Thursday, April 30, 1998

1 2 3 4 5 6 7 8 9 ALBANY, NEW YORK 10 April 30, 1998 11 1:24 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR MICHAEL A.L. BALBONI, Acting President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25 1 P R O C E E D I N G S 2 ACTING PRESIDENT BALBONI: The 3 Senate will come to order. Please join me in 4 saying the Pledge of Allegiance. 5 (Assemblage repeated the Pledge 6 of Allegiance to the Flag. ) 7 In the absence of clergy, we'll 8 all bow our heads in a moment of silence. 9 (A moment of silence was 10 observed. ) 11 Reading of the Journal. 12 THE SECRETARY: In Senate, 13 Wednesday, April 29th. The Senate met 14 pursuant to adjournment. The Journal of 15 Tuesday, April 28th, was read and approved. 16 On motion, Senate adjourned. 17 ACTING PRESIDENT BALBONI: 18 Without objection, the Journal stands approved 19 as read. 20 The presentation of petitions. 21 Messages from the Assembly. 22 Messages from the Governor. 23 Reports of standing 24 committees. The Secretary will read. 25 THE SECRETARY: Senator Lack, 1 from the Committee on Judiciary, offers up the 2 following nomination: 3 As a Justice of the Supreme 4 Court for the Second Judicial District, Muriel 5 Shaff Hubsher, of Brooklyn. 6 ACTING PRESIDENT BALBONI: 7 Senator Lack. 8 SENATOR LACK: Mr. President, I 9 rise to move the nomination of Muriel Shaff 10 Hubsher, of Brooklyn, as a Justice of the 11 Supreme Court for the Second Judicial 12 District. Judge Hubsher appeared before the 13 Judiciary Committee this morning, was 14 unanimously moved by the committee to the 15 floor of the Legislature. Her credentials 16 have been examined by the staff of the Senate 17 Judiciary Committee, have been found totally 18 in order, and I would respectfully yield to 19 Senator Connor for the purposes of a second. 20 ACTING PRESIDENT BALBONI: 21 Senator Connor. 22 SENATOR CONNOR: Thank you, Mr. 23 President. 24 Mr. President, I'm indeed 25 honored to second the nomination to confirm 1 Judge Hubsher. She has served with 2 distinction in the great county of Kings as a 3 criminal court judge, and as an acting Justice 4 of the Supreme Court and brings to the bench 5 -- brings to this new appointment as a 6 Supreme Court Justice her experience in the 7 court system as a law secretary to some of the 8 finest jurists that the county of Kings has 9 been graced with over the past years. Besides 10 her very astute legal mind, her human 11 qualities will make her a good judge because, 12 as I've said before in this chamber, being a 13 judge is more than just learning of the law. 14 Judging is about knowing and understanding 15 people, knowing and understanding the 16 community in which one resides and 17 understanding the basic elements of human 18 nature. Judge Hubsher has demonstrated in her 19 tenure on the bench the ability to do that so 20 well. 21 Besides all this, she's a 22 wonderful person, a delightful person, and I'm 23 indeed happy to move her confirmation. 24 Judge Hubsher is here today 25 with us, and I urge all my colleagues to 1 support this nomination. 2 ACTING PRESIDENT BALBONI: The 3 question is on the nomination of Judge Muriel 4 Shaff Hubsher as a Justice of the Supreme 5 Court for the Second Judicial District. 6 All in favor signify by saying 7 aye. 8 (Response of "Aye.") 9 Opposed nay. 10 (There was no response. ) 11 Muriel Hubsher is hereby 12 confirmed as a Justice of the Supreme Court of 13 the Second Judicial District. 14 Congratulations! With her this 15 afternoon are her husband, Dr. Mitchell 16 Hubsher, grandchildren Sierra and Willow 17 Hubsher, family members Dr. and Mrs. Steve 18 Shaff, and friends Murray Tannenholtz and Dr. 19 and Mrs. Joseph Fenton. Welcome, all. 20 Congratulations. 21 (Applause) 22 Secretary will read. 23 THE SECRETARY: As Judge of the 24 Court of Claims, Edgar C. Nemoyer, of 25 Buffalo. 1 ACTING PRESIDENT BALBONI: 2 Senator Lack. 3 SENATOR LACK: Thank you, Mr. 4 President. 5 I rise once again to move the 6 nomination of Edgar C. Nemoyer, of Buffalo, as 7 a judge of the Court of Claims. Judge Nemoyer 8 is already a member of the Court of Claims. 9 His credentials were examined by the staff of 10 the Judiciary Committee. They were found 11 certainly to be in order. He appeared before 12 the committee this morning, was unanimously 13 moved to the floor. 14 I'm happy to call on Senator 15 Volker for purposes of a second. 16 ACTING PRESIDENT BALBONI: The 17 chair recognizes Senator Volker. 18 SENATOR VOLKER: Mr. President, 19 I want to second the nomination of Judge 20 Nemoyer who has been on the Court of Claims 21 previously. A fine gentleman, as I said in 22 the committee meeting. I've known Edgar 23 Nemoyer for a number of years -- a former 24 police officer, a former teacher at SUNY law 25 school, a fine gentleman and a top flight 1 jurist, I think probably considered one of the 2 best lawyers in the western New York area, and 3 I think the Governor made really a great 4 choice renaming Ed Nemoyer to the Court of 5 Claims. 6 ACTING PRESIDENT BALBONI: 7 Thank you, Senator Volker. 8 Senator Stachowski. 9 SENATOR STACHOWSKI: Thank you, 10 Mr. President. 11 I, too, would like to rise to 12 second the nomination of Edgar Nemoyer. He 13 has done a great job on the Court of Claims 14 and obviously the Governor made a great choice 15 when he reappointed him. I was glad to follow 16 Senator Volker because it's always good when 17 one policeman/lawyer speaks first about 18 another policeman/lawyer, not having been 19 either, but he does a great job on the bench. 20 He's always been active in his community. I'm 21 glad that he's one of my constituents, and 22 it's a thrill to have the opportunity to say a 23 few words about Edgar Nemoyer. 24 ACTING PRESIDENT BALBONI: 25 Thank you, Senator Stachowski. 1 Chair recognizes Senator Rath. 2 SENATOR RATH: Thank you, Mr. 3 Chairman. 4 It's my pleasure also to rise 5 on behalf of a few words for Judge Nemoyer. 6 Judge Nemoyer is a friend and a 7 comrade on the judiciary of many of the people 8 that I know very well back in the district, 9 thought of very highly by the bench and the 10 bar and all the people of the community. I'm 11 delighted that he's going to be reappointed 12 and wish you well, Judge. 