Senate Transcript - February 12, 2007

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1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 February 12, 2007 11 3:31 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LT. GOVERNOR DAVID A. PATERSON, 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 came 3 to order without a gavel. That's very good. 4 I would ask all assembled to please 5 rise and join with me in reciting the Pledge 6 of Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: Our invocation 10 today will be delivered by the Reverend Peter 11 G. Young, of Mother Theresa Community in 12 Albany. 13 REVEREND YOUNG: Dear God, we 14 welcome our new Senator to this hall. 15 The State Seal that has 16 demonstrated our loyalty to the state, again, 17 it was replaced and replacing the crown in 18 1777 that is above our dais. It was Lady 19 Liberty with a peasant cap, representing 20 democratic rule, with her left foot stepping 21 on the crown, representing the rejection of 22 royalty. 23 That as citizens of the Empire 24 State we have been the leader, with our 25 constitution 12 years before the federal

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(518) 371-8910 1 Constitution. As a national leader, You have 2 given these Senators a great power, O God, and 3 an enormous responsibility. So, God, we pray 4 that they will always work in Your image and 5 Your honor for all of those that will carry on 6 this good name. 7 We pray too for our Senator who has 8 been here with us for 23 years, Senator Don 9 Halperin. May he be able to rest with peace 10 now and forevermore. 11 Amen. 12 THE PRESIDENT: Thank you, Father 13 Young, who has delivered invocations to the 14 Legislature for 48 years. And as we can close 15 determine, over 3,000 invocations he's 16 delivered to us. 17 Reading of the Journal. 18 THE SECRETARY: In Senate, 19 Sunday, February 11, the Senate met pursuant 20 to adjournment. The Journal of Saturday, 21 February 10, was read and approved. On 22 motion, Senate adjourned. 23 THE PRESIDENT: Without 24 objection, the Journal stands approved. 25 Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Mr. President, 2 would you please recognize Senator Smith for 3 an introduction. 4 THE PRESIDENT: Thank you, 5 Senator Skelos. 6 Senator Smith. 7 SENATOR SMITH: Thank you very 8 much, Senator Skelos. 9 To my colleagues, to our friends in 10 the gallery, to the staff that is here, today, 11 on February 12th -- which is actually my 12 daughter's birthday -- there are two reasons 13 to celebrate. One obviously is her birthday, 14 which I am happy to celebrate, and hopefully 15 she hears this one day. 16 But secondly, we recently had an 17 election in Nassau County, a county where for 18 a hundred years they had had a particular 19 representation that was different from that 20 which they have today. Many people after this 21 particular election indicated that they 22 thought this was a great day for Nassau 23 County. 24 I would only say that while it was, 25 yes, a great day for Nassau County, it was

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(518) 371-8910 1 also a great day for each and every one of you 2 who are in this chamber, each and every one of 3 you who are in the audience, because it made a 4 very clear statement and a very clear message 5 that the people of this state have decided 6 that they want to see some change this 7 government, some change in how we proceed, and 8 that change has a lot to do with reforming the 9 way we do business as a body. 10 There was a young man who took up 11 the mantle of wanting to place himself, as I 12 would put it, up for sacrifice. He put 13 himself out there as a county legislator, not 14 knowing what the future would hold. His wife, 15 Elizabeth, who is here today, sat with him, 16 his two sons; they talked about it. And they 17 agreed this is something that as a family they 18 would do. 19 All of you who are in public office 20 know exactly what it means when you make a 21 decision in the middle of your life, in the 22 middle of your career, to do something 23 different. Running for office is never an 24 easy thing, especially when you're running for 25 office in a district that has been challenged

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(518) 371-8910 1 in a very heavy way for a long-term period. 2 This young man and his wife came 3 together and agreed that he should pursue this 4 office. 5 Craig Johnson is a young man who is 6 an attorney; he distinguished himself in the 7 county legislature as chair of Finance. What 8 he will bring to this body with regard to 9 intellect, with regard to someone who in his 10 heart wants to make sure that the people of 11 this state get their fair, just due in the 12 area of tax relief, in the area of healthcare 13 services, in the area of economic development. 14 This young man, who I had the 15 pleasure of knowing and met during this 16 season, is a phenomenal young man. His wife, 17 his partner, is someone who I have joked with 18 him about and said, "It's a good thing you ran 19 and it's a good thing she decided not to, 20 because it might have been a little bit 21 difficult for the people." 22 He's a young man that Lieutenant 23 Governor Paterson, who set us on a course two 24 years ago, is very proud of, someone who he 25 and I both know will be a great partner in

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(518) 371-8910 1 this chamber. 2 You will find out in a very short 3 period of time how smart this young man is, 4 and you will also find out how great his 5 family is. 6 He is joined today by his father, 7 Stuart Johnson, who is also in the chambers 8 with us. He's joined by his sister, Karen 9 Campbell, who is here. Where is Karen? Karen 10 trying to jump back there. He is also joined 11 by his father-in-law -- DeFrancisco, you would 12 like this -- Judge John Kase, who is also in 13 the audience, and also his mother-in-law, 14 Arlene Kase. 15 It is a family affair, and it is a 16 family who is very proud of this young man, 17 who I will tell you is the face of new 18 leadership in the State of New York. I am 19 proud of him. Our Governor is very proud of 20 him, Eliot Spitzer, who we thank for all his 21 effort and support. 22 And I thank all of my colleagues as 23 well. Many of you worked very hard, along 24 with this young man. Each and every one of 25 you sacrificed your time. The staff worked

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(518) 371-8910 1 very hard, Doug Ferran. 2 And to my colleagues even on the 3 other side of the aisle, I thank you also for 4 the effort that you placed in this particular 5 election, which also told the people of this 6 state that we're serious about what we want 7 done here. 8 And the effort that you put 9 forward, while it was for a different 10 individual, it also meant that you know that 11 when we look to govern, we look to make sure 12 that we have the best. And everybody put 13 their best foot forward in trying to make sure 14 that that individual came to bear. 15 Craig Johnson is the individual who 16 is sitting in this chamber today. Craig 17 Johnson is the young man who is going to be 18 part of the leadership team of this state. 19 Craig Johnson is the young man that his wife 20 and his family is very proud of. 21 Craig Johnson is the young man that 22 I am happy to call our new Senator, our new 23 colleague, someone joining the phenomenal 24 Democratic conference in the State Senate of 25 New York, Senator Craig Johnson.

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(518) 371-8910 1 (Extended applause.) 2 THE PRESIDENT: Thank you, 3 Senator Smith. 4 On behalf of Senator Bruno, the 5 leader of the Senate, we welcome Senator 6 Johnson, his wife Elizabeth, and the rest of 7 their family to the chamber. 8 And Senator Bruno and all of the 9 Senators wish Senator Johnson well in his 10 endeavors. 11 We will now turn to the order of 12 business. 13 Presentation of petitions. 14 Messages from the Assembly. 15 Messages from the Governor. 16 Reports of standing committees. 17 Reports of select committees. 18 Communications and reports from 19 state officers. 20 Motions and resolutions. 21 Senator Skelos. 22 SENATOR SKELOS: Mr. President, 23 there's a resolution at the desk, 432, by 24 Senator Seward. If we could have it read in 25 its entirety and move for its immediate

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(518) 371-8910 1 adoption. 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: By Senator 5 Seward, Legislative Resolution Number 432, 6 congratulating the Marathon High School Field 7 Hockey Team and Coach Karen Funk upon the 8 occasion of capturing the 2006 New York State 9 Class C Championship. 10 "WHEREAS, Excellence and success in 11 competitive sports can be achieved only 12 through strenuous practice, team play and team 13 spirit, nurtured by dedicated coaching and 14 strategic planning; and 15 "WHEREAS, Athletic competition 16 enhances the moral and physical development of 17 the young people of this state, preparing them 18 for the future by instilling in them the value 19 of teamwork, encouraging a standard of healthy 20 living, imparting a desire for success and 21 developing a sense of fair play and 22 competition; and 23 "WHEREAS, The Marathon High School 24 Olympians Field Hockey Team are the 2006 25 New York State Class C champions after

