Tuesday, April 25, 2006

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 25, 2006 11 11:15 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR MARY O. DONOHUE, President 19 STEVEN M. BOGGESS, Secretary 20 21 22 23 24 25

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(518) 371-8910 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 please come to order. 4 I ask everyone present to please 5 rise and repeat with me the Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: With us this 10 morning to give the invocation is Reverend 11 Scott Ingvaldsen, pastor of Grace Church in 12 Smithtown, New York. 13 REVEREND INGVALDSEN: Let's pray. 14 Our Father, we come before You 15 today knowing that, Lord, we do have a great 16 need of You. We ask, Lord, that You would 17 grant wisdom and insight to these people as 18 they vote on very important matters. We thank 19 You for them, and we thank You for their 20 service, and we pray that You would just guide 21 them in everything they do. 22 Give them, God, the wisdom, give 23 them the insight, give them the humility and 24 everything they need that they might guide our 25 great state. And I thank You for them. And I

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(518) 371-8910 1 ask You to bless them and their families. 2 And, God, may the decisions that are made here 3 be for the betterment of this state. 4 And we just pray for these things 5 in Jesus' name. Amen. 6 THE PRESIDENT: Reading of the 7 Journal. 8 THE SECRETARY: In Senate, 9 Monday, April 24, the Senate met pursuant to 10 adjournment. The Journal of Sunday, April 23, 11 was read and approved. On motion, Senate 12 adjourned. 13 THE PRESIDENT: Without 14 objection, the Journal stands approved as 15 read. 16 Presentation of petitions. 17 Messages from the Assembly. 18 Messages from the Governor. 19 Reports of standing committees. 20 Reports of select committees. 21 Communications and reports from 22 state officers. 23 Motions and resolutions. 24 Senator Fuschillo. 25 SENATOR FUSCHILLO: Thank you,

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(518) 371-8910 1 Madam President. 2 On behalf of Senator Padavan, on 3 page number 30 I offer the following 4 amendments to Calendar Number 557, Senate 5 Print Number 4970, and ask that said bill 6 retain its place on Third Reading Calendar. 7 THE PRESIDENT: The amendments 8 are received, and the bill will retain its 9 place on the Third Reading Calendar. 10 SENATOR FUSCHILLO: Madam 11 President, on behalf of Senator DeFrancisco, I 12 wish to call up Senate Print Number 6905A, 13 recalled from the Assembly, which is now at 14 the desk. 15 THE PRESIDENT: The Secretary 16 will read. 17 THE SECRETARY: Calendar Number 18 547, by Senator DeFrancisco, Senate Print 19 6905A, an act to authorize. 20 SENATOR FUSCHILLO: I now move to 21 reconsider the vote by which the bill was 22 passed. 23 THE PRESIDENT: The Secretary 24 will call the roll upon reconsideration. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 40. 2 SENATOR FUSCHILLO: I now offer 3 the following amendments. 4 THE PRESIDENT: The amendments 5 are received. 6 Senator Skelos. 7 SENATOR SKELOS: Madam President, 8 if we could adopt the Resolution Calendar, 9 with the exception of Resolutions 4709, 4733, 10 4772 and 4754. 11 THE PRESIDENT: All those in 12 favor of so adopting the Resolution Calendar 13 please signify by saying aye. 14 (Response of "Aye.") 15 THE PRESIDENT: Opposed, nay. 16 (No response.) 17 THE PRESIDENT: The calendar is 18 so adopted. 19 Senator Skelos. 20 SENATOR SKELOS: Madam President, 21 if we could take up Resolution 4709, by 22 Senator Golden, have the title read and move 23 for its immediate adoption. And Senator 24 Golden would like to open it up for 25 sponsorship.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will read. 3 THE SECRETARY: By Senator 4 Golden, Legislative Resolution Number 4709, 5 memorializing Governor George E. Pataki to 6 proclaim May 2006 as Autism Awareness Month in 7 the State of New York. 8 THE PRESIDENT: On the 9 resolution, all those in favor please signify 10 by saying aye. 11 (Response of "Aye.") 12 THE PRESIDENT: Opposed, nay. 13 (No response.) 14 THE PRESIDENT: The resolution is 15 adopted. 16 Any member who does not wish to 17 cosponsor the last resolution please notify 18 the desk. 19 Senator Skelos. 20 SENATOR SKELOS: Madam President, 21 if we could take up Resolution 4733, by 22 Senator Maltese, have the title read, move for 23 its immediate adoption, and also open it up 24 for cosponsorship. 25 THE PRESIDENT: The Secretary