13 ACTING PRESIDENT BALBONI: The 14 question is on the confirmation of Edgar C. 15 Nemoyer as judge of the Court of Claims. All 16 those in favor signify by saying aye. 17 (Response of "Aye.") 18 Opposed nay. 19 (There was no response. ) 20 Eric -- Edgar C. Nemoyer is 21 hereby confirmed as a Court of Claims judge. 22 Congratulations, and the judge 23 has with him today his wife Josephine. 24 Congratulations. 25 (Applause) 1 Secretary will read. 2 THE SECRETARY: As a judge of 3 the Court of Claims, Terry Jane Ruderman of 4 Scarsdale. 5 ACTING PRESIDENT BALBONI: 6 Senator Lack. 7 SENATOR LACK: Thank you, Mr. 8 President. 9 I rise to move the nomination 10 of Terry Jane Ruderman as a judge of the Court 11 of Claims. Judge Ruderman is currently a 12 member of that court. She was confirmed by 13 this body in June of 1995, is completing 14 almost three years on the Court of Claims. 15 She, of course, has had her credentials once 16 again examined by the staff of the Judiciary 17 Committee. They've been found entirely in 18 order, and I would just like to spend a moment 19 or two myself, if I could, talking about Judge 20 Ruderman because, since she has been on the 21 bench for the last three years, I've gotten to 22 know her and to know her work. 23 She took over a seat that had 24 been vacant in White Plains in Westchester 25 County, in a court that had a large backlog. 1 She's done an excellent job. She has erased 2 the backlog. I know from her colleagues who 3 sit on the Court of Claims that she has 4 achieved an excellent record on that court, 5 which is not surprising considering her back 6 ground as a principal law clerk to the 7 Honorable Kenneth Rudolph of the Supreme Court 8 in Westchester County, as a practicing 9 attorney in the office of the County Executive 10 of Westchester County, the Westchester County 11 Attorney, distinguished graduate of Pace 12 University, articles editor of the Pace 13 University Law Review. 14 Judge Ruderman, a -- one of the 15 first appointees of then new Governor George 16 Pataki, has certainly distinguished herself on 17 the Court of Claims and, Mr. President, it is 18 a distinct pleasure to rise to move her 19 renomination as a judge of that court and to 20 wish her Godspeed and good luck. 21 Like to also mention, she is 22 joined today by her husband, Jerold Ruderman, 23 and her daughter and son-in-law, Jill and 24 Donald Sandford. 25 Thank you, Mr. President. 1 ACTING PRESIDENT BALBONI: 2 Chair recognizes Senator Leibell. 3 SENATOR LEIBELL: Thank you, 4 Mr. President. 5 Senator Lack has very well and 6 ably stated the great record of Judge 7 Ruderman, but I would like to at this point 8 join in and move this nomination, noting her 9 great accomplishments as a member of the Court 10 of Claims, and the distinguished career she 11 had before she went to that bench. 12 This has certainly been a most 13 excellent appointment by Governor Pataki, and 14 I join in with my colleagues in wishing her a 15 continued successful career as a jurist. 16 ACTING PRESIDENT BALBONI: The 17 question is on the confirmation of Terry Jane 18 Ruderman of Sand Lake as judge of the Court of 19 Claims --sorry about that typo, Scarsdale. 20 Sand lake is a nice place too though, your 21 Honor. 22 All those in favor, please 23 signify by saying aye. 24 (Response of "Aye.") 25 Opposed nay. 1 (There was no response. ) 2 Terry Jane Ruderman is hereby 3 confirmed as judge of the Court of Claims. 4 Congratulations, Judge Ruderman, and joining 5 judge Ruderman today is her husband, Jerold 6 Ruderman, daughter Jill and her husband, 7 Donald Sandford, and friends Debbie Sellas, 8 Susie Hickson and Tom Jefferson. 9 Congratulations, your Honor. 10 (Applause) 11 The Secretary will read. 12 THE SECRETARY: As a judge of 13 the Court of Claims, Jonathan Lippman, of Rye 14 Brook. 15 ACTING PRESIDENT BALBONI: 16 Senator Lack. 17 SENATOR LACK: Thank you, Mr. 18 President. 19 It is with great honor that I 20 rise to move the nomination of Jonathan 21 Lippman, of Rye Brook, as a judge of the Court 22 of Claims. This, as with Judge Ruderman, is 23 the second time that Judge Lippman has 24 appeared before this body for a renomination. 25 I'd like to spend a couple minutes, if I 1 could, just saying a couple things about Jon 2 Lippman. 3 Jon Lippman, of course, as 4 everybody knows, is not only a judge of the 5 Court of Claims but is the chief 6 administrative judge of the state of New 7 York. As such, he has the hardest job of any 8 judge in the court system. Up to not too long 9 ago, when someone wasn't a judge, you could 10 become chief administrator of the courts. 11 Technically, under the law, you could do that 12 still today. The court system, and I think 13 rightly, found out not too long ago that 14 trying to have a non-judge serving as the 15 chief administrator of the state's judicial 16 system severely hobbles the ability of that 17 person to do his or her work. 18 Governor Pataki, I think in 19 anticipation that there would be an opening in 20 the chief administrative -- chief 21 administrator's position, very wisely moved 22 the nomination of the then deputy chief 23 administrator of the courts, Jon Lippman, to 24 become a judge of the Court of Claims and 25 subsequently the deputy chief administrative 1 judge and not surprisingly, of course, he 2 succeeded to the job of chief administrative 3 judge. 4 But a judge he is, and as the 5 chief administrative judge of the state of New 6 York, he's the one person every day who has to 7 walk the fine line by being a judge and yet 8 also part of the real politic system of how 9 this state is governed, who has to daily deal 10 with any one or more of the 211 legislators, 11 the agencies of state government, the 12 gubernatorial process, the people in the 13 Governor's office, and has to move the billion 14 dollar a year agency that the judiciary is 15 through its paces 365 days a year and, at the 16 same time, still adhere to the canons of 17 judicial ethics and everything that that 18 requires to be a judge. 19 If anybody thinks that that's 20 an easy job and one that can be done without 21 having to spend a good part of the day 22 wondering where that line is between being an 23 administrator and a judge, and how far you can 24 operate into the political system and at the 25 same time still be a judge, try to follow 1 Judge Lippman on his daily rounds and see how 2 he does the job, and the answer you'll get 3 from me as probably the member of the 4 Legislature that he has to deal with him the 5 most, is that he does the job spectacularly. 