Tuesday, January 14, 1997

1 2 3 4 5 6 7 8 ALBANY, NEW YORK 9 January 14, 1997 10 11:34 a.m. 11 12 13 REGULAR SESSION 14 15 16 17 LT. GOVERNOR BETSY McCAUGHEY ROSS, President 18 STEPHEN F. SLOAN, Secretary 19 20 21 22 23 24 25 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate 3 will come to order. Would everyone please 4 rise and join with me in the Pledge of 5 Allegiance. 6 (The assemblage repeated the 7 Pledge of Allegiance to the Flag.) 8 The invocation today will be 9 given by Ernest Smith from the New Lebanon 10 Congressional Church in New Lebanon. 11 Reverend Smith. 12 REVEREND ERNEST SMITH: Let us 13 pray. Our Father in heaven, I have been 14 asked to stand here today between Yourself 15 and these men who have been carrying on their 16 work of this great state. 17 It is an honor to bring their 18 proceedings to You today. I feel humble and 19 honored at this request. They recognize You, 20 dear Father, as the giver of all wisdom and 21 righteousness. Millions await upon the 22 outcome of their deliberations on this 23 special day. Please don't let anyone in New 24 York State be forgotten. Don't let anyone 25 feel that they've been set aside. 1 Give of Your strength and 2 wisdom and share a little of Your foresight 3 with us who are really truly only finite 4 beings, though we stand in the place where 5 love should abound. 6 May the characteristics of 7 love and peace and forgiveness be the special 8 law of each and every Senator as they fulfill 9 their duties today and at last bring each 10 into Your heavenly and eternal home where You 11 dwell. In the name of Christ our Lord. 12 Amen. 13 THE PRESIDENT: Thank you. 14 The reading of the Journal, 15 please. 16 THE PRESIDENT: In Senate, 17 Monday, January 13th. The Senate met 18 pursuant to adjournment. The Journal of 19 Friday, January 10th, was read and approved. 20 On motion, the Senate adjourned. 21 THE PRESIDENT: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly. 1 Messages from the Governor. 2 Reports of standing 3 committees. 4 The Secretary will read. 5 Motions and resolutions. 6 SENATOR SKELOS: Madam 7 President, I move that we adopt the 8 Resolution Calendar in its entirety. 9 THE PRESIDENT: All those in 10 favor of adopting the Resolution Calendar 11 signify by saying aye. 12 (Response of "Aye".) 13 Opposed, nay. 14 (There was no response.) 15 The Resolution Calendar is 16 adopted. 17 SENATOR SKELOS: Madam 18 President, I believe there's a privileged 19 resolution at the desk by Senator Mendez. I 20 ask that the title be read and move its 21 immediate adoption. 22 THE PRESIDENT: The Secretary 23 will read. 24 THE SECRETARY: By Senator 25 Mendez, Legislative Resolution congratulating 1 Myriam and Monserrate Vidro upon the occasion 2 of their 40th wedding anniversary. 3 THE PRESIDENT: All those in 4 favor of adopting the resolution signify by 5 saying aye. 6 (Response of "Aye".) 7 Opposed, nay. 8 (There was no response.) 9 The resolution is adopted. 10 Senator Skelos. 11 SENATOR SKELOS: Madam 12 President, there will be a meeting of the 13 Transportation Committee in Room 123 of the 14 Capitol at 12:00 noon. 15 THE PRESIDENT: There will be 16 a meeting of the Transportation Committee in 17 Room 123 of the Capitol at 12:00 noon. 18 Senator Skelos. 19 SENATOR SKELOS: Madam 20 President, if we could return to reports of 21 standing committees, I believe there's a 22 report of the Judiciary Committee at the 23 desk. I ask that it be read and that you 24 recognize Senator Lack. 25 THE PRESIDENT: The Secretary 1 will read. 2 THE SECRETARY: Senator Lack, 3 from the Committee on Judiciary, offers up 4 the following nomination: Associate judge of 5 the Court of Appeals, Richard Wesley. 6 THE PRESIDENT: Senator Lack. 7 SENATOR LACK: Thank you, 8 Madam President. 9 Madam President, it's my 10 privilege to rise to move the nomination of 11 an associate judge of the Court of Appeals, a 12 vacancy having occurred upon the retirement 13 of Judge Simons. The Commission on Judicial 14 Nomination is appointed pursuant to Article 15 6, Section 2 of the New York State 16 Constitution. The commission considered and 17 evaluated the qualification of candidates for 18 appointment into the office of associate 19 judge. Pursuant to Section 63 of the 20 Judiciary Law, the commission then made a 21 recommendation to the Governor pursuant to 22 that section and the Governor had nominated 23 Richard C. Wesley on January 9th, 1997 to 24 conform to the 1997 rules but, of course, 25 prior to that the Governor made his 1 nomination known. 2 As a result, the committee did 3 an exhaustive investigation and there was a 4 hearing held this morning, and if I may, 5 Madam President, I first -- before speaking 6 about Justice Wesley, about to become Judge 7 Wesley, I really want to thank the Governor. 8 He has made my job as Chair of the Senate 9 Judiciary Committee a very easy job. 10 Over 30 times since he has 11 become Governor he has nominated judges who 12 have been confirmed by this Senate and all of 13 them have been nominated and confirmed 14 unanimously. 15 I think the Governor, his 16 steering committee headed by former Chief 17 Judge Cook, has done a superb job in 18 presenting appointments to us and no less 19 superb and indeed a pinnacle to that is the 20 Governor's first nomination to the New York 21 State Court of Appeals. 22 Dick Wesley, a former member 23 of the Assembly, appeared before us today. 24 Before I get into what Dick Wesley had to 25 say, after he spoke, the hearing then had 1 presiding Justice Delores Denman of the 2 Fourth Department who is sitting in our 3 gallery next to Judge Wesley who, of course, 4 since this is a political body, I can say is 5 a Democrat and a former incarnation, the 6 district attorney of Monroe County, also a 7 Democrat, the public defender of Monroe 8 County, also a Democrat who appeared strongly 9 -- words don't describe in terms of strongly 10 in support of Dick Wesley, not only as a 11 capable judge but as a wonderful person in 12 order to be on the Court of Appeals. 13 Now, for those of my 14 colleagues who are not attorneys, you should 15 know that, of course, an election to the 16 Supreme Court of this state as our main trial 17 part allows a judge to make a decision. That 18 decision, of course, is reviewable by the 19 appellate division of the Supreme Court, a 20 panel of four -- if you live where I do, or 21 five if you live anywhere else -- justices of 22 the appellate division who will review the 23 decision having been made by the Supreme 24 Court judge -- justice, but it's only when 25 you get to the Court of Appeals, the highest 1 court in our state, that you realize that, 2 quite frankly, the buck stops here. 3 I've had appellate division 4 justices who have told me, Well, a decision 5 had to be made because that's what the law 6 says, and that's what the law of this 7 department is and we, of course, are 8 following that, and I really don't have the 9 right or the inclination not to follow that 10 law, but when you become a judge of the Court 11 of Appeals, things can change. You can 12 evaluate and say, "Hey, if I can convince 13 three of my colleagues on this court, it's 14 possible that we can change where the law has 15 been. We can move the law. We can change an 16 understanding", and that requires a certain 17 type of individual. 