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(518) 371-8910 1 defeating East Rochester High School 2-1 in 2 the second sudden-death overtime, to finish 3 the year with 24-1 record; and 4 "WHEREAS, The standout performers 5 for the Olympians this season were New York 6 State Public High School Athletic Association 7 All-Tournament Team members and Section IV 8 Conference Division III First Team All-Stars 9 Meghan Dean, Samantha Parker, and Hannah 10 Griep; Section IV Division III First Team 11 All-Stars Roni Allen, Kelley Braman and Marta 12 Malmberg, and Second Team All-Stars Whitney 13 Stephens and Tessa Knapp; and 14 "WHEREAS, The athletic talent 15 displayed by this team is due in great part to 16 the efforts of Coach Karen Funk, a skilled and 17 inspirational tutor, respected for her ability 18 to develop potential into excellence; and 19 "WHEREAS, The team's overall record 20 is outstanding, and the team members were 21 loyally and enthusiastically supported by 22 family, fans, friends, and the community at 23 large; and 24 "WHEREAS, The hallmarks of the 25 Marathon High School Field Hockey Team, from

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(518) 371-8910 1 the opening game of the season to 2 participation in the championship, were a 3 sisterhood of athletic ability, of good 4 sportsmanship, of honor and of scholarship, 5 demonstrating that these team players are 6 second to none; and 7 "WHEREAS, Athletically and 8 academically, the team members have proven 9 themselves to be an unbeatable combination of 10 talents, reflecting favorably on their school; 11 and 12 "WHEREAS, Coach Karen Funk has done 13 a superb job in guiding, molding and inspiring 14 the team members toward their goals; and 15 "WHEREAS, Sports competition 16 instills the values of teamwork, pride and 17 accomplishment, and Coach Karen Funk and the 18 outstanding athletes of the Marathon High 19 School Field Hockey Team have clearly made a 20 contribution to the spirit of excellence which 21 is a tradition of their school; now, 22 therefore, be it 23 "RESOLVED, That this Legislative 24 Body pause in its deliberations to 25 congratulate the Marathon High School Field

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(518) 371-8910 1 Hockey Team, its members -- Roni Allen, 2 Brittany Bell, Kaitlyn Bliss, Kelley Braman, 3 Jessica Burlingame, Meghan Dean, Renee Drake, 4 Stephanie Fiske, Gabrielle Gates, Hannah 5 Griep, Nicole Gurewich, Amber Hines, Tessa 6 Knapp, McKenna Light, Marta Malmberg, 7 Cassandra Palmer, Samantha Parker, Mallorie 8 Pendell, Lacey Pitman, Whitney Stephens, 9 Michelle Stevens -- Scorekeeper Courtney 10 Mathers and Coach Karen Funk on their 11 outstanding season and overall team record; 12 and be it further 13 "RESOLVED, That copies of this 14 resolution, suitably engrossed, be transmitted 15 to the Marathon High School Field Hockey Team 16 and to Coach Karen Funk." 17 THE PRESIDENT: On the 18 resolution, Senator Seward. 19 SENATOR SEWARD: Thank you, 20 Mr. President. 21 I'm delighted to stand to salute 22 and congratulate a group of truly outstanding 23 young women, the Marathon High School 24 Olympians Field Hockey Team, the 2006 New York 25 State Class C champions.

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(518) 371-8910 1 Marathon is a community located in 2 Cortland County, and we like to say right in 3 the heart of New York State. 4 This is truly an outstanding and 5 well-rounded group of members of this team. 6 Obviously they have athletic ability, but they 7 also represent all the best in good character, 8 good sportsmanship, teamwork, all of those 9 fine qualities. 10 And also, in addition to all of 11 this, they're an outstanding group not only of 12 athletes but student-athletes. A full 13 two-thirds of the team have been so designated 14 as student-athletes, with a team academic 15 average of 92. 16 And certainly a great deal of the 17 credit for the success of this team belongs to 18 their coach, Karen Funk, who for the last 19 33 years has coached the field hockey team at 20 Marathon. And in that 33 years, she has 21 helped produce no fewer than 14 sectional 22 championship teams and no fewer than seven 23 state championship teams, this group being her 24 seventh win at the state level. So we have a 25 real dynasty when it comes to field hockey at

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(518) 371-8910 1 Marathon. 2 So, Mr. President, I'm delighted to 3 sponsor this resolution and salute this group, 4 who truly does epitomize all the best in the 5 youth of New York State. When I look at this 6 fine group, I have a great deal of confidence 7 in the future of our state. 8 Thank you, Mr. President. And 9 congratulations to this great team. 10 THE PRESIDENT: Thank you, 11 Senator Seward. 12 The question is on the resolution. 13 All those in favor please indicate so by 14 saying aye. 15 (Response of "Aye.") 16 THE PRESIDENT: Opposed, nay. 17 (No response.) 18 THE PRESIDENT: The resolution is 19 adopted. 20 Karen Funk, coach of the Marathon 21 High School Field Hockey Team, may all of you 22 who have been victorious so many times go back 23 to Cortland County with another victory and 24 another championship. In the spirit of 25 New York, leading the nation in all types of

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(518) 371-8910 1 sporting endeavors, your contribution to field 2 hockey has excelled beyond that of really any 3 other high school, with your tremendous record 4 over the last few years. 5 On behalf of Senator Bruno, the 6 leader of the Senate, and all Senators here -- 7 and particularly Senator Seward, who sponsored 8 this resolution -- we congratulate you and 9 welcome you to the New York State Senate 10 chamber. 11 (Applause.) 12 THE PRESIDENT: The chair 13 recognizes Senator Skelos. 14 SENATOR SKELOS: Mr. President, 15 if we could return to the order of reports of 16 standing committees, there's a report of the 17 Judiciary Committee at the desk. 18 If we could have it read at this 19 time. 20 THE PRESIDENT: Reports of 21 standing committees. 22 The Secretary will read. 23 THE SECRETARY: Senator 24 DeFrancisco, from the Committee on Judiciary, 25 reports the following nomination.

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(518) 371-8910 1 As associate judge of the Court of 2 Appeals, The Honorable Theodore T. Jones, Jr., 3 of New City. 4 THE PRESIDENT: Senator 5 DeFrancisco, on the nomination. 6 SENATOR DeFRANCISCO: Mr. 7 President, I'm proud to move the nomination of 8 Theodore T. Jones, Jr., of New City, as 9 associate judge of the Court of Appeals. 10 This year, as in all years, we 11 review the qualifications of the various 12 judges. In view of the fact of some recent 13 events not involved with Judge Jones in any 14 way, he was even looked at with more scrutiny 15 concerning some recent developments in his 16 area of the state -- more scrutiny not only on 17 that, more scrutiny on his decisions, more 18 scrutiny on everything about his background. 19 And I can tell you unequivocally 20 that he is well-qualified, that he is an 21 individual of utmost integrity, and that his 22 decisions are well-reasoned and fair. He 23 calls 'em the way he sees 'em. And we're 24 happy that Governor Spitzer sent this 25 nomination here to the full Senate.

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(518) 371-8910 1 In moving this nomination, I just 2 want to mention that his wife, Joan Hogans 3 Jones, is here; his sons, Theodore Jones, III, 4 and Wesley Jones; and many colleagues and 5 friends, all of whom are, I'm certain, very 6 proud of Judge Jones. 7 And in moving his nomination, I 8 simply want to say that this is the best type 9 of nominee we could possibly have -- an 10 individual that has tried cases, that has 11 clerked for a judge, that has been on a 12 grievance committee reviewing the conduct of 13 attorneys, and has an overall understanding of 14 the law second to none. 15 So, Mr. President, I'm happy to 16 move his nomination and request that you call 17 on Senator Maltese for a second. 18 THE PRESIDENT: The chair 19 recognizes, on the nomination, Senator 20 Maltese. 21 SENATOR MALTESE: Mr. President, 22 I rise today to speak about the American 23 dream, the realization of the American dream. 24 In seconding the nomination of Judge Jones, 25 truly this exemplifies everything that's fine