6 He is totally honest. He is totally 7 available. He is accessible not only to 8 myself but to any member of this Legislature 9 at any time. 10 He has taken a job that, in the 11 past, has been considered a bureaucratic 12 nightmare and turned it into a philosophically 13 based operation where the judiciary as a whole 14 under his guidance together with the guidance 15 of the chief judge of the state, the chief 16 judge of the Court of Appeals, Judith Kaye, 17 are firmly in front of a leadership moving the 18 judicial system. Whether you agree or not on 19 how that system is being moved, no one can 20 disagree that they have taken a very 21 affirmative hold on the leadership of the 22 judicial system, and they're carrying out in 23 the best interests of that system a change to 24 move us into the next century, and in that 25 vein, particularly the chief administrative 1 judge, Jon Lippman, has done an excellent 2 job. 3 There is no doubt that this 4 state's judicial system would be in a far 5 worse position were it not for his two and a 6 half years of leadership as the chief 7 administrative judge and although we are today 8 merely concerned with his renomination as a 9 judge of the Court of Claims, it is that 10 basis, that basis to be called Judge Jonathan 11 Lippman, and, therefore, the chief 12 administrative judge, that is before this body 13 and I very proudly for one stand up, one, to 14 congratulate him on his renomination but, two, 15 on behalf of this body, the Senate of the 16 state, to thank him for everything that he has 17 done for the entire population of the state 18 and for his friendship and for his cooperation 19 to myself and particularly to the members of 20 this body. 21 So, Jon, congratulations to you 22 today for your renomination and, again, thanks 23 for everything that you've done for all of 24 us. 25 Thank you, Mr. President. 1 (Applause) 2 ACTING PRESIDENT BALBONI: 3 Thank you. 4 Thank you, Senator Lack. 5 The chair recognizes Senator 6 Stafford. 7 SENATOR STAFFORD: Thank you, 8 Mr. President. 9 All of these are fine, fine 10 appointments, Mr. President, to the judiciary, 11 and the difference in the judiciary, we have 12 to be provincial here in this body and I have 13 to point out that Judge Ruderman has ties to 14 upstate New York and that I'd be less than 15 doing my job if I didn't say that, but 16 together all of these appointments are just 17 fine, and I have to say this about Judge 18 Lippman. I wanted to point this out. I've 19 been around a while, and whether you're a 20 judge or whatever you do, Judge Lippman has 21 some attributes that are in a very difficult 22 job, and as was pointed out here earlier, and 23 I think it really bodes well for the entire 24 state. 25 He listens. He does his best 1 to be fair and even if he has to say so, which 2 unfortunately we all have to do, but in his 3 position I'm sure he'd enjoy most of the time 4 -- most of the time would enjoy saying yes 5 more, but maybe that isn't the case either, 6 but what I'm trying to say, if you don't agree 7 with Judge Lippman, if you drove by his home 8 in the middle of the night, you wouldn't 9 hesitate to knock on the door and say, "I ran 10 out of gas, and would you give me -- share 11 with me, please, some fuel." What I mean is 12 that is the type of individual he is. He does 13 it so well and, again, together with all of 14 the appointments, this is a fine day for us 15 here in the state of New York. 16 Thank you. 17 ACTING PRESIDENT BALBONI: 18 Thank you, Senator Stafford. 19 Senator Rath. 20 SENATOR RATH: Mr. President, 21 it gives me a great deal of pleasure to rise 22 and congratulate Judge Lippman on his 23 reappointment and to speak on behalf of some 24 folks who aren't here, but some folks I know 25 very well, the Association of Supreme Court 1 Justices who, with your direction, Judge 2 Lippman, have managed to yet again function 3 for another year and looking to you for 4 leadership, you are there with them at every 5 step of the road. They know that; they 6 appreciate that and, as Senator Lack so 7 clearly pointed out, there are differences of 8 opinion, but that does not mean that in a 9 system such as ours that the differences 10 cannot be aired, cannot be reviewed and found 11 the best consensus to move forward. 12 We have a great and wonderful 13 tradition in this country of three sections of 14 government, and I think that having the 15 greatest respect for the judiciary as they 16 respect the Legislature and we all respect the 17 execute, that tradition, I think, stands 18 strong, and I know that Judge Lippman will be 19 there to safeguard that tradition. 20 Good luck, Judge. 21 ACTING PRESIDENT BALBONI: 22 Senator Leichter. 23 SENATOR LEICHTER: Yes. Mr. 24 President, I too want to take this opportunity 25 to acknowledge the superb work that Judge 1 Lippman has done as the chief administrative 2 judge of the state of New York. It's an 3 extremely difficult position and only because 4 of the myriads of courts we have, and the 5 large judicial establishment that we have, but 6 also because you're dealing with judges who 7 are elected, some are appointed. It requires 8 a great deal of delicacy in dealing with them, 9 and Judge Lippman has shown that tact at the 10 same time that he has moved the system 11 forward. He's made it more efficient, 12 coordinated the functions of the judiciary. 13 Senator Lack mentioned today 14 the Judiciary Committee, and it ought to be 15 said that that same diplomacy, that same tact 16 and that same ability working with people has 17 also characterized Judge Lippman's 18 relationship with the Legislature, and I think 19 it never mattered to him whether you're 20 Majority, Minority, how long you've been in 21 the Legislature. He treats every legislator 22 very fairly. He's accessible; he's 23 available. He responds. He really is an 24 important part of making this judicial system 25 work, and I think that under Chief Judge Kaye 1 and with Judge Lippman, I think we have seen a 2 judicial system that much better responds to 3 enormous demands and great needs that are 4 placed on it. 5 We're fortunate to have a 6 judicial system that has so many fine judges. 