18 I would -- if I had to call it 19 anything, an uncommon common person, and what 20 I mean by that is you need a person who sits 21 on the Court of Appeals to be common, to 22 understand the needs and the life styles and 23 the law of this state as it can be 24 interpreted for the benefit of all the people 25 of this state but uncommon, uncommon in the 1 sense that that requires an intensity and an 2 evaluation that cannot be done by just any 3 ordinary person, and if there was anything 4 that came out of the hearing today, out of 5 his own words and out of the words of those 6 who spoke in his support was that Dick Wesley 7 is an uncommon common person. 8 He has had the ability in 9 terms of his own decisions, the ability as a 10 member of this Legislature to evaluate and a 11 responsibility to evaluate how we conduct our 12 lives. 13 He now has the ability to sit 14 as one of the seven people in final judgment 15 of actions taken by this Legislature, 16 confirmed by the Governor of those things 17 that are signed into law. That is an awesome 18 responsibility, and I am happy -- and I said 19 it at the hearing -- that we will now have a 20 former member of our legislative bodies 21 sitting on the Court of Appeals. 22 You know, because of our 23 process, whatever it is, we read in the 24 newspapers that we're arcane, that we really 25 don't know what we're doing, that we're 1 stumbling. Whatever it might be, that's 2 fine, but sooner or later, that process, what 3 it is that we've done, goes to the Court of 4 Appeals for a final evaluation and, just 5 think, my colleagues, that we're now going to 6 have sitting as a member of that Court of 7 Appeals and in those deliberations a person 8 who can say, Hey, wait a minute. You've got 9 to understand the legislative process. You 10 might not like the result but understand the 11 process. Understand what the Assembly had to 12 do. Understand what the Senate had to do, 13 that the Governor has to signed it, that 14 there has to be 31 votes there and 76 votes 15 in the other house and what it takes to reach 16 that kind of consensus and perhaps that gives 17 a little bit more understanding of the type 18 of process and the deliberations that we go 19 through in terms of a final evaluation by the 20 Court of Appeals. 21 I said it's an awesome 22 responsibility for a governor to appoint and 23 an awesome responsibility for an individual 24 to accept. I can't think of a better judge 25 that I know of in this state to accept that 1 responsibility than the nominee that is 2 before this body today, Dick Wesley. 3 In the interest of time, I'm 4 not going to go much further. I could talk 5 about his background and what he's done. 6 There is certainly a member of this body who 7 is much more qualified than I am to do so. 8 He was very constrained in the interest of 9 time at the hearing this morning. He can now 10 be unfettered and, therefore, Madam 11 President, I would like to yield at this 12 time, if I could, to Senator Michael 13 Nozzolio. 14 Michael. 15 THE PRESIDENT: Senator 16 Nozzolio. 17 SENATOR NOZZOLIO: Thank you, 18 Madam President. Thank you, Senator Lack. 19 My colleagues, often I rise in 20 this chamber sometimes to advocate, sometimes 21 to respond to an inquiry, sometimes to engage 22 in the battle of the moment, but it is, 23 indeed, with honor and happiness that I rise 24 today in support of Governor Pataki's first 25 appointment to the New York State's highest 1 court, my former Assembly colleague and one 2 of my closest friends, the Honorable Richard 3 C. Wesley of Livonia. 4 As Chairman of the Senate 5 Judiciary Committee, Senator Lack eloquently 6 spoke of Judge Dick Wesley's exceptional 7 qualifications, and I wholeheartedly agree. 8 It has been said the members 9 of the state Legislature share a familial 10 bond. We labor together day after day and 11 too often night after night on behalf of our 12 constituents and the common good. 13 Today, Dick Wesley becomes the 14 very first member of the state Legislature 15 in the state Legislature family ever 16 appointed to the New York State Court of 17 Appeals, and he will be one of the very few 18 in the entire history of the court who had 19 prior service in the state Legislature. 20 His record as a state 21 Assemblyman will serve him very well on the 22 court because that is where he first learned 23 and trained to debate the ideas and fight to 24 improve New York's laws as a member of the 25 Republican Conference in the state Assembly. 1 It's there that I witnessed firsthand his 2 keen intellect, respect for differing 3 positions and his unflagging determination to 4 fight for what he believed in. 5 He is truly a man blessed with 6 the ability to influence many by the sheer 7 force of his intellectual capacity, but Dick 8 was blessed from the very beginning. 9 He was the second son born to 10 Charlie and Betty Wesley. Charlie was a 11 truck driver and worked hard to provide for 12 his family, delivering oil and gas throughout 13 the rural communities of Livingston and 14 Ontario Counties. His mother Betty trained 15 to be a nurse and although retired still 16 volunteers her time. 17 Because of these wonderful 18 parents, Dick learned early on in life the 19 important values of hard work and community 20 service. Hard work is what brought Dick 21 Wesley from a small school located in a small 22 town to graduate summa cum laude at the very 23 large State University of New York at Albany 24 and to edit the Law Review at the very 25 prestigious Cornell University School of 1 Law. From law school, to private practice, 2 to community service, to counsel to the 3 Assembly Minority Leader, to election to the 4 state Assembly representing Livingston, 5 Allegany and Ontario Counties, from election 6 as a Supreme Court judge, to his appointment 7 of supervising judge of the criminal courts 8 in the 7th Judicial District, to appointment 9 by then Governor Cuomo as a justice of the 10 appellate division of the Fourth Department, 11 Dick Wesley throughout that time never lost 12 sight of the values Charlie and Betty 13 instilled in him. Work hard, remember your 14 family and never forget your community. 15 Dick's tenure in the state 16 Assembly was marked by legislative 17 accomplishments that allowed better ways to 18 test intoxicated drivers, remove difficult 19 evidentiary requirements to better prosecute 20 child molesters and streamline settlement 21 procedures for health care of infants. 22 In the Assembly, I was 23 fortunate to have worked with Dick and fight 24 together for our ideals and beliefs. Those 25 ideas of many years ago are gradually 1 becoming the laws of this state under 2 Governor George Pataki. 3 It's also been said that in 4 times of battle, you gain insight about the 5 quality of a person's character. Getting our 6 ideas and views heard in the Assembly as 7 members of the Republican Minority was our 8 challenge. Some of our brothers in arms that 9 served with Assemblyman Wesley you may have 10 heard of, Bill Paxon, Bob King, Tom Reynolds, 11 "Rapp" Rappleyea and those Senators in this 12 chamber, Senator Kuhl, Senator Larkin, Kemp 13 Hannon, Vinny Leibell, Steve Saland, Nick 14 Spano and, of course, George Pataki. 15 Assemblyman George Pataki remembers Dick 16 Wesley's ability to shape the debate. 17 Governor George Pataki has selected Dick 18 Wesley to help shape our future. 