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(518) 371-8910 1 and great about our wonderful country. 2 Judge Jones grew up in the streets 3 of Queens County, attended John Adams High 4 School, 10101 Rockaway Boulevard, which 5 happens to be in my Senate district. What a 6 fine example for the young men and women 7 attending John Adams, that one of their 8 graduates could go on to rise as an associate 9 judge of the Court of Appeals, the highest 10 court in the State of New York and certainly 11 recognized as second only to the United States 12 Supreme Court in Washington, D.C. 13 This is the type of individual that 14 we have before us for nomination to our Court 15 of Appeals. A Vietnam veteran, a man who 16 understands what it is to rise from modest 17 beginnings and become a judge of the Supreme 18 Court from Kings County, serving in that 19 capacity for 15 years without any impugning of 20 his integrity, a man recognized as calling 21 them as he sees them. 22 Recent decisions of his in 23 connection with the subway strike were made, 24 calling it balanced, fair. And, while during 25 our judicial committee screenings he was

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(518) 371-8910 1 subject to many questions, at the same time 2 described as courageous, but shunning that 3 appellation, saying that he called it as he 4 saw it. He denied being courageous in that 5 respect. But during all the hubbub, all the 6 furor about that decision, not one person 7 attacked his integrity. 8 This is a man of great integrity 9 who was in private practice for 15 years and 10 had members of the Bar Association here today 11 testifying on his behalf, a man who managed 12 within four short months to receive the 13 highest awards from the Women's Bar 14 Association, the Jewish Bar Association, and 15 the Catholic Lawyers Guild. 16 A man who manages, through all the 17 years and all of his public service, to have 18 that same fine reputation for integrity. 19 Mr. President, certainly his 20 background in legal aid, his background in 21 private practice, his 15 years' experience on 22 the bench have well suited him for this high 23 judicial office. I'm proud to second the 24 nomination of Judge Theodore Jones as an 25 associate judge of the Court of Appeals of the

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(518) 371-8910 1 State of New York. 2 THE PRESIDENT: On the 3 nomination, the chair recognizes Senator 4 Hassell-Thompson. 5 SENATOR HASSELL-THOMPSON: Thank 6 you, Mr. President. I rise to support the 7 nomination of Justice Jones to this high 8 office. 9 This morning we had the opportunity 10 to ask a series of questions of Justice Jones. 11 And I have to agree with my colleagues that 12 while sometimes the questions were very 13 pointed, at no time did he become ruffled, nor 14 did he unravel, but, rather, answered the 15 question that led us to believe that the kind 16 of justice that he would provide from the 17 bench would be fair and balanced. 18 He has made some very difficult 19 decisions in his career. And when asked of 20 which one he was the proudest, he thought for 21 a moment and then he responded. But the pride 22 came, I think, from his knowledge of law and 23 how, no matter what the public may have 24 thought of his decision, he felt that he made 25 it for the right reasons.

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(518) 371-8910 1 And so therefore I support my 2 colleagues in this nomination and I thank the 3 Governor for putting forth the name of an 4 exceptional gentleman. And I don't use that 5 word often. In this instance, it is totally 6 appropriate to put forth the nomination of 7 Justice Theodore Jones for this Supreme Court 8 position. 9 I thank you, Mr. President. 10 THE PRESIDENT: On the 11 nomination, Senator Montgomery. 12 SENATOR MONTGOMERY: Thank you, 13 Mr. President. 14 I rise to join my colleagues in 15 seconding the nomination of Judge Theodore 16 Jones. I will say that out of all the people 17 that I know, he certainly is one of those 18 people -- not simply because he does come from 19 the County of Queens; he has lived in Brooklyn 20 for many, many years; he was a neighbor for 21 years; I know his wife and his family. So -- 22 but that's really not why he would be one of 23 the people that I would favor most. 24 It's because the qualities that he 25 brings, I think, and his temperament are just

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(518) 371-8910 1 exactly what we would like to see and the kind 2 of person that we need as judge in such a high 3 court. 4 So I'm very, very happy to vote for 5 him, to nominate him, and certainly I 6 compliment my colleagues and the leaders for 7 making a very, very wise choice in Judge 8 Jones. And I look forward to him sitting in 9 that position for many years. 10 Thank you, Mr. President. 11 THE PRESIDENT: On the 12 nomination, Senator Sampson. 13 SENATOR SAMPSON: Thank you very 14 much, Mr. President. 15 I rise in support of this 16 nomination, but most of all I want to 17 congratulate the Governor for appointing an 18 esteemed individual. I have had the 19 opportunity to appear before Justice Jones and 20 have had the opportunity to see how he, as 21 chief administrator in the County of Kings, 22 has done an excellent job. 23 But this is really a bright day for 24 Kings County, a bright day for Brooklyn when, 25 you know -- unfortunately, clouds have been

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(518) 371-8910 1 cast on our Borough of Brooklyn and our County 2 of Kings. And while to some it may seem that 3 it may be unjust that these clouds have been 4 cast, but, Justice Jones, you bring a stream 5 of sunlight to Brooklyn and let everyone know 6 that out of Brooklyn, great things happen. 7 And I want to congratulate you not 8 only on your impeccable character and 9 integrity, but you are a person who I believe 10 you call it as you see it. And just because 11 of that, Judge Jones, that's why you are 12 admired and respected about by all members of 13 the judiciary. 14 Once again, congratulations. And I 15 look forward to voting on your nomination to 16 the Court of Appeals. 17 THE PRESIDENT: On the 18 nomination, Senator Perkins. 19 SENATOR PERKINS: Thank you very 20 much. 21 I also want to join in echoing my 22 support for Judge Jones and his extraordinary 23 career. I guess for me what really is most 24 significant is that he's been tested in fire, 25 that he has been involved in some of the most

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(518) 371-8910 1 controversial cases, not the least of which 2 was the one involving the strike in New York 3 City of the Transit Authority. 4 And whether or not we agree with 5 the way he ultimately made a decision, one can 6 feel comfortable that he made it with 7 integrity, he made it on the basis of his 8 understanding of the law, that he gave it 9 fairness, and that he was balanced and 10 forthcoming as to how he made his decision. 11 And so I think that the Governor 12 should be complimented for having the 13 foresight to find someone like him to make as 14 his first choice in this Black History Month. 15 It has a special significance for some of us 16 throughout this state, for that matter. 17 And I think that we as a body 18 should feel good that we are going to select 19 someone that will truly represent the best of 20 the judicial profession that we can have. So 21 thank you very much. I'm glad to support this 22 nomination. 23 THE PRESIDENT: On the 24 nomination, the chair recognizes Senator 25 Nozzolio.

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(518) 371-8910 1 SENATOR NOZZOLIO: Thank you, 2 Mr. President. 3 Mr. President, I rise as a member 4 of this house and as a member of the Judiciary 5 Committee. And today, as we deliberated upon 6 the nominee's qualifications, it was very 7 clear that his broad background of experience 8 will suit the court extremely well and the 9 citizens of this state extremely well. 10 I wish to also thank Judge Jones 11 for his service to our nation as a member of 12 the military and as a participant in the 13 Vietnam conflict. For that, we should be 14 grateful. 15 During our conversation, his 16 testimony, in response to questions, it was 17 clear to me and I feel assured that his 18 construction of the law will be in the 19 strictest sense. And that he, in past 20 dealings, some of which were mentioned today, 21 did not shy away from making a hard decision 22 if that was in fact the dictate of the law. 23 Having respect for the law, having 24 respect for the legislators in this state in 25 both this house and the Assembly who make the

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(518) 371-8910 1 law, was certainly prominent in Judge Jones's 2 description of his approach to judicial 3 philosophy. 4 We hope that he will continue on 5 that score and not in effect shy away from 6 making a hard decision when it in fact is 7 relevant to a statute that the elected 8 representatives of the people -- that's the 9 people in this room and the people down the 10 hall -- have made as our state policy. 11 For that, Judge Jones, we wish you 12 a long and a very healthy tenure on New York 13 State's highest court. 14 Thank you, Mr. President. I 15 support this nomination. 16 THE PRESIDENT: On the 17 nomination, Senator Volker. 18 SENATOR VOLKER: Mr. President, 19 as I told the nominee at the hearing, I've 20 been through a great many confirmation 21 hearings over the years. Over the last -- 22 particularly the last few years, I've been 23 especially conscious of our responsibility to 24 review any Court of Appeals judges. And, you 25 know, part of I guess is as I've gotten a