7 I see one of them sitting right in our midst 8 here, Judge Mega, but to bring it and have it 9 function as a whole requires exceptional skill 10 and that is what Judge Lippman has brought to 11 this position. So I'm delighted to join with 12 my friends here in confirming Judge Lippman 13 and wishing him success as a Court of Claims 14 judge who will continue to administer the 15 courts of the state of New York. 16 ACTING PRESIDENT BALBONI: 17 Thank you, Senator Leichter. 18 Senator Velella. 19 SENATOR VELELLA: Mr. 20 President, now that he's leaving, I finally 21 find something that I agree with Senator 22 Leichter on -- incredible, Franz. 23 But let me say that certainly 24 Judge Lippman has been an effective 25 administrator and a good judge. One who's a 1 good and effective an administrator sets a 2 good for example, and I don't know how many 3 people that are here can say they are the 4 first one in every morning in their office 5 before any of the staff, and that's the way 6 Judge Lippman does the administration of our 7 court system. I think he has done an 8 outstanding job. I have not always agreed 9 with him on everything he does, but he's got a 10 reason, sometimes wrong, for what he does. 11 Let me say that I look forward 12 to working together with him for a long time 13 to come, and congratulate him on his 14 appointment. 15 ACTING PRESIDENT BALBONI: 16 Thank you, Senator Velella. 17 Senator Dollinger. 18 SENATOR DOLLINGER: Thank you, 19 Mr. President. 20 I'm always fascinated when I go 21 out to my community and I meet with the state 22 Supreme Court Judges and they talk about 23 specific issues, and then the door closes and 24 they all whisper quietly, Boy, OCA, they're 25 the problem. Then I go to the lawyers, and we 1 have a meeting with the bar association, and 2 someone whispers behind the door, Boy, it's 3 all OCA's fault. And then I go to the court 4 reporters, and they all say, Boy, it's always 5 a problem with OCA. 6 What they all uniformly also 7 agree on is that Jon Lippman has done a 8 fabulous job, and my recommendation to you, 9 Judge, is figure out another name for that 10 thing they call OCA, change the name. It will 11 be four or five years before everybody knows 12 what to call it, but the bottom line is, you 13 have been an agent of change. You have taken 14 a system that for 150 years was resilient to 15 change, composed of judges and lawyers, people 16 who liked the way they practiced, don't like 17 to be held accountable to the people of this 18 state or to this Legislature. You have been 19 at the forefront of creating that 20 accountability and creating a system that 21 serves the needs of the people of our state. 22 I applaud your work; I applaud 23 the work of the chief judge. You're on the 24 right path. Although you may get a lot of 25 blame and you may hear those disgruntled 1 voices from time to time, don't lose your 2 steam. Keep it up, you're doing the right 3 thing, and I enthusiastically vote in favor of 4 this nomination as a continuation down the 5 path of making our courts courts that serve 6 the people's interest. 7 ACTING PRESIDENT BALBONI: 8 Thank you, Senator Dollinger. 9 The chair recognizes Senator 10 Roy Goodman. 11 SENATOR GOODMAN: Mr. 12 President, it's a pleasure and a privilege to 13 rise as a non-member of the legal profession 14 to comment upon the extraordinary capacity of 15 Judge Lippman. 16 It's one thing to be a judge 17 and a fine lawyer, but it's quite another to 18 be a capable administrator, and I must say it 19 is an exceptional rarity to find an individual 20 who is able to clearly demonstrate skills of 21 the highest order in both departments. 22 As the administrative judge, 23 this particular individual is charged with 24 immense and complicated administrative 25 responsibilities requiring the highest skill, 1 tact, diplomacy, energy, and sheer guts and, 2 if I may say so, having observed Judge Lippman 3 testify before the joint legislative 4 committees budgets, it's quite clear that his 5 Phi Beta Kappa key was well earned, because 6 his brain has obviously not deteriorated since 7 his college days. He is able to give you a 8 very complex discussion of any aspect of the 9 judicial budget which you question him about, 10 and I've observed this with great admiration 11 on several occasions over the years. 12 Mr. President, I am not -- he 13 is not directly my constituent, but I do have 14 a week end house in the country which is 15 probably about 3,000 yards from where Judge 16 Lippman lives and I, therefore, feel it ap 17 propriate to comment upon the fact that I hope 18 that he enjoys the recreational activities 19 afforded him by that neighborhood. I doubt 20 that he has much time for it, but look forward 21 to encountering him in the Pepsi-Cola World 22 Headquarters where sculpture and works of art 23 abound, and I hope that we'll have an 24 opportunity to see him, and I congratulate him 25 most warmly on this richly deserved 1 appointment. 2 ACTING PRESIDENT BALBONI: 3 Thank you, Senator Goodman. 4 Senator Oppenheimer. 5 SENATOR OPPENHEIMER: Well, I 6 don't have a summer house in the district, but 7 I'm very proud that you're -- you're living in 8 my district, and thank you for touting, 9 Senator Goodman, the wonderful recreation 10 opportunities -- recreational opportunities 11 available in my Senate District. 12 I also am not in the legal 13 profession, and you don't have to be in the 14 legal profession to know what has been 15 accomplished by Judge Lippman. He has not 16 only made an accessible court, an efficient 17 court, but one that has garnered a great deal 18 of praise from people both within the legal 19 community and outside of the legal community. 20 So much has been said about his 21 efficiency and his accessibility, and the 22 wonderful combination of legal talent and 23 organizational/managerial talent, but I would 24 like to just take a moment to talk about the 25 fact that this man and his family live in my 1 district. They are decent, warm, generous 2 people and have added greatly to the community 3 life, and I would like that to be noted on the 4 record too, and we are just very, very 5 fortunate that he is willing to really give so 6 much of himself to the legal system and to the 7 people of New York, and we thank you for that, 8 Judge. 9 ACTING PRESIDENT BALBONI: 10 Thank you, Senator Oppenheimer. 