19 Dick Wesley's respect for his 20 colleagues on both sides of the aisle allowed 21 him to make significant contributions in 22 those challenging legislative days. His 23 thoroughness of preparation, his skilled 24 analysis and his respectful mannered debate 25 serve as a textbook for others to follow on 1 how to influence a policy as a member of the 2 Minority party, an attribute that I'm sure 3 will serve him very well in this new judicial 4 challenge. 5 Dick Wesley never forgot the 6 lessons Charlie and Betty gave him to give 7 back to his community. Dick still lives in 8 Livonia where he was raised and where he and 9 his wife Kathy have raised their two fine 10 children, Sara and Matthew. 11 In his hometown, you'll see 12 Judge Wesley still volunteering at youth 13 basketball and soccer games and even serving 14 his neighbors on one of the most important 15 rides of their lives as a volunteer ambulance 16 driver of the Livonia Volunteer Ambulance 17 Corps. 18 Dick was an American History 19 major at Albany State and one of his personal 20 heroes is Abraham Lincoln. Lincoln forever 21 shaped the history of our nation with his 22 force and belief and his commitment to 23 fairness and equality before the law. 24 Judge Richard Wesley shares 25 Lincoln's view of government as described by 1 our 16th President in these words to Congress 2 on July 4th, 1861, "We must maintain for the 3 world that form and substance of government 4 whose leading object is to elevate the 5 condition of man, to lift artificial weights 6 from all shoulders, to clear the paths of 7 laudable pursuit for all, to afford an 8 unfettered start and a fair chance in the 9 race of life." 10 Dick Wesley has done very well 11 in the race of life, always working to assist 12 others along the way. He is truly a New York 13 success story. 14 I know this is a very proud 15 day for Dick, Kathy, Betty, Sara, Matthew and 16 the entire Wesley family, and I'm sure 17 Charlie is looking down on us with great 18 pride, but this is also a very proud day for 19 the entire state Legislature family who today 20 thanks the Governor, George Pataki, for 21 sending one of its former members to serve on 22 the state's highest court. 23 Mr. President, I thank you for 24 the time, and also speaking on behalf of our 25 brother, Congressman Bill Paxon in 1 Washington, allow me to say congratulations, 2 Justice Wesley, honorable justice of the New 3 York State Court of Appeals. 4 Thank you, Mr. President. 5 ACTING PRESIDENT KUHL: The 6 Chair recognizes Senator Leichter on the 7 nomination. 8 SENATOR LEICHTER: Mr. 9 President, thank you. 10 This is a really most 11 significant confirmation that we're involved 12 in. It's the first confirmation by a 13 Republican governor of a member of the Court 14 of Appeals. I think we all can recognize 15 that the Court of Appeals plays such an 16 important role in the lives of the people of 17 the state of New York. Clearly the person 18 that we're confirming will hold one of the 19 15, 20 most important positions in the state 20 of New York. It was, therefore, very 21 important for me to see that we had a good 22 and thorough confirmation process and 23 obviously to assure ourselves that the 24 nominee was somebody who would carry on the 25 tradition of what has been one of the most 1 significant and one of the most productive 2 and one of the greatest courts in the country 3 for many, many decades. 4 I want to say that I certainly 5 think that the work that we've done in the 6 Judiciary Committee, and I think the 7 deliberation that we're having on the floor 8 now certainly fulfills our constitutional 9 responsibility of advising and consenting. 10 I want to particularly 11 acknowledge and pay tribute to the leadership 12 of the Chairman of the Judiciary Committee, 13 our colleague, James Lack and also to the 14 courtesy that he afforded the members of the 15 Minority to make sure that we proceed in a 16 very professional way, that we had a thorough 17 and complete hearing and that when we made 18 our recommendation to the full chamber that 19 we could do so knowing that we had carefully 20 looked into the qualifications of the 21 nominee. 22 I think it's also fair to say 23 that in a very highly politically charged 24 body -- and we've heard how contentious the 25 session may be and how so often as frequently 1 in Albany, everything seems to get put 2 through the prism of partisanship, but that 3 we proceeded in a very non-partisan manner, 4 and it's in that manner that I get up to say 5 in expressing my view, and I believe the view 6 of the people on this side of the aisle, that 7 Governor Pataki has made an exceptionally 8 fine nomination to the Court of Appeals and 9 in Richard Wesley and has given us somebody 10 who will carry on the fine tradition, not 11 only of his predecessor, Judge Simons but 12 somebody who will continue for many years to 13 contribute to the work of this important 14 court. 15 I must say, I didn't know 16 Judge Wesley when he was Assemblyman Wesley, 17 which I guess is part of the leaders of a 18 being in the Senate. You don't pay that much 19 attention to who's on the other side of the 20 Capitol. So I did not know him, but since 21 his nomination, I've read his opinions. I've 22 talked to people and I had the opportunity to 23 hear him today at the hearing of the 24 Judiciary Committee, and the one word that 25 you heard so many of the members, those who 1 didn't know him from before and those who did 2 know him, the one word to characterize him 3 was impressive and certainly he showed great 4 quickness of mind, learning, demeanor, all of 5 the qualifications that you want to see in a 6 judge. 7 What impressed me is that 8 after hearing him, you're not going to be 9 able to say, Well, wait a second. Is this a 10 wild-eyed radical or is this a 11 dyed-in-the-wool conservative? Is this a 12 strict constructionist, or is this going to 13 be an activist judge? That's not only the 14 skill in which he answered questions, and I 15 think there was sort of a philosophical bend 16 to the questions and to the answers, but I 17 think what it really showed to me is that 18 this is a person of the law. This is a 19 person who is deeply committed to the rule of 20 law, to his role, to his function as a judge, 21 and I found it extremely refreshing and very 22 heartening to see that sort of outlook 23 because I think that's exactly what you want 24 to have in a judge, and obviously all judges 25 bring a great deal of experience with them to 1 the bench. Maybe having served as a 2 legislator, you bring even more experience, 3 maybe more valuable experience in some 4 instances. You certainly bring a lot of 5 viewpoints, and I think it's important to be 6 able to take on the role of the judge and 7 carry that out which obviously differs in 8 very significant respects from the role of a 9 legislator, and certainly the feeling that I 10 had and I think the other members of the 11 Judiciary Committee had is that this is 12 somebody who really understands what it is to 13 be a judge, and I was given such a sense of 14 fairness on the part of Judge Wesley. 15 So I'm delighted to get up 16 here and do so with a great sense of 17 satisfaction in seconding this nomination and 18 in feeling that as we make this confirmation, 19 we're adding to the Court of Appeals somebody 20 who will carry on the great tradition of that 21 court. 22 Thank you, Mr. President. 23 ACTING PRESIDENT KUHL: 24 Senator DeFrancisco on the nomination. 25 SENATOR DeFRANCISCO: Thank 1 you, Mr. President. 