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(518) 371-8910 1 little older, I've felt a responsibility to be 2 especially careful. 3 I have to admit, because of some of 4 the problems of Kings County -- and I will not 5 get into it. I was chided by a couple of 6 judges from Kings County that maybe I was a 7 little harsh on Kings County, a little bit on 8 Brooklyn. 9 But I pointed out to them I wasn't 10 referring to them, I was just referring -- we 11 know the various problems the county's having. 12 And that obviously what's happened because of 13 Brooklyn, frankly, the -- we've had a court 14 case that changed the system. 15 So I admit to you, when I looked at 16 Judge Jones's background, I kind of was 17 looking for a smoking gun. Not only did I not 18 find the smoking gun -- and I did a rather 19 extensive dossier on him -- I didn't find 20 hardly anything uncomplimentary. And 21 sometimes for us upstaters, that's a little 22 frustrating. But that's okay. 23 In all honesty, what I found was 24 that he has a very solid background. Now, as 25 I honestly said, I said probably he's a little

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(518) 371-8910 1 bit to the liberal of me, but then that would 2 account for about 90 percent of all the people 3 in this state -- and that's irrelevant -- 4 including my wife. 5 But I have to say that I was 6 impressed, I was impressed by his testimony, I 7 was impressed by his background. And 8 personally, I think -- and as I say, I had a 9 few misgivings. I mean, we are having a few 10 little problems now with the person that 11 appointed Judge Jones, but so be it. It's our 12 job to give advice and consent. 13 And I can't find -- I could find 14 nothing in Judge Jones's background. In fact, 15 I did find something I didn't realize, and 16 that is that he was with Howard Jones, Judge 17 Jones, who I knew. Because remember, I was 18 there when the Rockefeller Drug Laws were 19 passed, and Judge Jones I think was one of the 20 first Court of Claims judges. The Court of 21 Claims was set up basically as part of the 22 drug situation. 23 And Howard Jones was a super guy. 24 I had quite a bit of dealings with him way 25 back when. And the fact that this Judge

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(518) 371-8910 1 Jones -- who is no relation -- was part of his 2 office and was very close to Judge Jones, 3 frankly, was a big plus in his favor. 4 So my congratulations to you, my 5 congratulations to the Governor for sending 6 his first judicial nomination. I think the 7 one thing about George Pataki, he had 8 excellent judicial nominations. And this is a 9 good one. 10 Congratulations and good luck on 11 the Court of Appeals. 12 THE PRESIDENT: On the 13 nomination, Senator Smith. 14 SENATOR SMITH: Thank you very 15 much, Mr. President. 16 Allow me to also rise to 17 congratulate my colleagues who are sitting on 18 the Judiciary Committee -- Senator Ruth 19 Hassell-Thompson, who is the ranking member, 20 for her diligent work and effort; to the 21 committee chair, Senator DeFrancisco, for his 22 work as well. But more importantly, let me 23 thank the Governor for the selection of 24 Justice Jones. 25 I can remember about a year ago,

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(518) 371-8910 1 when I was ranking on that committee, Justice 2 Jones came to see me, along with some other 3 judges, and the subject matter had more to do 4 with raises. Well, Judge Jones, while we 5 couldn't give you a raise today, we did raise 6 something for you. We raised the bench which 7 you are now sitting on. 8 But let me also say, to put this in 9 some historical perspective, in 1846, the 10 constitutional amendment, was when the Court 11 of Appeals came about. In 1847, they sat and 12 heard their first case. 160 years later, 13 through 133 judges on the Court of Appeals, 14 only three were African-American: Fritz 15 Alexander, Harold Stevens, and George Bundy 16 Smith. 17 Today we are confirming the fourth 18 African-American judge in 160 years since that 19 court has been established. You need to 20 understand the significance of what that means 21 not only to the State of New York, which now 22 senses that there will be diversity on the 23 bench, but what it says about the character 24 and the St. John's Law School intellect of 25 Judge -- Justice, I should say -- Theodore

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(518) 371-8910 1 Jones. 2 We should be very proud of our 3 Governor's selection. We should be very proud 4 of his 34-year legal career. He has been, I 5 would say to many, a pleasure to not only work 6 with, but he has been someone who had an 7 impeccable career. You heard my good 8 colleague Senator Volker talked about looking 9 for a smoking gun. He could not only not find 10 the gun, he couldn't find no smoke neither. 11 (Laughter.) 12 SENATOR SMITH: But this is a 13 proud day for many of us. Court of Appeals 14 Justice Theodore Jones, you should know that 15 all the people around the State of New York 16 are not only proud of you today but proud of 17 also your family for the time and effort that 18 you put and what you had to deal with as an 19 individual, as he moved through his career, as 20 he moved through criticism, and as he moved 21 through growth as a jurist. 22 So it is with great pleasure today 23 that I stand here on the floor of this body in 24 the Senate of New York and congratulate his 25 family and also congratulate you on this

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(518) 371-8910 1 nomination. 2 THE PRESIDENT: The question is 3 on the nomination of Justice Theodore T. 4 Jones, Jr., to the New York State Court of 5 Appeals. All those in favor please indicate 6 so by saying aye. 7 (Response of "Aye.") 8 THE PRESIDENT: Opposed, nay. 9 (No response.) 10 THE PRESIDENT: The nomination is 11 confirmed. 12 Judge Jones -- joined today by your 13 wife, Joan; your sons, Theodore, III, and 14 Wesley -- we congratulate you and wish you the 15 greatest service to the New York State 16 constituency serving on our New York State 17 Court of Appeals. 18 You have already distinguished 19 yourself with your service in the military, as 20 a lawyer, as a Supreme Court judge, and most 21 recently on the appellate division. 22 On behalf of Senator Joseph Bruno, 23 the leader of the Senate, all the Senators 24 have confirmed you unanimously. We wish you 25 well. And congratulations.

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(518) 371-8910 1 (Standing ovation.) 2 THE PRESIDENT: The chair 3 recognizes Senator Skelos. 4 SENATOR SKELOS: Mr. President, 5 there will be an immediate meeting of the 6 Rules Committee in the Majority Conference 7 Room. 8 THE PRESIDENT: There will be an 9 immediate meeting of the Rules Committee in 10 the Majority Conference Room, Room 332. 11 SENATOR SKELOS: And if we could 12 return to the order of motions and 13 resolutions, there's a Resolution 431 at the 14 desk, by Senator Volker. 15 If we could have it read in its 16 entirety. 17 THE PRESIDENT: The Secretary 18 will read Resolution 431, sponsored by Senator 19 Volker. 20 THE SECRETARY: By Senator 21 Volker, Legislative Resolution Number 431, 22 mourning the death of The Honorable Donald M. 23 Halperin, distinguished citizen and devoted 24 member of his community. 25 "WHEREAS, It is with great sorrow

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(518) 371-8910 1 and deep regret that this Legislative Body 2 records the passing of The Honorable Donald M. 3 Halperin, noting the significance of his 4 purposeful life and accomplishments; and 5 "WHEREAS, A graduate of Rutgers 6 University and Brooklyn Law School, Donald M. 7 Halperin was a partner in the law firm of 8 Kantor, Davidoff, Wolfe, Mandelker & Kass, PC, 9 and represented the shoreline communities of 10 Brooklyn in the New York State Senate for 23 11 years; and 12 "WHEREAS, The youngest person ever 13 to be elected to the New York State Senate at 14 the age of 24, Donald M. Halperin had friends 15 on all sides of the political spectrum, and 16 his strong work ethic and dedication to the 17 people of the State of New York earned him the 18 respect of all of his colleagues; and 19 "WHEREAS, The ultimate 20 consensus-builder, Donald M. Halperin was a 21 skilled negotiator who had the uncanny ability 22 to relate to all people, bringing the most 23 diverse and opposing factions together to 24 reach a satisfying resolution to thorny issues 25 and debates; and

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(518) 371-8910 1 "WHEREAS, During his 23-year career 2 in the New York State Senate, Donald M. 3 Halperin was the author of the law requiring 4 Braille and audio signals in elevators to 5 assist the visually impaired, responsible for 6 recodifying the Juvenile Justice Code, one of 7 the original authors of the MTA Capital and 8 Operating Financing package enacted in 1982, 9 leader in developing legislation to create a 10 paratransit system which made mass transit 11 more accessible to the disabled, a pioneer in 12 developing legislation to revamp the New York 13 State Reverse Mortgage Law, and a leading 14 advocate for child welfare and criminal 15 justice; and 16 "WHEREAS, Furthermore, Donald M. 17 Halperin was named to the dual positions of 18 Commissioner of the Division of Housing and 19 Community Renewal and the cabinet-level 20 position of Housing 'Czar' in 1993, where he 21 was responsible for coordinating the 22 operations of the Division of Housing and 23 Community Renewal, the Roosevelt Island 24 Operating Authority, the State of New York 25 Mortgage Agency, the Housing Finance Agency,