11 The question is on the 12 confirmation of Jonathan Lippman of Rye Brook 13 as judge of the Court of Claims. All in favor 14 signify by saying aye. 15 (Response of "Aye.") 16 Opposed nay. 17 (There was no response. ) 18 Jonathan Lippman is hereby 19 confirmed as judge of the Court of Claims, and 20 Jonathan Lippman is joined today by his wife 21 Amy and his mother-in-law, Renee Fiedler, and 22 let me allow one comment, if I may: You are a 23 terrific judge. May you continue a great 24 tenure, and the accolades have been 25 consistently wonderful. Good luck in your 1 tenure. 2 (Applause) 3 Secretary will read. 4 THE SECRETARY: As a judge of 5 the Court of Claims, Diane L. Fitzpatrick, of 6 Tully. 7 ACTING PRESIDENT BALBONI: 8 Senator Lack. 9 SENATOR LACK: Thank you, Mr. 10 President. 11 I rise to move the nomination 12 of Diane L. Fitzpatrick, of Tully, as a judge 13 of the Court of Claims. Her credentials have 14 been examined by the -- by the staff of the 15 committee. They have been found to be totally 16 in order. She appeared before the committee 17 this morning, was unanimously moved to the 18 floor, and I would be pleased to yield for 19 purposes of a seconding to Senator Ray Meier. 20 ACTING PRESIDENT BALBONI: 21 Senator Meier. 22 SENATOR MEIER: On behalf of 23 myself and also Senator Alesi, I'm honored to 24 rise and support the nomination of Diane 25 Fitzpatrick to the Court of Claims. But I 1 just want to note as an aside, as we look at 2 the calendar today, four of the distinguished 3 jurists whom we've confirmed are women, and I 4 need to tell a true story. 5 My wife and I have some friends 6 who live in Connecticut, husband and wife, 7 both lawyers, he a corporate lawyer, she a 8 local criminal court judge. They have a 9 four-year-old son named Charlie. One day I 10 said to Charlie, "Think you might want to be a 11 lawyer some day or even a judge, like your 12 mom?" And Charlie said, "Nah, I don't want to 13 be a judge." I said, "Why not?" He said, 14 "Because that's a girl's job." 15 Well, Charlie may be onto 16 something, and we in society are onto 17 something, because we're no longer going to 18 deprive ourselves of the brains and the 19 talents and the abilities on the bench or any 20 place else, of a majority of our population. 21 I've known Diane Fitzpatrick 22 for many years. Her husband, the district 23 attorney of Onondaga County, a distinguished 24 public servant in his own right, was my law 25 school roommate, and a friend of over 25 1 years, and so I have known Diane for some 2 time. I've also had the opportunity to know 3 her as a lawyer and to try cases with her and, 4 if you look at her law practice, one of the 5 impressive things is not just that she engages 6 broadly in the general practice of law, but 7 even after she attained some measure of 8 success in the practice, she continued to take 9 time to do things like serve as a law guardian 10 to protect the rights of small children, and 11 she found time for great community involvement 12 in charitable work and to serve as a local 13 elected official, and she also found time to 14 do one heck of a great job as the mother of 15 Daniel, Sara and Sean. 16 Judges find the law in law 17 books, but judges also find justice and equity 18 and compassion by having broad experience in 19 life and by welcoming broad daily contact with 20 people in every walk of life and, by that 21 measure, Diane, you will be a great judge. 22 Diane, Bill, Daniel, Sara and Sean, welcome to 23 the Senate and, Judge, Godspeed with your 24 important duties. 25 (Applause) 1 ACTING PRESIDENT BALBONI: The 2 question is on the confirmation of Diane L. 3 Fitzpatrick, of Tully, as judge of the Court 4 of Claims. All in favor signify by saying 5 aye. 6 (Response of "Aye.") 7 Opposed nay. 8 (There was no response. ) 9 Diane L. Fitzpatrick is hereby 10 confirmed as judge of the Court of Claims. 11 Congratulations, and joining the judge in the 12 chamber today are her husband, William and 13 children Daniel, Sara and Sean. 14 Congratulations, your Honor. 15 (Applause). 16 The Secretary will read. 17 THE SECRETARY: As a judge of 18 the Court of Claims, Susan Phillips Read, of 19 West Sand Lake. 20 ACTING PRESIDENT BALBONI: 21 Senator Lack. 22 SENATOR LACK: Thank you, Mr. 23 President. 24 I rise to move the nomination 25 of Susan Phillips Read as a judge of the Court 1 of Claims. Ms. Read's credentials have been 2 examined by the committee. She appeared 3 before the committee this morning and was 4 unanimously moved to the floor. 5 It's -- I have a couple 6 comments of my own. It's a great pleasure to 7 welcome into the Court of Claims somebody with 8 the experience of Susan Read. She, of course, 9 went to Ohio Wesleyan University where, since 10 she's sitting next to Judge Lippman, they can 11 trade their Phi Beta Kappa keys with each 12 other. She then went to one of the most 13 distinguished law schools in the country, 14 University of Chicago Law School where, of 15 course, she graduated and was admitted into 16 New York. 17 What I am particularly pleased 18 about is that she brings to the bench a great 19 knowledge of our system, having just completed 20 several years as Deputy Counsel to the 21 Governor. 22 I would like to make it a 23 requirement -- unfortunately, I can't -- that 24 before assuming the bench that judges have a 25 knowledge of the process of how the executive 1 and the legislative bodies of this state 2 actually work. Since we can't, I'd like to 3 congratulate the Governor for taking somebody 4 from his own staff who certainly has that 5 knowledge and putting her on the bench. 6 I certainly wish her good stead 7 in her career as a judge, and advancement in 8 that career. Perhaps if we can do some of the 9 restructuring proposals that are before this 10 house and the Assembly, she will certainly 11 have that chance to do so in the future, to 12 reflect upon her experience of the executive 13 and her knowledge of the legislative process 14 as a member of the judiciary. 15 But I again congratulate her 16 and certainly the Governor for this 17 appointment because I do consider it to be a 18 very good idea that our process include people 19 entirely familiar with how every division of 20 this government works and for purposes of 21 second, I would be happy to yield to Senator 22 Breslin. 23 ACTING PRESIDENT BALBONI: 24 Senator Breslin. 25 SENATOR BRESLIN: Thank you, 1 Senator Lack. Thank you, Mr. President. 