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(518) 371-8910 1 will read. 2 THE SECRETARY: By Senator 3 Maltese, Legislative Resolution Number 4733, 4 memorializing Governor George E. Pataki to 5 proclaim Tuesday, May 9, 2006, as Teacher Day 6 in the State of New York. 7 THE PRESIDENT: All those in 8 favor of the resolution please signify by 9 saying aye. 10 (Response of "Aye.") 11 THE PRESIDENT: Opposed, nay. 12 (No response.) 13 THE PRESIDENT: The resolution is 14 adopted. 15 Senator Skelos. 16 SENATOR SKELOS: Madam President, 17 if we could take up Resolution 4772, by 18 Senator Winner, have the title read, move for 19 its immediate adoption, and open it up for 20 cosponsorship. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: By Senator 24 Winner, Legislative Resolution Number 4772, 25 memorializing Governor George E. Pataki to

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(518) 371-8910 1 proclaim May 19, 2006, as NASCAR Day in the 2 State of New York. 3 THE PRESIDENT: Senator Winner. 4 SENATOR WINNER: Thank you, Madam 5 President. Just briefly on the resolution. 6 I'm proud to be able to wave the 7 green flag, so to speak, as far as this 8 resolution is concerned, New York State's 9 celebration of NASCAR Day for 2006. 10 In my Senate district, Watkins Glen 11 is the well-known home of the soul of American 12 road racing, which over the course of over 13 five decades has become a national 14 institution, the premier road racing facility 15 in America. 16 Watkins Glen is a source of pride 17 for us and a source of pride for the State of 18 New York and a landmark that attracts 19 thousands of visitors every year and is, in 20 fact, the largest sports attraction in 21 New York State on an annual basis. 22 This year Watkins Glen celebrates 23 its 20th year as the NASCAR Nextel Cup of 24 racing, and over the past decade we've had 25 thousands upon thousands of NASCAR fans to

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(518) 371-8910 1 visit Watkins Glen and the community of 2 Watkins Glen, and certainly we know its 3 enthusiasm. 4 In recognizing NASCAR's spirit 5 today, this resolution seeks to have New York 6 State join many, many other states in 7 proclaiming Friday, May 19th, as NASCAR Day 8 2006. NASCAR Day is the signature charitable 9 event of the NASCAR Foundation and supports a 10 wide range of worthy charitable initiatives. 11 It's an opportunity for all of us to draw 12 attention to NASCAR fans across New York and 13 bring them to a worthwhile cause, and a worthy 14 opportunity for all of them to express their 15 sense of community. 16 Thank you, Madam President. 17 THE PRESIDENT: All those in 18 favor of the resolution please signify by 19 saying aye. 20 (Response of "Aye.") 21 THE PRESIDENT: Opposed, nay. 22 (No response.) 23 THE PRESIDENT: The resolution is 24 adopted. 25 Any member who does not wish to

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(518) 371-8910 1 cosponsor the last two resolutions please 2 notify the desk. 3 Senator Skelos. 4 SENATOR SKELOS: Madam President, 5 if could take up Resolution 4754, by Senator 6 Marcellino, have the title read, move for its 7 immediate adoption, and open it up for 8 cosponsorship. 9 THE PRESIDENT: The Secretary 10 will read. 11 THE SECRETARY: By Senator 12 Marcellino, Legislative Resolution Number 13 4754, memorializing Governor George E. Pataki 14 to proclaim the week of May 15 through 21, 15 2006, as Prevention is the Cure Week in the 16 State of New York. 17 THE PRESIDENT: All those in 18 favor of the resolution please signify by 19 saying aye. 20 (Response of "Aye.") 21 THE PRESIDENT: Opposed, nay. 22 (No response.) 23 THE PRESIDENT: The resolution is 24 adopted. 25 Any member who does not wish to