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(518) 371-8910 1 and the Medical Care Facilities Financing 2 Corporation; and 3 "WHEREAS, Donald M. Halperin is 4 survived by his wife, Brenda; children, Jeremy 5 and Rebecca; mother, Gladys; sister and 6 brother-in-law Susan and Alan Gorman; nephew, 7 Sam; and son-in-law Joshua Burch; and 8 "WHEREAS, Armed with a humanistic 9 spirit, imbued with a sense of compassion, and 10 comforted by a loving family, Donald M. 11 Halperin leaves behind a legacy which will 12 long endure the passage of time and remain as 13 a comforting memory to all he served and 14 befriended; now, therefore, be it 15 "RESOLVED, That this Legislative 16 Body pause in its deliberations to mourn the 17 death of The Honorable Donald M. Halperin, 18 distinguished citizen and devoted member of 19 his community; and be it further 20 "RESOLVED, That a copy of this 21 resolution, suitably engrossed, be transmitted 22 to the family of The Honorable Donald M. 23 Halperin." 24 THE PRESIDENT: On the 25 resolution, Senator Volker.

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(518) 371-8910 1 SENATOR VOLKER: Mr. President, 2 Don Halperin was a close personal friend of 3 mine for a very long time. 4 And as Mr. President knows, he and 5 myself and the present Minority Leader were 6 trying to work out this resolution. By that I 7 mean we had agreed that we were going to do it 8 last year, and for various reasons we could 9 never work it out. 10 Today, by the way, Don's wife, 11 Brenda, and his family decided that it was 12 just too much for them to come up for this 13 because they just didn't feel comfortable 14 doing it. I had consulted with former Senator 15 Montalto and Jeremy Weinstein and several 16 others about doing this, and we frankly 17 decided that we should go ahead with it today. 18 There might be another time that Brenda may 19 come up, and some of the other family. 20 You know, Don Halperin was one of 21 the most interesting characters that I've ever 22 met up here. As you can see in the 23 resolution, he was the youngest person ever to 24 serve in the Senate at the time. We became 25 very close friends.

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(518) 371-8910 1 And I will tell you a story that is 2 not well known. He had a law partner who was 3 a very, very prominent judge later, who shall 4 remain nameless, a Democrat. And through Don, 5 I became very close to that Democratic judge, 6 who ended up on the Court of Appeals. 7 That judge had all sorts of 8 wonderful ideas. And there was a time when I 9 was invited over to the Court of Appeals to 10 have lunch with him on a number of occasions. 11 And the reason was that -- although I suppose 12 today it would be considered unethical -- he 13 had a plan that I was to run for Lieutenant 14 Governor with Sol Wachler, who was seriously 15 considering running at the time. And I'm not 16 supposed to tell any of these stories now, but 17 I will anyways. The statute of limitations is 18 gone, and who cares. 19 We actually had quite a plan, and I 20 would get the conservative endorsement for 21 Wachler. Of course the judge I was talking 22 about would then become, I believe, the chief 23 judge of the Court of Appeals. I'm sure that 24 had nothing to do with this plan. 25 But as you know, I think Governor

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(518) 371-8910 1 Cuomo sensed there was something up and named 2 Wachler to be head of the Court of Appeals. I 3 strongly suspect he was a little concerned 4 about Wachler running against him. 5 But the only reason I mention that 6 story is I think it gives you an idea of how 7 close in many ways we were. We traveled 8 together quite a bit at night. He was a super 9 guy. Pretty conservative, really, for a 10 person from downstate and so forth. And -- 11 but more than that, he had a wonderful heart, 12 he was a good man. 13 The interesting thing about Don 14 Halperin, he was a physical -- he was a freak 15 about health. I mean, anybody that knows him 16 knows that he always ate well and very careful 17 and was amazingly -- he didn't smoke; you 18 know, nothing -- and yet, in the end, he was 19 riddled with cancer. And it was what brought 20 him down eventually. Cancer started out, I 21 believe, in his pancreas or whatever, and 22 ended up in the brain cancer. 23 And in the end, it was pretty 24 tough. I spoke to him on many occasions down 25 in the city. And I know Joe did, who's here,

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(518) 371-8910 1 Joe Montalto, and Jeremy and a lot of us. It 2 was a difficult ending for a wonderful man, 3 who later not only was in the administration 4 but also was a very good lobbyist. 5 And I just must say -- and I want 6 to thank Senator Smith for allowing me to in 7 effect be the introducer of this. Because I 8 said to him, normally speaking, with a 9 minority Senator, it would be the Minority 10 Leader to do it. But as he said, "You go 11 ahead and do it, and I certainly will be part 12 of it." 13 And when this is done, everybody is 14 invited to be on, obviously. And I don't 15 think we bothered to send it around, because 16 everybody will be on it. 17 But at some point we're going to 18 work out something else to honor Donald. But 19 for the time being, I would say this. There's 20 going to be, at the Crowne Plaza tonight at 21 about 7 o'clock, in case anybody -- because 22 there's a number of people that are here. I 23 saw John Dunne and a number of people. If 24 you'd like to go down there and just meet. 25 Initially we thought that Brenda Halperin

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(518) 371-8910 1 would be there, but as I say, she didn't feel 2 up to it. 3 So I just want to tell you, 4 personally I think that of the legislators 5 I've known over the years, Don was one of the 6 real class acts. Don, Joe Galiber, so many of 7 the people who are gone. And I miss them 8 dearly. And these are wonderful people, and 9 Don certainly was one of them. 10 THE PRESIDENT: On the 11 resolution, Senator Stachowski. 12 SENATOR STACHOWSKI: Thank you, 13 Mr. President. 14 I'd also like to rise and say a few 15 words about my friend Don Halperin. Don was 16 ranking on Finance when I got here, and a very 17 interesting guy. 18 Obviously, most things with Donald 19 centered around eating. And for a guy that 20 was in pretty good shape, I never saw anybody 21 eat that much food. 22 And for those of you that saw the 23 movie "Harry Met Sally," you know how they 24 were so picky about how they ordered things? 25 They would be the average person compared to

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(518) 371-8910 1 Halperin. He would make the waitress go 2 through this whole interrogation. And then if 3 he wasn't satisfied with the answers, he would 4 go in the kitchen and start quizzing the chef 5 on what he used and what he cooked in and what 6 kind of oil. But that was Donald, and that's 7 the way Donald was. 8 Donald also got a group of us 9 together to take karate lessons, another great 10 episode. Eight lessons and everybody quit. 11 And that's a true story. Everybody quit. 12 There were athletic people involved, but we 13 just didn't want to get up that early. 14 Donald was also an integral part of 15 the softball team, because Donald always 16 organized where we'd go eat after. 17 And one of the great nights -- and 18 for those of who know John Dunne, you know, a 19 very proper guy, prim and proper. Donald 20 Halperin had John Dunne and everybody else at 21 Chuckie Cheese, playing all the games that the 22 kids play. I mean, that's just Donald. 23 That's typical of the things he would set up. 24 And one of the great events ever 25 staged here was the time that Donald Halperin

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(518) 371-8910 1 put together now Judge Marty Solomon's 2 birthday party. It was at a little Chinese 3 restaurant on the other side of the river, a 4 handful of people. But Marty Solomon, who 5 didn't drink -- or at least not often -- 6 decided he was going to try a zombie, at 7 Donald's suggestion. And he had a couple of 8 those. 9 And in the process, the evening was 10 unbelievable and topped off by Marty slamming 11 a wooden cigar box over Donald's head as he 12 drove home from the restaurant. So Donald 13 showed that out of the eight lessons, he got 14 the lesson of containing oneself under great 15 duress, not to be bothered by the fact that 16 this wooden cigar box just smashed over his 17 head as he tried to drive. 18 Donald's food and everything had 19 such an effect that when Donald stopped taking 20 his entourage, Cavaleri's closed. The 21 restaurant is gone. They sold it. But Donald 22 used to have his big team meal there all the 23 time. 24 And for those of you that aren't 25 familiar, a lot of the Halperin team is