2 I rarely speak at these 3 confirmation hearings unless it's someone 4 from my district and someone that I know well 5 so that I have something meaningful to add. 6 In this case, Senator Nozzolio amply 7 demonstrated, you know, the intimate 8 knowledge that he has for Justice Wesley, but 9 I have to rise today. 10 I have never met the judge 11 before. I have appeared several times before 12 the appellate division, Fourth Department and 13 he was on the panel on at least one of those 14 occasions, but I have never met him. I've 15 heard so many things about him from many, 16 many people that I respect, and I think 17 that's where a lot of us make our judgments, 18 but today it was a very interesting hearing. 19 I sat back and just listened, 20 and it was a very interesting hearing. I 21 wish everyone could have been there. Rarely 22 do you get a sense when you're hearing from 23 somebody that this is a truly good person, a 24 truly good person that not only has the 25 qualifications for a position but also has 1 the qualifications of being a decent human 2 being that you feel comfortable that he's 3 going to do the right thing, and rarely do 4 you get that feeling. 5 The broad ranges of 6 experiences that he has, the background from 7 which he comes only bodes well for this state 8 in the decisions that are going to come down 9 in the future for the Court of Appeals, and I 10 want to say I was particularly impressed by 11 the testimony of Christopher Genthner, and 12 that shows a lot to have a young man who 13 to come before a Senate committee -- I'm sure 14 he was a little bit nervous -- to come before 15 a Senate committee and say what this man has 16 done for him and for so many other people, 17 and that says a lot for an individual. 18 A few months ago I was at a 19 sporting event at the Carrier Dome, which I 20 have occasion to do from time to time, and I 21 happened to be with Governor Pataki. The 22 outcome of the game wasn't too satisfactory 23 with Miami, but we were there together 24 watching the game next to each other and I 25 asked him, when -- did he make a decision yet 1 as far as who the new Court of Appeals 2 nominee was going to be, and he was very coy, 3 but he said, "John, you'll be impressed." 4 Well, Governor, I am impressed 5 and I'm very proud to rise in support of his 6 confirmation and to urge my colleagues to 7 make it unanimous in this body. 8 ACTING PRESIDENT KUHL: 9 Senator Waldon on the nomination. 10 SENATOR WALDON: Thank you 11 very much, Mr. President, my colleagues. 12 I met Dick Wesley in 1983 when 13 a great class entered the Assembly, people 14 like the inimitable Nick Spano, Tommy 15 Barraga, Clarence Norman who's now the county 16 leader in Brooklyn, Barbara Patton who went 17 on to greater heights. At that time I had 18 the good fortune to experience the intellect 19 of a lot of people in the Assembly as I have 20 here, and everyone here is smart, in not only 21 accomplished personalities but you are smart 22 to be a part of this body and a part of that 23 body that's down the hall, but there are two 24 people there who impressed me with their 25 ability to analyze and then their ability to 1 speak extemporaneously on the floor. 2 John Sheffer was one. You all 3 know personally how skilled an orator he was 4 because he served here with us, and Dick 5 Wesley was the other. So we would exchange 6 thoughts and ideas from time to time, and I 7 learned and developed of him and developed a 8 tremendous respect and admiration for him. 9 Then our lives separated. I left for the 10 Congress and then the fickle finger of fate 11 chose to send me back here where I could hang 12 out with guys like Franz Leichter and John 13 Marchi and move on in terms of the 14 legislative experience, but I rise to speak 15 about Dick Wesley because I'm concerned about 16 certain things and I'm comfortable that he 17 will ensure the integrity of our Constitution 18 and the integrity of our process. 19 I know we're in good hands 20 with John Wesley in the Court of Appeals 21 because those concerns I have about judicial 22 imperatives and those concerns I have about 23 the absolute inability of us or non-desire of 24 us to interfere with constitutional 25 imperatives will be protected by Dick 1 Wesley. 2 I think the smartest thing 3 that he ever did was probably to marry Kathy, 4 but he did a second smart thing. He chose to 5 be the mentor, to be the inspiration, the 6 uplifting influence to one of our colleagues 7 when he chose to be the roommate of Michael 8 Nozzolio. 9 Dick, as you all know, 10 graduated with many plaudits next to his name 11 at many levels of his education. He was cum 12 laude, summa cum laude, magna cum laude and 13 even someone like me who graduated thank you 14 lordy learned to develop a tremendous 15 admiration for him. 16 This man is a reasoned 17 intellectual. This man has the capacity for 18 tolerance, and I'm sure that no matter the 19 station of the person who comes before him as 20 he sits on the court, no matter the person's 21 place of origin, no matter the person's 22 religion, no matter the person's color, there 23 will always be a level playing field as long 24 as Dick Wesley sits on the Court of Appeals. 25 Thank you very much, Mr. 1 President. 2 ACTING PRESIDENT KUHL: 3 Senator Volker on the nomination. 4 SENATOR VOLKER: Mr. 5 President, a lot has been said about Dick 6 who, by the way, is a constituent of mine. 7 On the radio this last week, I 8 was listening to some weather reports from 9 the Buffalo area which, of course, is always 10 of interest to those of us who are from 11 Western New York for obvious reasons, and one 12 of the weather reports talked about the town 13 of Livonia and the two people who were on 14 said, "Where is the town of Livonia" and they 15 said, "We've got to look on the map" and I 16 said, Well, whether they realize it or not, 17 on Tuesday, the town of Livonia is going to 18 be one of the capitals of New York State 19 because one of its favorite sons is going to 20 become one of the top judges in the country 21 because going to the Court of Appeals, I 22 think possibly we as lawyers -- those of us 23 that are lawyers realize maybe a little more 24 incredible importance of this position. 25 In fact, I'm one of those 1 people, by the way, that believes that the 2 most important thing that a president or a 3 governor does, the most enduring thing, 4 really, is the appointments that they make to 5 the judiciary, particularly the Supreme Court 6 of the United States, obviously and to the 7 Court of Appeals. 8 When you think about it, over 9 the years, probably that has been something 10 which I think has been somewhat ignored 11 sometimes by the press. Dick Wesley 12 represents, I think, a typical example of one 13 of the best kinds of appointments for the 14 times that we live in. 15 I think that it is important 16 obviously to know Dick, and obviously Mike 17 who lived with Dick for some time and who has 18 known him for many years as I have -- in 19 fact, I probably had more dealings with Dick 20 when he was a counsel to Jim Emery in many 21 ways -- there were a lot of very difficult 22 issues that we dealt with and in his 23 biography it talks about one of the issues 24 which is a single town mitigation, but I have 25 to assure you there was a lot more to -- as 1 Dick well knows, to that problem and it 2 involved a lot of towns. 