2 I rise to second the nomination 3 of Susan Read, who has been a long time friend 4 of over 20 years, who after her University of 5 Chicago Law School days became the most 6 prominent litigator and environmental lawyer 7 for General Electric and subsequent to that, 8 became a key player for Bond, Schoeneck & 9 King, one of our most respected law firms in 10 the state of New York, and the Governor chose 11 her to be his deputy counsel. 12 Susan Read was chosen because 13 she is bright; she's honest, capable, with no 14 hidden agenda, and she will bring that wealth 15 of experience and knowledge to the Court of 16 Claims, and she will bring a dimension, an a 17 political dimension, and the Governor should 18 be complimented for his choice, and I wish 19 Susan Read and her very distinguished husband 20 and fellow lawyer, all the success in the 21 world. 22 Congratulations. 23 ACTING PRESIDENT BALBONI: 24 Thank you, Senator Breslin. 25 The question is on the 1 confirmation of Susan Phillips Read, of West 2 Sand Lake as judge of the Court of Claims. 3 All in favor signify by saying aye. 4 (Response of "Aye.") 5 Opposed nay. 6 (There was no response. ) 7 Susan Phillips Read is hereby 8 confirmed as judge of the Court of Claims. 9 Congratulations, your Honor, 10 and joining Judge Read in the chamber today is 11 her husband, Howard, mother Elizabeth 12 Phillips, sisters Ann Polichene and Mary 13 Phillips, and niece Beth Rabatin. 14 Congratulations, your Honor. 15 (Applause) 16 Reports of select committees. 17 Communications and reports from 18 state officers. 19 Motions and resolutions. 20 The chair recognizes Senator 21 Marcellino. 22 SENATOR MARCELLINO: Yes, Mr. 23 President. On behalf of Senator Velella, I 24 wish to call up his bill, Print Number 6255-A, 25 recalled from the Assembly which is now at the 1 desk. 2 ACTING PRESIDENT BALBONI: 3 Secretary will read. 4 THE SECRETARY: By Senator 5 Velella, Senate Print 6255-A, an act to amend 6 the Insurance Law. 7 SENATOR MARCELLINO: Mr. 8 President, I now move to reconsider the vote 9 by which this bill was passed. 10 ACTING PRESIDENT BALBONI: 11 Secretary will call the roll. 12 (The Secretary called the roll 13 on reconsideration. ) 14 THE SECRETARY: Ayes 55. 15 SENATOR MARCELLINO: Mr. 16 President, I now offer the following 17 amendments. 18 ACTING PRESIDENT BALBONI: 19 Amendments are received. 20 SENATOR MARCELLINO: Mr. 21 President, on behalf of Senator Meier, on page 22 number 12, I offer the following amendments to 23 Calendar Number 115, Senate Print Number 24 2497-A, and ask that said bill retain its 25 place on the Third Reading Calendar. 1 ACTING PRESIDENT BALBONI: 2 Amendments received and so ordered that those 3 bills will retain their place on the Third 4 Reading Calendar. 5 Senator Skelos. 6 SENATOR SKELOS: Mr. President, 7 I believe there are two privileged resolutions 8 at the desk that I have sponsored. May we 9 please have the titles read and move for their 10 immediate adoption. 11 ACTING PRESIDENT BALBONI: 12 Secretary will read. 13 THE SECRETARY: By Senator 14 Skelos, commending the Stecher and Horowitz 15 School of the Arts upon the occasion of 16 honoring Miriam and Seymour B. Jeffries, Sonja 17 and Alvin I. Kahn and Bernyce and Herbert R. 18 Winick, for their dedicated service and 19 participation in the development of the 20 school. 21 ACTING PRESIDENT BALBONI: 22 Senator Skelos. 23 SENATOR SKELOS: Move the 24 resolution. 25 ACTING PRESIDENT BALBONI: The 1 question is on the resolution. All those in 2 favor signify by saying aye. 3 (Response of "Aye.") 4 Opposed nay. 5 (There was no response. ) 6 The resolution is adopted. 7 The Secretary will read. 8 THE SECRETARY: By Senator 9 Skelos, Legislative Resolution commemorating 10 the 75th Anniversary of Temple Beth El, Cedar 11 hurst, New York, and honoring outgoing 12 president, Allan Kroningold. 13 SENATOR SKELOS: Move the 14 resolution. 15 ACTING PRESIDENT BALBONI: The 16 question is on the resolution. All those in 17 favor signify by saying aye. 18 (Response of "Aye.") 19 Opposed nay. 20 (There was no response. ) 21 The resolution is adopted. 22 Secretary will read 23 substitutions. 24 THE SECRETARY: On page 4, 25 Senator LaValle moves to discharge from the 1 Committee on Local Government Assembly Bill 2 6005-B and substitute it for the identical 3 Senate bill, 3314-A. 4 On page 8, Senator Johnson 5 moves to discharge from the Committee on 6 Finance assembly Bill 2587 and substitute it 7 for the identical Senate bill 1765. 8 On page 9, Senator Stafford 9 moves to discharge from the Committee on 10 Finance Assembly Bill 9999-A and substitute it 11 for the identical Senate Bill 6565-A. 12 On page 9, Senator Spano moves 13 to discharge from the Committee on Finance 14 Assembly Bill 10031 and substitute it for the 15 identical Senate Bill 6671. 16 On page 23, Senator Spano moves 17 to discharge from the Committee on Labor 18 Assembly Bill 925 and substitute it for the 19 identical Senate Bill 6261. 20 On page 27, Senator Balboni 21 moves to discharge from the Committee on Water 22 Resources Assembly Bill 9663 and substitute it 23 for the identical Senate Bill 6706. 24 On page 33, Senator Trunzo 25 moves to discharge from the Committee on 1 Finance Assembly Bill 10283 and substitute it 2 for the identical Senate Bill 6853. 3 ACTING PRESIDENT BALBONI: 4 Substitutions so ordered. 5 SENATOR SKELOS: Mr. 6 President. 7 ACTING PRESIDENT BALBONI: 8 Senator Skelos. 9 SENATOR SKELOS: Would you 10 please call a meeting of the Housing 11 Construction and Community Development 12 Committee in the Majority Conference Room. 13 ACTING PRESIDENT BALBONI: 14 There will be an immediate meeting of the 15 Housing Construction and -- and some other 16 part of it -- I forget -- what is it? - 17 Community Resources, sorry about that, Senator 18 Leibell, in the Majority Conference Room. 19 Please, all members proceed to that room now. 20 Senator Skelos. 21 SENATOR SKELOS: Mr. President, 22 as we move to the calendar, would you first 23 call up first 658, Senate 6853. 24 ACTING PRESIDENT BALBONI: 25 Secretary will read. 1 THE SECRETARY: Calendar Number 2 658, substituted earlier today, by member of 3 the Assembly Vitaliano, Assembly Bill 10283, 4 an act to amend the Executive Law and the 5 State Finance Law. 6 ACTING PRESIDENT BALBONI: Read 7 the last section. 8 THE SECRETARY: Section 2. 9 This act shall take effect immediately. 