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(518) 371-8910 1 sitting up in the balcony. And he used to get 2 everybody together once a year, even after he 3 left, to go out to dinner and share friendship 4 and laughs. And the group is still here, and 5 they're here today too. And I think that's 6 important. 7 One of the other highlights -- and 8 I see Tony Masiello's up there also -- is Tony 9 and I got Donald and Manny Golden and a couple 10 of others to come to a Jets-Bills Monday night 11 game in Buffalo. Which they came in in a 12 limousine, and everybody thought it was 13 important people. It wasn't. But Donald 14 really was touched by it. 15 And the thing he liked the most was 16 the people tailgating would knock on the 17 window, they'd roll the window down and they'd 18 hand in a sandwich or whatever they were 19 grilling. And Donald ate most of those. 20 And he also did a thing that was 21 very unusual and showed that he wasn't a 22 regular attender at a football game. He 23 started drinking these large beers in the 24 first quarter. And the rest of the night was 25 a blur for him, but it was a wonderful evening

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(518) 371-8910 1 for everybody else, because he was very 2 entertaining. Very, very entertaining. 3 So with that, I pay my salute to 4 Don Halperin, thank him for all the memories, 5 and close with one last story. Donald told me 6 this story, because I wasn't here yet. 7 It was his first time to debate. 8 And in those days, when he first got here, it 9 was very proper in here. And all the 10 reporters sat in the front, they didn't stay 11 up in the second floor listening on a squawk 12 box. And everybody was speaking, and he was 13 one of the youngest guys, so this is like a 14 long, long debate. And it was a Senator 15 Donovan bill, and it was about raising the age 16 of people, young people, to buy prophylactics. 17 And Donald is waiting his time and 18 waiting his time, and some of the news guys 19 were starting to doze off. And Donald finally 20 got to debate, after about two and a half 21 hours. And he got up and he said, "Let me 22 make this simple and concise. We let people 23 buy -- you know, it's okay that they buy beer 24 at 18" -- they wanted to make this 21 -- "and 25 we let them buy cigarettes at 18, and we let

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(518) 371-8910 1 them go to the Army." He said, "This question 2 here on the floor isn't whether they have the 3 guns. They got the guns. We're just trying 4 to get them the holsters." 5 (Laughter.) 6 SENATOR STACHOWSKI: Thank you, 7 Mr. President. 8 THE PRESIDENT: Senator Klein, on 9 the resolution. 10 SENATOR KLEIN: Thank you, 11 Mr. President. 12 I want to thank Senator Volker for 13 bringing this resolution to the floor today. 14 Everyone who knows Don Halperin I think 15 quickly realizes his intelligence, his quick 16 wit. He's someone who I think we all consider 17 to be a public man, who dedicated his life to 18 public service, first as a state senator, then 19 as commissioner of DHCR. 20 And I got to know Donald in his 21 sort of second life as a lobbyist. But even 22 as a lobbyist, whether representing affordable 23 housing groups or the taxi industry or the dry 24 cleaning industry, he was always truly an 25 advocate. He always had an encyclopedic

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(518) 371-8910 1 knowledge of all the legislation, all the 2 issues that represented his clients, I think, 3 in a very, very good way. 4 I think sometimes lobbyists don't 5 always get the best PR, especially in this day 6 and age. But someone like Don Halperin was 7 very, very passionate about the issues. He 8 was always prepared. He took it upon himself 9 to know each and every issue affecting his 10 clients. 11 But I think the fondest memories of 12 Don Halperin is all the political 13 conversations and talks of government that we 14 used to have, mostly in Chinese restaurants or 15 even in Russian nightclubs in Brighton Beach 16 in his district, or his annual canoe trip, 17 where I attended on many occasions, as well as 18 Assemblyman Steve Cymbrowitz, also several 19 judges. Judge Solomon, one year, who Don 20 Halperin used to refer to that trip as "Jews 21 in canoes." 22 (Laughter.) 23 SENATOR KLEIN: But at the same 24 time, we got an opportunity to talk about his 25 love of government, his love of this process.

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(518) 371-8910 1 And it always struck me that as 2 someone who served all those years in the 3 minority, how much he got accomplished. I 4 think it could be said -- and I know Marty 5 Connor always talks about this -- there was a 6 less partisan atmosphere 15 years ago or maybe 7 even 20 years ago. 8 But I think it has more to do with 9 Don Halperin's very special talents, his sense 10 of humor and his ability, I think, to convince 11 everyone. 12 I know he's going to be missed. 13 But I do know he's looking down at us today 14 with a smile, because he's being memorialized 15 before the legislative body which I think each 16 and every day of his life he was proud to 17 serve in. 18 Thank you, Mr. President. 19 THE PRESIDENT: Senator Onorato. 20 SENATOR ONORATO: Thank you, 21 Mr. President. 22 I too rise to join my colleagues in 23 paying a special tribute to a very, very dear 24 friend of mine. I think Stack hit it on the 25 head about the wonderful evenings that we had.

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(518) 371-8910 1 Because one of Donald's favorite 2 pastimes was going out to dinner. And when 3 you had Donald and Senator Solomon, it was 4 complete night-and-day. Senator Solomon was a 5 complete health freak and always completely 6 telling us: "Don't eat that, don't eat that, 7 don't eat that, don't eat that." And Senator 8 Halperin says, "Whatever youse don't eat, I'll 9 eat. Don't worry about it." 10 And he made it a point to sit next 11 to me. So did Stack. Because between the two 12 of them -- I'm a very small eater, and I never 13 finish anything that I order. So it was a 14 little bit of a battle between Donny and Billy 15 Stachowski, and occasionally Masiello would 16 get in on the act too: "Aren't you going to 17 finish that, George? I'll take it." 18 But he was a wonderful sportsman. 19 And Billy mentioned, in fact, that they went 20 on that canoe trip. And who do you think that 21 they had to guide them along the treacherous 22 rapids? Our Lieutenant Governor. Senator 23 Paterson was the guide to guide them along 24 those treacherous rapids. And after they hit 25 a rock, Senator Paterson would indicate: "We

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(518) 371-8910 1 just hit a rock." 2 (Laughter.) 3 SENATOR ONORATO: I think the 4 other thing was, Donny loved to go bowling. 5 And he had his own equipment all the time with 6 him. He had his bowling shoes, his bowling 7 ball, and we went to the bowling alley. And 8 who was there? Most of us in the 9 old-timers -- Senator Gold, Senator 10 Stachowski, Senator Masiello. Who else was 11 there? Joe Montalto. 12 And we're down there, and we're 13 starting to bowl. And Donny, down there with 14 his thing, with the perfect form, isn't doing 15 too well. And David Paterson was there with 16 us, and he was bowling. And he would throw 17 the ball down, they'd guide him, and he's 18 starting to beat Donny Halperin. Now, Donny 19 is getting frustrated at this. 20 So I says: "Donny, don't get 21 excited. I'll take care of this. I'll guide 22 him now." Senator Paterson, he had the 6-8 23 pins standing. He says, "What's standing, 24 George?" "The 8-10." 25 (Laughter.)