3 It involved the city of 4 Rochester and all sorts of things, and it was 5 a very delicate negotiation because there 6 were property rights involved, the city of 7 Rochester, the Health Department, all sorts 8 of things that we finally were able to 9 resolve after years of discussions and public 10 beratings and all that sort of thing from the 11 local media. 12 The thing about it, I think, 13 is -- one of the reasons Dick was so 14 important is because of his personality. He 15 has the personality that can listen to the 16 arguments and, although be very direct, can 17 then in a very calm way make decisions, 18 decisions that I think are very wise 19 decisions. 20 Let me just say two things 21 about the Court of Appeals and why I think 22 this important -- this appointment is so 23 important. I read the press like everybody 24 else, Well, he's replacing somebody who's 25 more conservative and all that sort of 1 stuff. Let me tell you, in my opinion, the 2 importance -- first of all, the Court of 3 Appeals, whether some of us realize it or 4 not, has had a habit recently of making 5 decisions and trying to change the plain 6 language that the Legislature has sent in 7 statutes. It's one of the more aggravating 8 things for me. We are sending someone there 9 who was in the Legislature, who realizes what 10 plain language means, and my personal opinion 11 is I think that's important. 12 Number two, there was a 13 decision several years ago called the 14 bankers' decision, and that decision, 15 although I might have some disagreement with 16 it on its merits -- but I think this 17 certainly was a good argument for the Court 18 of Appeals to make the decision -- my problem 19 with the decision was it was a case that was 20 pending for something like three years in 21 regards to our budget process. The decision 22 was made about five or six days before April 23 1st and it drastically changed the entire 24 budget process of this state that had gone on 25 for a century. What it did was to throw the 1 process into chaos. Of course, the press 2 virtually ignored the fact that the reason we 3 were -- the clear reason we were late with 4 that budget that year -- and probably, by the 5 way, the next year, but that's beside the 6 point -- that year for certain was because 7 that decision was made so close to the end of 8 the budget process. 9 Now, I said to a very 10 prominent judge at the time, who shall remain 11 nameless, I said, "Why did the Court of 12 Appeals do that? To me, the decision -- you 13 could argue the decision. That's up to them, 14 but why did they do it in the time they 15 did?" His reply was, I don't think the Court 16 of Appeals judges ever even thought about or 17 recognized the fact that that decision was 18 going to send the system into chaos, create a 19 situation, by the way, where pieces of the 20 budget -- because we had to divide up the 21 budget into different bills and all sorts of 22 things -- the reason the budget didn't pass 23 actually until July, if my recollection is 24 correct, when we followed up with having to 25 follow up that decision. 1 The reason I mention that is 2 whether you believe it or not and whether the 3 press believes it or not, we have somebody 4 now going to the Court of Appeals who 5 understands the whole process of government, 6 which I happen to think is very, very 7 important. That doesn't necessarily mean 8 that he's going to make decisions based on 9 that, but he's going to understand and can 10 tell the Court of Appeals of this state, This 11 is the way the process works and when we make 12 this decision, timing and all the rest of the 13 things, this is what's involved. I think 14 that is important and maybe in some ways as 15 important as the ability that he has to make 16 just and proper decisions. 17 Dick, let me just say to you 18 that to me personally you have always been a 19 good friend. As you know, Kathy too has been 20 very, very active in the community and your 21 mother, who I know very well, is a wonderful 22 person and I've often said, if you see the 23 parents, if you see your mother, you can 24 pretty well tell where the stock came from, 25 and she's a very direct and pointed person at 1 times and has told me a couple of things when 2 she didn't think I did something right, and 3 you have too, by the way, and we have 4 disagreed on a few occasions, but I have to 5 say that disregarding the fact that you 6 obviously are a constituent and a friend, I 7 can't think really of a better person that 8 the Governor could have chosen for this 9 particular time to be an associate justice of 10 the Court of Appeals. 11 I wish you the very best. I 12 know it's not an easy place to be despite, 13 you know, all the problems of our times, but 14 I know you're up to it, and I know you'll 15 make everyone proud, not only here but 16 certainly in Livonia. Good luck. 17 ACTING PRESIDENT KUHL: The 18 Chair recognizes Senator Dollinger on the 19 nomination. 20 SENATOR DOLLINGER: Thank you, 21 Mr. President. 22 Today I'm going to get an 23 unusual privilege. I'm going to get to vote 24 for Richard Wesley for the second time. 25 In 1986, there was a friend of 1 mine on the Supreme Court ballot in Monroe 2 County and those of you who know me can 3 imagine that dropping down to Row B is 4 something of an unusual experience for me. I 5 develop a certain cold sweat in the voting 6 booth, but on that day, I gladly reached down 7 to Row B and pulled the name of Richard 8 Wesley, a friend of mine, to become a state 9 Supreme Court judge. Today I get to elevate 10 him to the highest court in New York State, 11 and I do so as proudly today as I did on that 12 day back in 1986. 13 I'd point out for my colleague 14 and friend, Senator Nozzolio, that while 15 Governor Pataki has clearly recognized Judge 16 Wesley's substantial skills, he is not the 17 first governor in this state to recognize 18 those skills because three and a half years 19 ago, a Democratic governor in what I can only 20 describe which was received among the 21 Democratic legal community in Monroe County 22 with some consternation, a Democratic 23 governor decided to appoint a Republican 24 sitting member of the state Supreme Court to 25 the appellate division. There were those who 1 are from the Row A side of the fence who 2 said, "Gee, why is the Governor doing that?" 3 When they asked me, I quite frankly said, 4 "Because he's the best judge we've got on 5 the state Supreme Court bench. So Dick 6 Wesley's success has been celebrated in a 7 bipartisan fashion before, as I hope it will 8 be celebrated today. 9 Those of you who sat in on the 10 questioning before the Judiciary Committee, I 11 focused on one area in particular, and that 12 is how can this man who has been a passionate 13 advocate in conversations with Senator 14 Nozzolio, in conversations in the Red Wing 15 box seat that I shared with him in the 16 mid-'80s, when we talk passionately about the 17 issues of the day, the same kinds of issues 18 that Senator Waldon addressed, how can this 19 man who's been such a passionate advocate in 20 the political process become someone who will 21 become a referee of the political process 22 oftentimes in its disputes with the people 23 who, through their Constitution have said, 24 that despite the vast power that we have in 25 this chamber, it nonetheless has a limit, and 1 it seems to me that the man I know is one of 2 the few in this state who could because of 3 the power and conviction and commitment to 4 our system of laws, say to his friend, the 5 Governor and his friends in the state 6 Legislature, You have made a mistake. The 7 people did not give you the power to do what 8 you wanted to do and hence your act violates 9 our Constitution and cannot be sustained. 