10 ACTING PRESIDENT BALBONI: Call 11 the roll. 12 (The Secretary called the 13 roll. ) 14 THE SECRETARY: Ayes 55. 15 ACTING PRESIDENT BALBONI: The 16 bill is passed. 17 SENATOR SKELOS: Mr. President, 18 if we could now move to the non-controversial 19 calendar. 20 ACTING PRESIDENT BALBONI: 21 Secretary will read. 22 THE SECRETARY: Calendar Number 23 181, by Senator Rath, Senate Print 5470, an 24 act authorizing the SUNY college of 25 Environmental Science and Forestry at Syracuse 1 University. 2 ACTING PRESIDENT BALBONI: Read 3 the last section. 4 THE SECRETARY: Section 3. 5 This act shall take effect immediately. 6 ACTING PRESIDENT BALBONI: Call 7 the roll. 8 (The Secretary called the 9 roll. ) 10 THE SECRETARY: Ayes 55. 11 ACTING PRESIDENT BALBONI: The 12 bill is passed. 13 THE SECRETARY: Calendar Number 14 406, by Senator Hannon, Senate Print 6150, an 15 act to amend the New York Health Care Reform 16 Act of 1996. 17 ACTING PRESIDENT BALBONI: Read 18 the last section. 19 THE SECRETARY: Section 2. 20 This act shall take effect immediately. 21 ACTING PRESIDENT BALBONI: Call 22 the roll. 23 (The Secretary called the 24 roll. ) 25 THE SECRETARY: Ayes 55. 1 ACTING PRESIDENT BALBONI: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 518, by Senator Spano, Senate Print 6412-A, an 5 act to amend the Retirement and Social 6 Security Law. 7 ACTING PRESIDENT BALBONI: Read 8 the last section. 9 THE SECRETARY: Section 2. 10 This act shall take effect immediately. 11 ACTING PRESIDENT BALBONI: Call 12 the roll. 13 (The Secretary called the 14 roll. ) 15 THE SECRETARY: Ayes 55. 16 ACTING PRESIDENT BALBONI: The 17 bill is passed. 18 THE SECRETARY: Calendar Number 19 539, by Senator Holland, Senate Print 647, an 20 act to amend the General Municipal Law, in 21 relation to indexing. 22 ACTING PRESIDENT BALBONI: Read 23 the last section. 24 SENATOR PATERSON: Lay aside, 25 please. 1 ACTING PRESIDENT BALBONI: Lay 2 that bill aside. 3 THE SECRETARY: Calendar Number 4 543, by Senator LaValle, Senate Print 1378, an 5 act to amend the General Municipal Law, in 6 relation to creating the town of Southampton. 7 ACTING PRESIDENT BALBONI: Read 8 the last section. Home rule message is at the 9 desk. Read the last section. 10 THE SECRETARY: Section 2. 11 This act shall take effect immediately. 12 ACTING PRESIDENT BALBONI: Call 13 the roll. 14 (The Secretary called the 15 roll. ) 16 THE SECRETARY: Ayes 55. 17 ACTING PRESIDENT BALBONI: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 544, by Senator Leibell, Senate Print 1767, an 21 act to amend the Real Property Tax Law, in 22 relation to allowing municipalities to extend 23 the redemption period. 24 ACTING PRESIDENT BALBONI: Read 25 the last section. 1 THE SECRETARY: Section 2. 2 This act shall take effect immediately. 3 ACTING PRESIDENT BALBONI: Call 4 the roll. 5 (The Secretary called the 6 roll. ) 7 THE SECRETARY: Ayes 55. 8 ACTING PRESIDENT BALBONI: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 547, by Senator Lack, Senate Print 2378, an 12 act to amend the County Law, in relation to 13 permitting district attorneys. 14 ACTING PRESIDENT BALBONI: Read 15 the last section. 16 THE SECRETARY: Section 2. 17 This act shall take effect on the 30th day. 18 ACTING PRESIDENT BALBONI: Call 19 the roll. 20 (The Secretary called the 21 roll. ) 22 THE SECRETARY: Ayes 55. 23 ACTING PRESIDENT BALBONI: The 24 bill is passed. 25 THE SECRETARY: Calendar Number 1 581, by Senator Goodman, Senate Print 4056-A, 2 an act to amend the Tax Law, in relation to 3 providing. 4 ACTING PRESIDENT BALBONI: Read 5 the last section. 6 THE SECRETARY: Section 2. 7 This act shall take effect immediately. 8 ACTING PRESIDENT BALBONI: Call 9 the roll. 10 (The Secretary called the 11 roll. ) 12 THE SECRETARY: Ayes 55. 13 ACTING PRESIDENT BALBONI: The 14 bill is passed. 15 THE SECRETARY: Calendar Number 16 582, by Senator Goodman, Senate Print 4081-A, 17 an act to amend the Tax Law, in relation to 18 authorizing. 19 ACTING PRESIDENT BALBONI: Read 20 the last section. 21 THE SECRETARY: Section 2. 22 This act shall take effect immediately. 23 ACTING PRESIDENT BALBONI: Call 24 the roll. 25 (The Secretary called the 1 roll. ) 2 THE SECRETARY: Ayes 55. 3 ACTING PRESIDENT BALBONI: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 599, by Senator Nozzolio, Senate Print 5183, 7 an act to amend the Executive Law. 8 ACTING PRESIDENT BALBONI: Read 9 the last section. 10 THE SECRETARY: Section 2. 11 This act shall take effect immediately. 12 ACTING PRESIDENT BALBONI: Call 13 the roll. 14 (The Secretary called the 15 roll. ) 16 THE SECRETARY: Ayes 55. 17 ACTING PRESIDENT BALBONI: The 18 bill is passed. 19 THE SECRETARY: Calendar Number 20 600, by Senator Nozzolio, Senate Print 6606, 21 an act to amend the Executive Law. 22 ACTING PRESIDENT BALBONI: Read 23 the last section. 24 THE SECRETARY: Section 3. 25 This act shall take effect immediately. 1 ACTING PRESIDENT BALBONI: Call 2 the roll. 3 (The Secretary called the 4 roll. ) 5 THE SECRETARY: Ayes 55. 6 ACTING PRESIDENT BALBONI: The 7 bill is passed. 8 Senator Skelos. 9 SENATOR SKELOS: Mr. President, 10 I believe there is just one calendar -- one 11 bill on the non -- on the controversial 12 calendar, Calendar 539, by Senator Joe 13 Holland. 14 ACTING PRESIDENT BALBONI: 15 Secretary will read. 16 THE SECRETARY: Calendar Number 17 539, by Senator Holland, Senate Print 647, an 18 act to amend the General Municipal Law. 19 SENATOR PATERSON: 20 Explanation. 21 ACTING PRESIDENT BALBONI: 22 Senator Holland, an explanation has been asked 23 for. 24 SENATOR HOLLAND: Of course, it 25 will be short. 1 This -- you question this bill 2 every year. I really can't understand it, 3 since it should save money for all taxpayers 4 in the municipalities, and the municipalities, 5 Senator, and you know what it does. 6 It changes the rate of interest 7 paid by municipalities upon judgments or 8 claims against the municipality from a 9 discretionary amount not to exceed 9 percent, 10 to the prime rate, but with a cap at 9 percent 11 to prevent the rate from becoming excessive 12 for municipalities and local taxpayers. 13 ACTING PRESIDENT BALBONI: 14 Senator Paterson. 15 SENATOR PATERSON: Would 16 Senator Holland yield for a couple questions? 17 SENATOR HOLLAND: Yes, sir. 18 SENATOR PATERSON: That's 19 encouraging, Senator. 