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(518) 371-8910 1 SENATOR ONORATO: I did that for 2 four frames. And then Senator Paterson says, 3 "Get Onorato out of there. I'll do my own 4 choice. Don't let him guide me at all." 5 But we really enjoyed his sense of 6 humor. But he was also such a wonderful man 7 on the floor here. Years ago, there was a 8 great many opportunities of actually passing 9 legislation, and Donny did pass quite a bit of 10 legislation, worthwhile legislation. 11 And everybody recognized the talent 12 that he had, and were all so pleased when 13 Governor Cuomo appointed him to the Housing 14 Czar. And he did an outstanding job of that. 15 So he is really sorely missed. And 16 to his family, I want you to know that I loved 17 every moment that I shared with him, and I 18 share those memories with you. 19 Thank you, and God bless you. 20 THE PRESIDENT: On the 21 resolution, Senator Stavisky. 22 SENATOR STAVISKY: Yes, thank 23 you, Mr. President. 24 I think everyone has noticed the 25 warmth and affection with which everybody has

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(518) 371-8910 1 spoken such great regard for Senator 2 Halperin -- his humor, his what sounds like 3 food fights over Senator Onorato's plate. 4 But let me just mention one other 5 thing, and that is his role as a lobbyist. He 6 was extremely kind to my son. They would have 7 lunch together periodically, they referred 8 clients as my son was first starting out in 9 the lobbying business. And it was 10 appreciated. 11 Donald served with my husband in 12 the Senate. But the kindness that he showed 13 to my son was appreciated then, and it will be 14 appreciated by the Stavisky family for the 15 years to come. 16 Thank you, Mr. President. And I 17 wish I had been invited on the canoe trips. 18 THE PRESIDENT: On the 19 resolution, Senator Hannon. 20 SENATOR HANNON: Thank you. 21 I guess I'm not as good at reciting 22 all the things why I was always in high 23 admiration of Don Halperin. I had worked with 24 him when I was in the Assembly; I worked with 25 him when I was chair of the Housing Committee,

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(518) 371-8910 1 both in his role as Senator and then when he 2 became Commissioner of DHCR. 3 I think what he did is epitomize a 4 dedicated approach to government, a dedicated 5 approach to reasoning together on policy. He 6 did it also, obviously, with a great sense of 7 humor, of always finding the irony in any 8 given situation. 9 He told me this story of one of his 10 big discoveries when he just got to DHCR, 11 helping to move a desk. And in the course of 12 moving the desk, a number of letters from 13 Senators and Assemblymen fell out of the top 14 drawer. Unanswered. And his was the first 15 among that stack that fell out. So he knew 16 that he had a lot of work to do. 17 And I think we collectively 18 accomplished a great deal when he was there, 19 even going back to saying what's the whole 20 theory of the department, what are its goals, 21 and where is it going. 22 He's going to be sorely missed. 23 The spirit that he drove in regard to public 24 policy, the spirit that he drove in regard to 25 bringing some of his clients as lobbyists was

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(518) 371-8910 1 certainly refreshing, certainly inspiring. 2 And it is one of the saddest things to have to 3 speak on this floor of his memory because he 4 did so much for all of us. 5 Thank you, Mr. President. 6 THE PRESIDENT: On the 7 resolution, Senator LaValle. 8 SENATOR LaVALLE: Thank you, 9 Mr. President. 10 It's really a privilege to speak on 11 this resolution. Don Halperin was a very good 12 and decent human being. He was an exceedingly 13 bright individual and had skills, social 14 skills that he utilized to get an awful lot 15 done. 16 I remember many years ago he was 17 the vice-chair of the commission, with Senator 18 Joe Pisani, on children and families. And I 19 think during that session, when the commission 20 had made recommendations, he passed and had 21 signed into law somewhere between six, ten, 22 twelve bills in which he shared, Senator 23 Pisani passing another large number of bills. 24 He was a member of the Higher 25 Education Committee and was very interested

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(518) 371-8910 1 and influential on an issue that is very near 2 and dear to me, and that's truth-in-testing 3 law. And he and I together went down to 4 Washington to testify on that issue. 5 He really was an individual who got 6 into policy, was successful in what he did, 7 and did it in a way that was just great. 8 Senator Klein, regardless of what 9 period of time, whether it be the past or the 10 present, Don Halperin would have navigated the 11 politics in a great way and would have gotten 12 results and would not have disturbed, upset 13 other individuals on the other side in going 14 about his business, because it was good for 15 the public. 16 So those of us who knew Don 17 Halperin, really, he leaves a great legacy, 18 being one of the youngest Senators elected at 19 that time -- I don't know if anyone else has 20 beat age 26 coming into this chamber -- but 21 also an incredible record of accomplishment. 22 And I guess the greatest legacy 23 that we leave is being a good and decent human 24 being. 25 THE PRESIDENT: Senator

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(518) 371-8910 1 Montgomery. 2 SENATOR MONTGOMERY: Thank you, 3 Mr. President. 4 I rise to express my gratitude to 5 Senator Dale Volker and my colleagues for 6 giving us an opportunity to express our -- 7 share our memories with Donald Halperin. 8 He was the head of the Brooklyn 9 delegation when I first came here and took the 10 time to come and take me out to lunch and talk 11 and really welcome me into the organization so 12 to speak, and that was really very special. 13 We went to Chinatown, to some 14 restaurant I'd never heard of, and he 15 suggested that I order duck. I'd never had 16 duck before. And it turms out he ate half the 17 duck. But that was my introduction to Donald 18 Halperin. 19 And he was just impeccably dressed 20 always, very, very full of life, great sense 21 of humor, and we had many, many laughs. My 22 heartiest laugh was when he told me jokes 23 about how Marty Markowitz wore bunny suits and 24 greeted his people in his district in bunny 25 suits and Santa Claus suits.

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(518) 371-8910 1 But he really shared a very, very 2 special sensitivity to people that I 3 appreciated and was extremely supportive as a 4 colleague. And he was a very, very wonderful 5 human being as well as all of what's been said 6 about what a wonderful legislator he was. 7 I really -- I was at the funeral of 8 Donald Halperin, and I guess the best part of 9 that funeral was the fact that, one, it was so 10 crowded I couldn't even get into the room. 11 But the other important part was what the 12 rabbi said about Donald. I felt so inspired 13 by that. Because all of the things that we 14 have expressed here, the rabbi was able to sum 15 up. And it just seems that he touched so many 16 people in a very special way. 17 So I am very, very happy to have 18 been here with him and to have lived to 19 experience the wonderfulness of this 20 absolutely wonderful man. 21 Thank you, Mr. President. 22 THE PRESIDENT: Senator Flanagan. 23 SENATOR FLANAGAN: Thank you, 24 Mr. President. Four quick observations. 25 I was lucky to have someone who was

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(518) 371-8910 1 my predecessor in the Assembly who is revered 2 for his intellect, his wit and his talent, and 3 that was my father. And I think I could use 4 those words to describe Don Halperin as well. 5 And before anyone says anything, I know those 6 characteristics skip a generation. 7 But the other three things I wanted 8 to mention is that Don Halperin was very close 9 to my predecessor here, Jim Lack. And I 10 believe I can go out on a limb and speak to 11 the fact that Jim Lack would want to have 12 everybody know how dear a friend he considered 13 him to be, and that his loss is tremendous for 14 people who no longer even serve here. 15 I would also add that, along the 16 line of what Senator Stavisky said, in terms 17 of Don's career as a lobbyist, that's really 18 how I got to know him. 19 And this will tell you what a 20 fabulous lobbyist he was, because he came in 21 and lobbied about dry cleaning regulations. 22 And you have to have real talent to make that 23 sound anywhere near interesting. And he could 24 do that, and he did it well. 25 And finally, to I think people

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(518) 371-8910 1 generally, it's very easy to note that someone 2 is a friend and a colleague and is very good 3 at what they do. But I also feel how someone 4 who is a sitting member treats the staff that 5 we work with speaks volumes about who they are 6 as a person. 7 And John Conklin, who works with 8 me, loved Don Halperin. He considered him an 9 absolute dear, close, personal friend, and his 10 life was blessed by knowing him. And I think 11 all of us were in the same regard. And I 12 would be remiss if, at least on behalf of 13 someone I enjoy working with now, I don't say 14 what a terrific man Don Halperin was. 15 Thank you. 16 THE PRESIDENT: Does any other 17 member wish to be heard on this bill? 18 The question occurs on the 19 resolution honoring the memory of our former 20 colleague Donald Halperin. Would all those in 21 favor please indicate so by saying aye. 22 (Response of "Aye.") 23 THE PRESIDENT: Those opposed, 24 nay. 25 (No response.)