10 Dick Wesley has the courage, the conviction 11 and commitment to do that. 12 And let me just tell a little 13 story. I don't think I'm talking out of 14 school. Before I came to the state 15 Legislature, I wanted to know what it was 16 like to manage a family -- my children are 17 roughly comparable in age to Dick's -- and I 18 wanted to know what it was like to live part 19 of your life in Albany and how do you manage 20 your family. I called then Supreme Court 21 Justice Dick Wesley and said, "Can you meet 22 me for a drink?" He did. He was very 23 candid. We talked about our families, about 24 things that we believed were very important 25 to us and how you manage this dual life of 1 living in Albany and coming back. He gave me 2 great inspiration. He gave me great 3 insight. He talked about how you have to 4 make better use of your time and your family 5 and your home. I've tried to do that, but he 6 also told me one other story that I think 7 demonstrates his most powerful attribute, and 8 that is for want of a better term, I'll use 9 one that doesn't have a legal equivalent. 10 It's called guts. 11 Dick Wesley had presided over 12 a very, very difficult trial. It involved a 13 family that I was very close to. It involved 14 an unfortunate death of a promising young 15 man. It had been a terrible death. There 16 was a personal injury case, product liability 17 case brought in the wake of that death. It 18 was a widely publicized trial. The family 19 was a Republican family, a very influential 20 family. A terrible, terrible tragedy had 21 occurred. 22 In the course of that trial, 23 there was an evidentiary ruling when the 24 plaintiff attempted to introduce evidence 25 about how this particular young man would 1 have been successful in a given profession. 2 Richard Wesley sat down and made a difficult 3 call. He decided that based on the law that 4 evidence could not be admitted. The trial 5 was resolved and a verdict in favor of the 6 defendants and against the plaintiff. 7 Several days later -- several 8 weeks later, Richard Wesley was introduced in 9 a social situation to the father of this 10 child and in that terribly difficult 11 situation, the father obviously distraught 12 said, "Gee, Judge, I wish you had the guts to 13 let that evidence in." Dick Wesley looked at 14 this man and said, "I did what the law told 15 me to do", and it seems to me that that guts, 16 to look someone in the eye and say, the law 17 must dictate how we decide issues, that it is 18 not an issue of passion, it is not an issue 19 of the moment, but it is nonetheless 20 something that we all swear a fealty to. 21 That showed the guts of Richard Wesley. 22 I am willing to put him on the 23 Court of Appeals because if he has the guts 24 to do that, he has the guts to tell this 25 Legislature when it has trampled on the 1 powers that the people reserve to themselves 2 in their Constitution, that he has the guts 3 to look prosecutors in the eye and say, You 4 have exceeded your authority and the evidence 5 must be suppressed because individual liberty 6 is that important. He has the guts to 7 resolve the critical issues of our days, and 8 it seems to me that that attribute alone will 9 serve him well in this current position. 10 I'll close, Dick, by just 11 summing up the memory and spirit of the other 12 man who came from the Southern Tier, from a 13 small village and a small town, who brought 14 those small town values that you so strongly 15 possess to the Court of Appeals. His name 16 was Domenick Gabrielli. He had a background 17 roughly comparable to Richard Wesley's. 18 I'm telling you, Dick, I 19 believe you will follow in the foot steps of 20 Dom Gabrielli, in those hollowed foot steps 21 in which he made a contribution to juris 22 prudence in this state that is among the 23 finest ever reached. My opinion is that 24 Richard Wesley, with all of those same 25 qualities and the guts to go with them, will 1 achieve that same level of success and I will 2 remember my career in the state Legislature 3 as the day that I was able to proudly vote 4 for Richard Wesley as a member of the Court 5 of Appeals. 6 Godspeed and good luck. 7 ACTING PRESIDENT KUHL: 8 Senator Leibell on the nomination. 9 SENATOR LEIBELL: Thank you, 10 Mr. President. 11 And certainly the Governor has 12 sent to us many fine names to consider over 13 the course of the last couple of years, and 14 as we meet here today there are probably very 15 few greater responsibilities than we have 16 conducting this deliberation. 17 I think most of us can sit 18 here regardless of the side of the aisle 19 we're on and sit in somewhat awe of the 20 comments and the statements that are being 21 made because they are certainly of the 22 highest caliber. 23 Mike Nozzolio very well 24 summarized a great deal about the life of 25 Dick Wesley, and as someone who came into the 1 same class with Dick -- and certainly not to 2 disparage in any way many other fine members 3 who are in that class -- without question, 4 Judge, you stood out. 5 You stood out as a debater, 6 yes, but more than the words you uttered, it 7 was the way you went about putting 8 legislation together, his sense of decency, 9 of fairness, the eagerness, even for a member 10 of the Minority when it certainly is easy 11 enough at times to be discouraged. You set a 12 standard for everyone in that class, as well 13 as for the Legislature while you served 14 there. 15 You are truly a proud son of 16 this great state. Born here, raised here, 17 educated here, having brought up your own 18 family here and now, and as you have 19 throughout so many years, leading this state. 20 A comment was made concerning 21 our families and at times the difficulties 22 that this life poses for our families, and I 23 can remember many times speaking with you 24 about that, both of us having young children 25 and how greatly it concerned you. I hope 1 that we send you legislation and laws that 2 you will feel comfortable with and that we 3 will have done a good job as legislators. 4 I do know this, that we could 5 not personally have a person of higher 6 character, greater integrity or someone who 7 could do a finer job for the people in the 8 state of New York than you, Judge Wesley. 9 ACTING PRESIDENT KUHL: 10 Senator Gold on the nomination. 11 SENATOR GOLD: Thank you, Mr. 12 President. 13 I'll be brief. So much has 14 been said. I would like to clear the record, 15 though, on something because Senator Leichter 16 made reference to the judge. He said 17 quickness of mind. He was impressive, 18 fairness and you look at his record and you 19 might be misled because in 1971, you'll read 20 that he graduated summa cum laude from 21 college, but if the truth be told, there was 22 a little floundering in his life from that 23 point, but from the fall of '71 through the 24 spring of '74, he had the opportunity of 25 having his mind enriched and nurtured and 1 probed and expanded, and I think the members 2 of the court will appreciate that Cornell law 3 education which you bring there. Jimmy Lack 4 made me do that. 5 At any rate, I wanted to say 6 in response to something that Senator Volker 7 said, that I don't believe that the way a 8 judge approaches the job is necessarily 9 liberal or conservative in terms of 10 philosophy and, Judge, I am one of those who 11 agrees with Senator Volker that this is the 12 place for legislation. We ought to do the 13 legislating and the judges ought to do the 14 judging, and I feel very, very refreshed and 15 good about the fact that one of our own 16 and I'm a Democrat but you're still one of 17 mine when it comes to your background -- is 18 going to this court. 