't want 10451 1 to interrupt if you want to complete the 2 appointment. I just want to get up and speak on 3 a prior appointment. 4 ACTING PRESIDENT MAZIARZ: The 5 question is on the nomination of Seema E. 6 Goldstein as a member of the State Park, 7 Recreation and Historic Preservation Commission 8 for the city of New York. All in favor signify 9 by saying aye. 10 (Response of "Aye.") 11 Opposed nay. 12 (There was no response.) 13 Seema Goldstein is hereby 14 confirmed as a member of the State Park, 15 Recreation and Historic Preservation Commission 16 of the city of New York. 17 Senator Marcellino. 18 SENATOR MARCELLINO: Yes, Mr. 19 Chairman. I thank you very much for allowing me 20 to speak on the appointment of Lawrence 21 Silverman as the alternate non-voting member for 22 the Metropolitan Transit Authority. 23 Mr. Silverman is a resident of my 10452 1 district and represents the riders of the Long 2 Island Rail Road and all the commuter railroads 3 and in that capacity he has done yeoman's work 4 in speaking out for the concerns and the needs 5 of the ridership of these commuter rails, and 6 it's a very difficult job and, of course, he's 7 done it on a volunteer basis without any 8 remuneration and he's to be commended for his 9 effort and his ability to vocalize their 10 concerns in a very concise way. 11 I feel his appointment to this 12 particular council even as a non-voting member 13 would be a plus and he will serve the people of 14 the state of New York very well, and I commend 15 and recommend his appointment highly. 16 Thank you, sir. 17 ACTING PRESIDENT MAZIARZ: Thank 18 you. 19 Secretary will read. 20 THE SECRETARY: Member of the 21 Finger Lakes State Park, Recreation and Historic 22 Preservation Commission, Linda Jackson. 23 SENATOR STAFFORD: Move 10453 1 confirmation, please. 2 ACTING PRESIDENT MAZIARZ: The 3 question is on the nomination of Linda Jackson 4 as a member of the Finger Lakes State Park, 5 Recreation and Historic Preservation 6 Commission. All those in favor signify by 7 saying aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response.) 11 Linda Jackson is hereby confirmed 12 as a member of the Finger Lakes State Park, 13 Recreation and Historic Preservation Commission. 14 Secretary will read. 15 THE SECRETARY: Member of the 16 Saratoga-Capital District State Park, Recreation 17 and Historic Preservation Commission, Katharine 18 Tomasi. 19 SENATOR STAFFORD: Move 20 confirmation. 21 ACTING PRESIDENT MAZIARZ: Yes. 22 The question is on the confirmation of Katharine 23 Tomasi as a member of the Saratoga-Capital 10454 1 District State Park, Recreation and Historic 2 Preservation Commission. All in favor signify 3 by saying aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (There was no response. ) 7 Katharine Tomasi is confirmed as 8 a member of the Saratoga-Capital District State 9 Park, Recreation and Historic Preservation 10 Commission. 11 Reports of select committees. 12 Communications and reports from 13 state officers. 14 Motions and resolutions. 15 SENATOR SKELOS: Mr. President, 16 move we adopt the Resolution Calendar in its 17 entirety. 18 ACTING PRESIDENT MAZIARZ: At 19 this -- all in favor of adopting the Resolution 20 Calendar signify by saying aye. 21 (Response of "Aye.") 22 Opposed nay. 23 (There was no response.) 10455 1 The report is adopted. Senator 2 Skelos. 3 SENATOR SKELOS: Mr. President, 4 at this time, if we could return to reports of 5 standing committees. I believe there is a 6 report from the Rules Committee. 7 ACTING PRESIDENT MAZIARZ: 8 Secretary will read. 9 THE SECRETARY: Senator Bruno, 10 from the Committee on Rules, reports the 11 following bill directly for Third Reading: 12 Assembly Print Number 11324, Court of Claims 13 Act, in relation to additional judges. 14 SENATOR SKELOS: Mr. President, I 15 move that we accept the report of the Rules 16 Committee. 17 ACTING PRESIDENT MAZIARZ: All in 18 favor of accepting the report of the Rules 19 Committee signify by saying aye. 20 (Response of "Aye.") 21 Opposed nay. 22 (There was no response. ) 23 Senator Skelos. 10456 1 SENATOR SKELOS: Mr. President, at 2 this time could we have the third reading of the 3 Rules report. 4 THE SECRETARY: Calendar Number 5 1807, from the Committee on Rules, Assembly 6 Print 11324, an act to amend the Court of Claims 7 Act, in relation to additional judges. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 4. This 11 act shall take effect immediately. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll. ) 14 THE SECRETARY: Ayes 53. 15 ACTING PRESIDENT MAZIARZ: The 16 bill is passed. 17 SENATOR DOLLINGER: Mr. 18 President. 19 THE PRESIDENT: Senator 20 Dollinger. 21 SENATOR DOLLINGER: What was the 22 bill number we just did? 23 ACTING PRESIDENT MAZIARZ: 10457 1 11324. 2 SENATOR DOLLINGER: This is the 3 Assembly bill? 4 ACTING PRESIDENT MAZIARZ: The 5 Assembly bill. 6 SENATOR DOLLINGER: May I be 7 recorded in the negative, Mr. President? 8 ACTING PRESIDENT MAZIARZ: 9 Senator Dollinger will be recorded in the 10 negative. 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 there being no further business, I move we 14 adjourn until the call of the Majority Leader, 15 intervening days to be legislative days. 16 ACTING PRESIDENT MAZIARZ: By 17 motion, the Senate stands adjourned to the call 18 of the Majority Leader, intervening days to be 19 legislative days. 20 (Whereupon at 2:47 p.m., the 21 Senate adjourned.) 22 23