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(518) 371-8910 1 cosponsor the last resolution please notify 2 the desk. 3 Senator Skelos. 4 SENATOR SKELOS: Madam President, 5 I believe the Finance Committee is just 6 starting their deliberations in Room 124. So 7 if members wish to attend, they should go, and 8 we'll stand at ease pending the completion of 9 that meeting. 10 THE PRESIDENT: The Senate stands 11 at ease. 12 (Whereupon, the Senate stood at 13 ease at 11:23 a.m.) 14 (Whereupon, the Senate reconvened 15 at 11:33 a.m.) 16 ACTING PRESIDENT MORAHAN: 17 Senator Skelos. 18 SENATOR SKELOS: Thank you, 19 Mr. President. If we could go to the 20 noncontroversial reading of the calendar. 21 ACTING PRESIDENT MORAHAN: The 22 Secretary will read. 23 THE SECRETARY: Calendar Number 24 99, by Senator Maziarz, Senate Print 203, an 25 act to amend the Vehicle and Traffic Law, in

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(518) 371-8910 1 relation to increasing penalties. 2 ACTING PRESIDENT MORAHAN: Read 3 the last section. 4 THE SECRETARY: Section 4. This 5 act shall take effect on the first of 6 November. 7 ACTING PRESIDENT MORAHAN: Call 8 the roll. 9 (The Secretary called the roll.) 10 ACTING PRESIDENT MORAHAN: 11 Announce the results. 12 SENATOR SKELOS: Lay that aside 13 temporarily, please. 14 ACTING PRESIDENT MORAHAN: The 15 bill is laid aside temporarily. 16 THE SECRETARY: Calendar Number 17 100, by Senator Marcellino, Senate Print 659, 18 an act to amend the Vehicle and Traffic Law, 19 in relation to aggravated unlicensed 20 operation. 21 ACTING PRESIDENT MORAHAN: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect on the first of 25 November.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 56. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 101, by Senator Marcellino, Senate Print 665, 9 an act to amend the Vehicle and Traffic Law, 10 in relation to -- 11 SENATOR SKELOS: Lay it aside 12 temporarily. 13 ACTING PRESIDENT MORAHAN: The 14 bill is laid aside temporarily. 15 THE SECRETARY: Calendar Number 16 252, by Senator Maziarz, Senate Print 692A, an 17 act to amend the Vehicle and Traffic Law. 18 ACTING PRESIDENT MORAHAN: Read 19 the last section. 20 THE SECRETARY: Section 3. This 21 act shall take effect immediately. 22 ACTING PRESIDENT MORAHAN: Call 23 the roll. 24 (The Secretary called the roll.) 25 ACTING PRESIDENT MORAHAN:

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(518) 371-8910 1 Announce the results. 2 THE SECRETARY: Ayes, 56. 3 ACTING PRESIDENT MORAHAN: The 4 bill is passed. 5 THE SECRETARY: Calendar Number 6 256, by Senator Nozzolio, Senate Print 2286, 7 an act to amend the Vehicle and Traffic Law. 8 ACTING PRESIDENT MORAHAN: Read 9 the last section. 10 THE SECRETARY: Section 3. This 11 act shall take effect on the 30th day. 12 ACTING PRESIDENT MORAHAN: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT MORAHAN: 16 Announce the results. 17 THE SECRETARY: Ayes, 57. 18 ACTING PRESIDENT MORAHAN: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 257, by Senator Marcellino, Senate Print 2855, 22 an act to amend the Vehicle and Traffic Law. 23 ACTING PRESIDENT MORAHAN: Read 24 the last section. 25 THE SECRETARY: Section 3. This

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(518) 371-8910 1 act shall take effect on the first of 2 November. 3 ACTING PRESIDENT MORAHAN: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 58. 7 ACTING PRESIDENT MORAHAN: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 310, by Senator Maziarz, Senate Print 210A, an 11 act to amend the Penal Law. 12 ACTING PRESIDENT MORAHAN: Read 13 the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect on the first of 16 November. 17 ACTING PRESIDENT MORAHAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MORAHAN: 21 Announce the results. 22 THE SECRETARY: Ayes, 58. 23 ACTING PRESIDENT MORAHAN: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 562, by Senator Robach, Senate Print 1613A, an 2 act to amend the Penal Law. 3 ACTING PRESIDENT MORAHAN: Read 4 the last section. 5 THE SECRETARY: Section 3. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT MORAHAN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MORAHAN: 12 Announce the results. 13 THE SECRETARY: Ayes, 58. 14 ACTING PRESIDENT MORAHAN: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 565, by Senator Robach, Senate Print 3418, an 18 act to amend the Criminal Procedure Law and 19 the Vehicle and Traffic Law. 20 ACTING PRESIDENT MORAHAN: Read 21 the last section. 22 THE SECRETARY: Section 6. This 23 act shall take effect immediately. 24 ACTING PRESIDENT MORAHAN: Call 25 the roll.