19 I have admired the 20 appointments of Governor Cuomo to that court, 21 and I think we have a fine court. I 22 particularly admire Governor Pataki's general 23 appointments to the court. I have had 24 disputes with him in some of the other areas 25 and some of the department heads and 1 whatever, but I think that Governor Pataki 2 has really been superb when it comes to what 3 he's done for our courts. 4 So I just really wanted to 5 wish you well, Judge, and I'm always proud 6 when somebody from Cornell gets the proper 7 recognition. 8 ACTING PRESIDENT KUHL: 9 Senator Larkin on the nomination. 10 SENATOR LARKIN: Thank you 11 very much, Mr. President. 12 I rise as a non-lawyer who 13 first met Dick Wesley when he was a counsel 14 for then Assembly Minority Leader Jim Emery, 15 and I was amazed how he would come by and he 16 would listen to all the great orators in the 17 Minority telling how and why and what we 18 should do and after all the desks cleared, 19 Dick Wesley would stand up and in a very calm 20 order he would look at Nozzolio first and 21 then Paxon as if to say "Here we go", and it 22 was very clear that he had studied the issue 23 and he wanted to make sure that the 24 non-lawyers received a thorough 25 indoctrination, not trying to be rude or 1 anything, but to make sure because of the 2 finer points that somebody didn't go off the 3 ranch and say things that weren't true, 4 didn't reflect what the legislation was 5 about. 6 When he ran and became a 7 member of the Assembly, he became the same 8 person, a cooperative, hard worker. You 9 could tell then that members in the Majority 10 in the Assembly would say, you know, some day 11 great things are going to happen to Dick 12 Wesley. Never talked about you, Mike, or 13 Paxon, but they always referred to Dick 14 Wesley about how he had the ability to gain 15 the most cooperation from everybody that he 16 came in contact with. I was amazed because 17 having been a retired colonel I didn't ask. 18 I told people what to do. Dick Wesley had 19 the ability to get it. 20 I think that when we look and 21 see what the Governor has been trying to 22 search out for our courts, I think a best 23 example of it is last week I talked to a high 24 school class and their comments were the 25 bickering back and forth between the 1 Legislature, the Governor and the courts, and 2 some of the decisions that are rendered right 3 here in our home area makes us question the 4 type of caliber of an individual we place on 5 the court. I tried to proceed and tell them 6 about an individual who was going to the 7 court and, you know, it was very easy. I 8 took out the Red Book and I read something. 9 I really found out how he became something 10 important. He married a young lady who said, 11 Listen to me. Follow me, and he did, but I 12 really told them about his process and how he 13 addressed issues. 14 I can remember people coming 15 to the Capitol from his home area and how he 16 would address the young people and he made 17 them feel so comfortable and so important, 18 and that's the type of an individual we need, 19 but we also need someone who doesn't try to 20 interpret so much as Mr. Doll... Senator 21 Dollinger said, the law, and I think what we 22 have here today is a colleague who has gone 23 this final step, and I think that we all 24 should be very proud. 25 It's really nice to sit here 1 in this chamber and see members of both 2 parties, lawyers and non-lawyers, willing to 3 stand up and say the real truth about an 4 individual, not that we were politically 5 pushed to vote in favor of some individual 6 but here we were voting for an individual to 7 this court which is so prestigious, and as we 8 heard people from all the media say, that 9 this level of court needs the best, the 10 brightest, the sincerest, and the dedicated, 11 and that's Dick Wesley. 12 God bless you, Dick. 13 ACTING PRESIDENT KUHL: 14 Senator Rath on the nomination. 15 SENATOR RATH: Thank you, Mr. 16 President. 17 Judge Wesley, Judge Denman, I 18 don't remember when I met either of you. It 19 was so long ago. Maybe, Delores -- Judge 20 Denman, it might have been before I knew Dick 21 Wesley. I think that was some time in the 22 days when the county legislators were coming 23 to Albany and, of course, you and Assemblyman 24 Nozzolio and Assemblyman Paxon were advising 25 us on some of the things we needed to know 1 that we would carry back to our respective 2 counties. I'm sure that was when it was, and 3 because I'm a neighbor of yours in Western 4 New York, I'm taking the liberty to stand up 5 and say a word or two inasmuch as my district 6 runs right through Genesee County and 7 snuggles right up there next to Monroe 8 County. 9 This morning in the Judiciary 10 Committee hearing, a number of approaches 11 were made and a number of items discussed, 12 but there was one that caught my attention 13 particularly, and it was when the pace seemed 14 to slow and you picked up the judicial aura 15 which we see in judges so often and which we 16 all hold in awe, in respect and the kind of 17 reverence that we hope never, ever leaves the 18 judiciary, because when and if it ever does, 19 I think we as Americans would have to -- to 20 wonder what our future holds, but I saw you 21 pick up that aura today when there was a 22 discussion of a particular case that was 23 particularly difficult for you. You stopped 24 and you said, quote, "I was required to make 25 a judgment call", and I think that's what we 1 expect of our judges, and it's interesting 2 how our characters are forged in the 3 crucibles of the areas wherein we serve. 4 Your Assembly days have been noted and talked 5 about at some length, and I know some would 6 talk about their colleagues who present with 7 enthusiasm. Others would always talk about 8 someone's humor. Your passion was mentioned, 9 but that's not -- those are not the items I 10 would like to highlight. 11 This morning, I think I heard 12 your friends, your colleagues, people who 13 know you far better than I do, talk about 14 your integrity, your independence and your 15 courage and, Judge, this morning there were 16 discussions of the weighty times that are 17 coming in front of the courts of New York 18 State and, indeed, in coming in front of all 19 Americans, we have some very weighty times in 20 front of us. They will appear in the courts 21 of New York State and you will be there, I'm 22 sure, and the crucible, again, wherein you 23 learned to function with integrity, 24 independence and courage will be the 25 qualities that you carry into those decisions 1 and when you are facing those decisions, I, 2 for one, as a Senator of the state of New 3 York in casting my vote for you, will be 4 happy to say that I know that when Judge 5 Wesley is called upon to make a judgment 6 call, it will be made with that same 7 integrity, independence and courage. 8 And so, Judge, good luck. 9 Godspeed and God bless New York. 10 ACTING PRESIDENT KUHL: 11 Senator Marchi on the nomination. 