20 Senator, are you aware of a 21 Court of Appeals decision December 17th of 22 1997 in the case of Rodriguez versus New York 23 City Housing Authority, where the Court of 24 Appeals ruled that the 9 percent is a maximum, 25 not a mandate? 1 SENATOR HOLLAND: Yes. 2 SENATOR PATERSON: And that - 3 you are aware of that? 4 SENATOR HOLLAND: Yes, sir, I 5 am, but the problem is the judges always give 6 9 percent. They do not, as they are able to 7 do within the context of this law, make it 8 8 or 7 or 6, or whatever they want to make it, 9 so we're trying to limit the amount of money 10 that it costs. 11 SENATOR PATERSON: Well, thank 12 you, Mr. President. 13 Senator Holland, the reason I 14 brought that case up is because in that case, 15 the defendant proposed 3.5 percent as the 16 interest rate, and the court, as it usually 17 does, prescribed 9 percent and the Appellate 18 Division unheld, but the Court of Appeals 19 reversed and it actually said that a lower 20 rate could actually be used if the lower rate 21 that was proposed was actually reasonable. So 22 my question is, isn't what you're trying to 23 accomplish actually something that already 24 would exist now based on the dicta in the 25 Court of Appeals decision? 1 SENATOR HOLLAND: Yes, it is, 2 Senator, but we're trying to put it in law 3 because what happens is exactly what I've 4 explained to you before, the judges always or 5 usually set the rate at 9 percent. They do 6 not set it lower than 9 percent and we're 7 trying to put that into law. 8 SENATOR PATERSON: O.K. I 9 understand, Senator. If the Senator would 10 yield to another question? 11 SENATOR HOLLAND: Yes, sir. 12 SENATOR PATERSON: Senator, do 13 you -- why have you created a situation where 14 you put a cap on the elevated interest rate 15 but you don't have a floor? You have a ceiling 16 but you have no floor, so in other words if 17 the prime rate went down to 4 percent or 18 something like that, and that became the 19 interest rate that would really discourage 20 defendants from even responding. In other 21 words, this would be the classic way of 22 avoiding any kind of outside settlement, and 23 so, in other words the problem I have with the 24 legislation is that it's not really 25 even-handed. 1 SENATOR HOLLAND: Senator, I 2 think it is even-handed. I think it's a 3 reasonable thing to do, and that's why I've 4 limited it to 9 percent. 5 SENATOR PATERSON: O.K., 6 Senator, one final question. What if the 7 prime rate went up to something like 14 8 percent? The prime rate has gone up before. 9 Now, you're going to have a prime rate which 10 is so much higher than the interest rate. 11 SENATOR HOLLAND: That's a cap, 12 that's a cap at 9 percent. 13 SENATOR PATERSON: No, but I'm 14 saying the interest rate on the money itself 15 would enure to the benefit of the defendant 16 because the defendant is sitting there making 17 money at a 14 percent rate and paying it back 18 at a 9 percent rate. It would actually be an 19 incentive not to pay it back. In other words, 20 if the -- the general average of the amount of 21 money that someone can make just by holding 22 their money goes up high enough, your interest 23 rate is now too low, and what I'm saying is 24 we'd have to come back here and do something 25 because now it would actually reward 1 defendants for not paying back their 2 judgment. 3 SENATOR HOLLAND: Well, that's 4 true, Senator. I agree with you on that one, 5 but you know - 6 SENATOR PATERSON: I'll stop 7 right there. 8 SENATOR HOLLAND: No, no. You 9 know as well as I do that it was set at 3 10 percent before, and it's been raised to 9 and 11 I'm sure that we could adjust it if necessary 12 later on. 13 SENATOR PATERSON: O.K. Then 14 Mr. President, on the bill. 15 I just don't think we need to 16 keep coming back here and readjusting it. I 17 think actually some legislation proposed by 18 Senator Volker, Senate 3730, where he's 19 talking about a more flexible rate kind of, 20 the way the Tax Commission uses for taxpayers, 21 something that's a little more flexible or 22 responsive might be actually the answer; but I 23 understand the concern that Senator Holland is 24 -- I understand the concern that Senator 25 Holland has raised, but I just don't think 1 that this is the way to solve it, and it's 2 really not even-handed because it sets a 3 ceiling but no floor. 4 ACTING PRESIDENT BALBONI: 5 Thank you, Senator Paterson. 6 Read the last section. 7 THE SECRETARY: Section 2. 8 This act shall take effect on November 1st. 9 ACTING PRESIDENT BALBONI: Call 10 the roll. 11 (The Secretary called the 12 roll. ) 13 THE SECRETARY: Those recorded 14 in the negative on Calendar Number 539 are 15 Senators Connor, Dollinger, Gentile, Leichter, 16 Paterson and Sampson. Ayes 49, nays 6. 17 ACTING PRESIDENT BALBONI: The 18 bill is passed. 19 Senator Paterson. 20 SENATOR PATERSON: Mr. 21 President, may we leave the roll open for just 22 a couple minutes. We have a couple members 23 that may want to vote no but are in committee 24 right now? 25 ACTING PRESIDENT BALBONI: 1 Senator Skelos. 2 SENATOR SKELOS: Is there any 3 housekeeping at the desk? 4 ACTING PRESIDENT BALBONI: I do 5 not believe so, Senator. 6 SENATOR SKELOS: You can leave 7 the roll open pending completion of the 8 Housing Committee, because there are some 9 members in there that wish to come in and 10 vote. 11 ACTING PRESIDENT BALBONI: We 12 will keep the rolls open, Senator. 13 SENATOR PATERSON: Thank you. 14 ACTING PRESIDENT BALBONI: 15 Roll; we will only keep one roll open. 16 SENATOR SKELOS: Recognize 17 Senator Montgomery and then Senator Seabrook 18 for the purposes of voting. 19 ACTING PRESIDENT BALBONI: 20 Senator Montgomery. 21 SENATOR MONTGOMERY: Yes, Mr. 22 President, I'd like to be recorded in the 23 negative on Calendar Number 539. 24 ACTING PRESIDENT BALBONI: 25 Without objection. 1 Senator Seabrook. 2 SENATOR SEABROOK: Yes, Mr. 3 President. I'd like to be recorded in the 4 negative on roll -- Calendar 539. 5 ACTING PRESIDENT BALBONI: 6 Without objection, that will be done. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 there being no further business, I move that 10 we adjourn until Monday, May 4th at 3:00 11 p.m., intervening days being legislative 12 days. 13 ACTING PRESIDENT BALBONI: The 14 house stands adjourned until Monday, May 4th, 15 at 3:00 p.m., the intervening days being 16 legislative days. 17 (Whereupon at 2:18 p.m., the 18 Senate adjourned. ) 19 20 21 22 23 24 25