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(518) 371-8910 1 (The Secretary called the roll.) 2 ACTING PRESIDENT MORAHAN: 3 Announce the results. 4 THE SECRETARY: Ayes, 58. 5 ACTING PRESIDENT MORAHAN: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 649, by Senator Padavan, Senate Print 6997, an 9 act to amend the Penal Law. 10 ACTING PRESIDENT MORAHAN: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect on the first of 14 November. 15 ACTING PRESIDENT MORAHAN: Call 16 the roll. 17 (The Secretary called the roll.) 18 ACTING PRESIDENT MORAHAN: 19 Announce the results. 20 THE SECRETARY: Ayes, 57. Nays, 21 1. Senator Montgomery recorded in the 22 negative. 23 ACTING PRESIDENT MORAHAN: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 661, by Senator Alesi, Senate Print 2273, an 2 act to amend the Vehicle and Traffic Law. 3 ACTING PRESIDENT MORAHAN: Read 4 the last section. 5 THE SECRETARY: Section 2. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT MORAHAN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MORAHAN: 12 Senator Duane, to explain his vote. 13 SENATOR DUANE: Thank you, Mr. 14 President. 15 I'm going to vote for this bill. 16 But once again, this bill brings forward the 17 issue of addiction to alcohol. You know, 18 people in New York need and deserve mental 19 health treatment and addiction treatment. And 20 if we had it, we might not have the problem 21 that we have that this bill is trying to deal 22 with. 23 So here we are yet another day here 24 in session, and we have yet to pass Timothy's 25 Law. And that is just plain wrong. I don't

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(518) 371-8910 1 know why we let countless New Yorkers suffer 2 from mental health issues and substance abuse 3 issues and not do what we can to help them. 4 We need to pass Timothy's Law. 5 I'll be voting yes, Mr. President. 6 ACTING PRESIDENT MORAHAN: 7 Announce the results. 8 THE SECRETARY: Ayes, 58. 9 ACTING PRESIDENT MORAHAN: The 10 bill is passed. 11 THE SECRETARY: Calendar Number 12 679, by Senator Morahan, Senate Print 6939, an 13 act to authorize. 14 ACTING PRESIDENT MORAHAN: Read 15 the last section. 16 THE SECRETARY: Section 2. This 17 act shall take effect immediately. 18 ACTING PRESIDENT MORAHAN: Call 19 the roll. 20 (The Secretary called the roll.) 21 ACTING PRESIDENT MORAHAN: 22 Announce the results. 23 THE SECRETARY: Ayes, 57. Nays, 24 1. Senator Bonacic recorded in the negative. 25 ACTING PRESIDENT MORAHAN: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 692, by Senator Hannon, Senate Print 5811A, an 4 act to amend the Tax Law. 5 ACTING PRESIDENT MORAHAN: Read 6 the last section. 7 THE SECRETARY: Section 7. This 8 act shall take effect immediately. 9 ACTING PRESIDENT MORAHAN: Call 10 the roll. 11 (The Secretary called the roll.) 12 ACTING PRESIDENT MORAHAN: 13 Announce the results. 14 THE SECRETARY: Ayes, 58. 15 ACTING PRESIDENT MORAHAN: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 693, by Senator Little, Senate Print 6428, an 19 act to amend the Tax Law. 20 ACTING PRESIDENT MORAHAN: There 21 is a local fiscal impact statement at the 22 desk. 23 Read the last section. 24 THE SECRETARY: Section 6. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT MORAHAN: Call 2 the roll. 3 (The Secretary called the roll.) 4 ACTING PRESIDENT MORAHAN: 5 Announce the results. 6 THE SECRETARY: Ayes, 57. Nays, 7 1. Senator Valesky recorded in the negative. 8 ACTING PRESIDENT MORAHAN: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 698, by Senator Morahan, Senate Print 3091A, 12 an act to amend the Banking Law. 13 ACTING PRESIDENT MORAHAN: Read 14 the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT MORAHAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MORAHAN: 21 Announce the results. 22 THE SECRETARY: Ayes, 58. 23 ACTING PRESIDENT MORAHAN: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 99, by Senator Maziarz, Senate Print 203, an 2 act to amend the Vehicle and Traffic Law. 3 ACTING PRESIDENT MORAHAN: Read 4 the last section. 5 THE SECRETARY: Section 4. This 6 act shall take effect on the first of 7 November. 8 ACTING PRESIDENT MORAHAN: Call 9 the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT MORAHAN: 12 Senator Montgomery, to explain her vote. 13 SENATOR MONTGOMERY: Yes, Mr. 14 President. 15 I have opposed this legislation in 16 past prior sessions. I'm going to withdraw my 17 objection and vote yes on this, although I 18 still have some reservations about the fact 19 that there are a number of different degrees 20 of impairment based on prescription drugs that 21 people experience. Very often they are 22 unaware that they are going to have that kind 23 of reaction and therefore may possibly be 24 charged under this bill. 25 But nonetheless, I'm going to