12 SENATOR MARCHI: Mr. 13 President, when I first came to the Senate 41 14 years ago, I requested appointment to the 15 Judiciary Committee as my number one choice. 16 So I have gone through countless proceedings 17 all through the years, and I must say that 18 the experience I enjoyed today -- and I say 19 "enjoyed" purposely -- has never been 20 surpassed. It was a very inspiring exercise 21 that we went through. 22 Senator Lack as Chairman and 23 Senator Leichter as ranking Minority member 24 set a tone which was respected and elicited 25 very fine expressions from those who 1 addressed the record. Certainly all the 2 evidence of brilliance, intellectual 3 integrity, some of the qualities that have 4 been summoned and cited in support of this 5 nomination, courage, encyclopedic knowledge 6 of American juris prudence and the span of 7 years in which he manifested these qualities 8 was relatively brief by comparison to most 9 appointments to this court. 10 So it was, indeed, a very, 11 very fine experience with people from the Bar 12 Association, the Association of the Bar and 13 the very meticulous care that they took in 14 describing each step, thorough steps and then 15 coming out with a consensus that was total 16 and unanimous. This was -- also added 17 substance and enriched the value of this 18 nomination, and then Senator Waldon mentioned 19 the uniformed respect that he has of all 20 God's children. This is a moral dimension. 21 This is a spiritual quality, and the rest of 22 it would mean much less than nothing if this 23 were not present, and that was projected with 24 such an airing quality by Mr. Genthner, a 25 young teacher, explaining the terms and the 1 impact that it had on his own personal life 2 and others in the community. 3 This all added up, Mr. 4 President, to a mosaic, and the mosaic is a 5 fine one, a good one, and I ask you, Judge, 6 carry the expressions of sincere estimations 7 of value and the feeling that you generated 8 among those who attended the hearings and 9 those who are participating in the function 10 today. I'm sure that they will enrich you as 11 it has enriched us to have you before us and 12 your splendid family to assist at this 13 proceeding. If nothing else, we're missing 14 to really give us a reflection of the 15 function of this chamber. 16 Today's experience certainly 17 is one that should give us all pride and 18 satisfaction in being able to assist at it 19 and to wish you Godspeed in your new 20 challenges. 21 ACTING PRESIDENT KUHL: 22 Senator Saland to close on the nomination. 23 SENATOR SALAND: Thank you, 24 Mr. President. 25 Mr. President, I rise as so 1 many have and so many have eloquently before 2 me to sing the praise of Judge Richard 3 Wesley, and pardon my formality. During the 4 course of the judiciary hearing earlier 5 today, I had a brief opportunity to exchange 6 some comments with the judge and as would 7 reasonably be expected, once again he bested 8 me. So congratulations. 9 I had the good fortune to 10 serve two terms in the Assembly with the 11 judge, and let me avoid the levity and get 12 right to the heart of it. I can think of 13 nobody who either by way of demeanor, always 14 judicious or by way of intellect or ability 15 would be a better nominee than Governor 16 Pataki has chosen to serve on this Court of 17 Appeals. 18 He's an extraordinary 19 gentleman. He brings talent. He brings 20 integrity. He brings commitment. He brings 21 all of the qualities that the people of the 22 state of New York can rest assured knowing 23 that they have their life, their liberty and 24 their property being safely guarded by the 25 newest addition to the Court of Appeals. 1 Congratulations and all the 2 luck in the world to you. 3 ACTING PRESIDENT KUHL: The 4 question is on the confirmation of the 5 Honorable Richard C. Wesley as an associate 6 judge of the Court of Appeals. All those in 7 favor of the nomination signify by saying 8 aye. 9 (Response of "Aye".) 10 Opposed, nay. 11 (There was no response.) 12 The nominee is unanimously 13 confirmed. 14 It's my pleasure to welcome 15 the Honorable Richard C. Wesley, the newest 16 associate judge to Court of Appeals to the 17 chamber. Judge Wesley, we're happy to see 18 you. 19 Judge Wesley is also joined by 20 his wife, Kathy. Kathy, welcome to the 21 chamber. It's wonderful to see you here. 22 (Applause) 23 Senator Skelos. 24 SENATOR SKELOS: If we could 25 continue with reports of standing committees, 1 I believe there's a report of the 2 Transportation Committee at the desk. I ask 3 that it be read. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read. 6 THE SECRETARY: Senator Levy, 7 from the Committee on Transportation, hands 8 up the following bills directly for third 9 reading: Senate Print Number 26, by Senator 10 Volker, an act to amend the Vehicle and 11 Traffic Law, in relation to suspensions; 12 Senate Print 119, by Senator 13 Stafford, an act to amend the Vehicle and 14 Traffic Law, in relation to the operation of 15 school buses; 16 Senate Print 184, by Senator 17 Tully, an act to amend the Vehicle and 18 Traffic Law, in relation to revoking driver's 19 licenses; 20 Senate Print 188, by Senator 21 Tully, an act to amend the Vehicle and 22 Traffic Law, in relation to authorizing towns 23 and villages to establish a prepaid parking 24 permit system; 25 Senate Print 203, by Senator 1 Levy, an act to amend the Highway Law, in 2 relation to designating the Bethpage State 3 Parkway; 4 Senate Print 358, by Senator 5 Levy, an act to amend the Vehicle and Traffic 6 Law, in relation to authorizing registration 7 fees; 8 Senate Print 362, by Senator 9 Levy, an act to amend the Vehicle and Traffic 10 Law, in relation to distinctive plates for 11 police officers. All bills directly for 12 third reading. 13 ACTING PRESIDENT KUHL: 14 Without objection, all bills are reported 15 directly to third reading. 16 Reports of select committees. 17 Communications and reports 18 from state officers. 19 Motions and resolutions. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. 22 President, on behalf of Senator Bruno, I 23 offer up the following resolution amending 24 the Senate rules, notice of which was filed 25 during yesterday's session and ask that the 1 title be read and move for its immediate 2 adoption. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read the title. 5 THE SECRETARY: By Senator 6 Bruno, Senate Resolution proposing an 7 amendment to Section 1 of Rule 7 of the 8 Senate rules, relating to the composition of 9 standing committees. 10 ACTING PRESIDENT KUHL: The 11 question is on the motion. All those in 12 favor signify by saying aye. 13 (Response of "Aye".) 14 Opposed, nay. 15 (There was no response.) 16 The motion is adopted. 17 Senator Skelos. 18 SENATOR SKELOS: Mr. 19 President, on behalf of Senator Bruno, I 20 offer up the following committee assignments 21 and ask that they be filed in the Journal. 22 ACTING PRESIDENT KUHL: The 23 memorandum is accepted and filed. 24 SENATOR SKELOS: Mr. 25 President, there being no further business, I 1 move we adjourn until Tuesday, January 21st 2 at 3:00 p.m., intervening days being 3 legislative days. 4 ACTING PRESIDENT KUHL: 5 Without objection, the Senate stands 6 adjourned until Tuesday, January 21st at 3:00 7 p.m., all intervening days to be legislative 8 days. 9 (Whereupon, at 12:52 p.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19