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(518) 371-8910 1 withdraw my objection and vote yes. 2 ACTING PRESIDENT MORAHAN: 3 Senator Montgomery will be recorded in the 4 affirmative. 5 Announce the results. 6 THE SECRETARY: Ayes, 58. 7 ACTING PRESIDENT MORAHAN: The 8 bill is passed. 9 THE SECRETARY: Calendar Number 10 101, by Senator Marcellino, Senate Print 665, 11 an act to amend the Vehicle and Traffic Law. 12 ACTING PRESIDENT MORAHAN: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect on the first of 16 November. 17 ACTING PRESIDENT MORAHAN: Call 18 the roll. 19 (The Secretary called the roll.) 20 ACTING PRESIDENT MORAHAN: 21 Announce the results. 22 THE SECRETARY: Ayes, 58. 23 ACTING PRESIDENT MORAHAN: The 24 bill is passed. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 there will be an immediate conference of the 3 Majority in the Majority Conference Room. 4 It's expected that the conference will last 5 approximately a half hour, and then we'll 6 reconvene. 7 ACTING PRESIDENT MORAHAN: There 8 will be an immediate meeting of the Majority 9 in the Majority Conference Room which will 10 last about a half an hour, and in the meantime 11 the Senate will stand at ease. 12 (Whereupon, the Senate stood at 13 ease at 11:54 a.m.) 14 (Whereupon, the Senate reconvened 15 at 12:59 p.m.) 16 ACTING PRESIDENT ALESI: Senator 17 Skelos. 18 SENATOR SKELOS: Thank you, 19 Mr. President. Would you please recognize 20 Senator Gonzalez. 21 ACTING PRESIDENT ALESI: Senator 22 Gonzalez. 23 SENATOR GONZALEZ: Mr. President, 24 there will be a conference of the Minority at 25 2 o'clock in Room 315.

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(518) 371-8910 1 ACTING PRESIDENT ALESI: Minority 2 conference at 2 o'clock in Room 315. 3 Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 the Senate will stand at ease until 2:30 this 6 afternoon. 7 ACTING PRESIDENT ALESI: The 8 Senate will stand at ease until 2:30. 9 (Whereupon, the Senate stood at 10 ease at 1:01 p.m.) 11 (Whereupon, the Senate reconvened 12 at 4:59 p.m.) 13 ACTING PRESIDENT ALESI: Senator 14 Skelos. 15 SENATOR SKELOS: Mr. President, 16 if we could return to motions and resolutions, 17 there's a Resolution 4797 at the desk, by 18 Senator Bruno. Could we have the title read 19 and move for its immediate adoption. 20 ACTING PRESIDENT ALESI: The 21 Secretary will read. 22 THE SECRETARY: By Senator Bruno, 23 Legislative Resolution Number 4797, 24 congratulating the Troy Albany Youth Hockey 25 Association PeeWee Team upon the occasion of

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(518) 371-8910 1 competing in the 2006 Tretiak Friendship Cup 2 Tournament in Moscow. 3 ACTING PRESIDENT ALESI: On the 4 resolution, all in favor, aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT ALESI: Opposed, 7 nay. 8 (No response.) 9 ACTING PRESIDENT ALESI: The 10 resolution is adopted. 11 SENATOR SKELOS: Mr. President, 12 is there any further business at the desk? 13 ACTING PRESIDENT ALESI: Senator 14 Skelos, there is no further business at the 15 desk. 16 SENATOR SKELOS: I move we 17 adjourn until Wednesday, April 26th, at 18 11:00 a.m. 19 ACTING PRESIDENT ALESI: On 20 motion, the Senate stands adjourned until 21 Wednesday, April 26th, at 11:00 a.m. 22 (Whereupon, at 5:00 p.m., the 23 Senate adjourned.) 24 25

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(518) 371-8910