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(518) 371-8910 1 THE PRESIDENT: The resolution is 2 adopted. 3 To his wife, Brenda, to his son, 4 Jeremy, to his daughter, Rebecca, to his 5 mother, Gladys, to his former colleagues who 6 came here today -- Senator Montalto, Senator 7 Masiello, Senator Solomon, and Senator 8 Dunne -- to his former staff members who are 9 here today -- Mona DeMay, Patty Tinto, Alton 10 Landsman, and Stacy Brown -- we all miss 11 Senator Halperin. 12 If you didn't know Senator Halperin 13 and were just listening today, you would think 14 he weighed 450 pounds. But the fact is he was 15 of average size and outstanding physical 16 condition. So no one ever knew what happened 17 to the food that he ate. 18 Remember when your parents told you 19 eat everything on your plate? When you went 20 to dinner with Senator Halperin, you didn't 21 have to worry. If you didn't eat it, he would 22 do it for you. 23 The reality is that he had such a 24 tremendous effect on other people. He was 25 often the brightest star in any gathering in

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(518) 371-8910 1 which he engaged -- that even in this mournful 2 time, even in this sad time, most of the 3 Senators who addressed us today thought of 4 happy times. 5 So let me point out to Senator 6 Onorato that I beat him and Halperin in those 7 bowling games, even though they used typical 8 Senate Minority tactics, which I now 9 disassociate myself from. 10 (Laughter.) 11 THE PRESIDENT: And let me talk 12 about the time Senator Halperin saved either 13 my life or part of my life, when we were 14 canoeing down the Delaware River with Senator 15 Jerry Weinstein, whose canoe capsized. So I 16 got out and I helped Senator Weinstein turn it 17 over and helped him back into his canoe, and I 18 was sitting on a rock waiting for Senator 19 Halperin to pick me up. 20 I didn't see the canoe coming. At 21 the last minute, he screamed. It was the 22 scream more than anything else that made me 23 get up out of the way, and the edge of the 24 canoe hit the spot that I vacated. 25 So I will always thank Senator

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(518) 371-8910 1 Halperin that I became the proud father that I 2 am today. 3 (Laughter.) 4 THE PRESIDENT: From his service 5 in 1970 to his accession to ranker on the 6 Finance Committee in 1981, to his candidacy 7 for Public Advocate in 1993 -- against an 8 inferior collection, of which yours truly was 9 a member -- to his service as Commissioner of 10 DHCR in 1994 and his outstanding work as a 11 lobbyist for the remaining 11 years of his 12 life, we all miss him, we all cherish that we 13 were around him, and we all will never forget 14 the times we spent with him. 15 The fact that this resolution was 16 offered by a member of the adversarial party 17 is a testament to the collective love that 18 streams through this chamber for Senator 19 Halperin. He would have those dinners, as 20 Senator Flanagan described, with members of 21 the opposite party, Senator Lack often joining 22 us, Senator Donovan, and the regular crew from 23 the Senate Minority. 24 Sometimes those days seem so far 25 away. But maybe from this moment that we have

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(518) 371-8910 1 shared remembering Senator Halperin, it will 2 reignite our understanding that all of us, 3 even though it's at times adversarial, are 4 really trying to fulfill our own dreams, which 5 is his dream. 6 They say that the service to others 7 is the rent we pay for our space on earth. 8 Senator Halperin looks down on us today paid 9 in full. Let us never let him look down and 10 find any of us in arrears. 11 Senator Marcellino. 12 SENATOR MARCELLINO: Mr. 13 President, if we could use the usual procedure 14 of the house to put all members on the 15 resolution unless they would prefer not to be. 16 THE PRESIDENT: This resolution 17 will be unanimous. Anyone indicating 18 otherwise can indicate so at the desk. 19 Senator Marcellino. 20 SENATOR MARCELLINO: Yes, 21 Mr. President. I believe there's a report of 22 Rules Committee at the desk. Can I ask that 23 it be read at this time. 24 THE PRESIDENT: The Secretary 25 will read the report of the Rules Committee.

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(518) 371-8910 1 THE SECRETARY: Senator Bruno, 2 from the Committee on Rules, reports the 3 following: 4 By Senator Johnson, Concurrent 5 Resolution Number 459, amending Permanent 6 Joint Rules of the Senate and Assembly; 7 And Senate Print 2131, by the 8 Senate Committee on Rules, an act to amend the 9 Tax Law. 10 Said bill ordered direct to third 11 reading. 12 THE PRESIDENT: Senator 13 Marcellino. 14 SENATOR MARCELLINO: May we 15 accept the Rules Committee report. 16 THE PRESIDENT: All those in 17 favor. 18 (Response of "Aye.") 19 THE PRESIDENT: Opposed, nay. 20 (No response.) 21 THE PRESIDENT: The report is 22 accepted. 23 SENATOR MARCELLINO: Mr. 24 President, can we at this time take up 25 Concurrent Resolution Number 459.

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(518) 371-8910 1 THE PRESIDENT: The Secretary 2 will read. 3 THE SECRETARY: The Assembly 4 sends for concurrence Assembly Concurrent 5 Resolution Number 147. Senator Bruno moves to 6 substitute Senate Concurrent Resolution Number 7 459 for Assembly Concurrent Resolution Number 8 147. 9 THE PRESIDENT: Substitution 10 ordered. 11 The Secretary will read. 12 THE SECRETARY: Concurrent 13 Resolution Number 459, amending the Permanent 14 Joint Rules of the Senate and Assembly, in 15 relation to establishing a budget 16 consideration schedule and joint budget 17 conference committees. 18 THE PRESIDENT: On the 19 resolution, all those in favor please indicate 20 by saying aye. 21 (Response of "Aye.") 22 THE PRESIDENT: Opposed, nay. 23 (No response.) 24 THE PRESIDENT: The resolution is 25 adopted.

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(518) 371-8910 1 Senator Marcellino. 2 SENATOR MARCELLINO: Thank you, 3 Mr. President. At this time can we have the 4 noncontroversial reading of the calendar. 5 THE PRESIDENT: The Secretary 6 will read the calendar. 7 THE SECRETARY: Calendar Number 8 7, by Senator Padavan, Senate Print 131, an 9 act to amend the Penal Law, in relation to the 10 crime of trademark counterfeiting. 11 THE PRESIDENT: The Secretary 12 will please read the last section of the bill. 13 THE SECRETARY: Section 2. This 14 act shall take effect on the first of 15 November. 16 THE PRESIDENT: The Secretary 17 will call the roll. 18 (The Secretary called the roll.) 19 THE PRESIDENT: The Secretary 20 will announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 7 are Senators 23 Montgomery, Parker, Perkins, and Thompson. 24 Ayes, 55. Nays, 4. 25 THE PRESIDENT: The bill is

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(518) 371-8910 1 passed. 2 The Secretary will read. 3 THE SECRETARY: Calendar Number 4 40, by Senator Maziarz, Senate Print 550, an 5 act to amend the Judiciary Law, in relation to 6 appointment. 7 THE PRESIDENT: Read the last 8 section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 THE PRESIDENT: Call the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 THE PRESIDENT: The bill is 15 passed. 16 THE SECRETARY: Calendar Number 17 42, by Senator DeFrancisco, Senate Print 787, 18 an act to amend the Surrogate's Court 19 Procedure Act, in relation to computation. 20 THE PRESIDENT: Last section. 21 THE SECRETARY: Section 2. This 22 act shall take effect on the first of January 23 next succeeding. 24 THE PRESIDENT: Call the roll. 25 (The Secretary called the roll.)

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(518) 371-8910 1 THE SECRETARY: Ayes, 59. 2 THE PRESIDENT: The bill is 3 passed. 4 THE SECRETARY: Calendar Number 5 53, by Senator Marcellino, Senate Print 616, 6 an act to amend the Penal Law, in relation to 7 including. 8 THE PRESIDENT: Last section. 9 THE SECRETARY: Section 3. This 10 act shall take effect on the first of 11 November. 12 THE PRESIDENT: Call the roll. 13 (The Secretary called the roll.) 14 THE PRESIDENT: Senator 15 Marcellino, to explain his vote. 16 SENATOR MARCELLINO: Thank you, 17 Mr. President. 18 Since 1999 we have passed this bill 19 in this house many times unanimously. And 20 recently I learned that some concerns have 21 been raised about the fact that the bill is 22 limited to dogs and cats. It raises the 23 penalty for the theft of these creatures to a 24 Class E felony, with one to four years 25 possible service and up to a $5,000 fine.

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(518) 371-8910 1 One of the reasons we have done 2 this is because there at least a couple of 3 million pets a year are stolen and used for 4 all kinds of evil things. And because of the 5 limited liability of the crime and the 6 inability to actually put a value on these 7 creatures, police forces have never really 8 paid much attention to it. 9 I've always thought that that was a 10 bad thing and we want them to do more in 11 protecting the pets that people hold as part 12 of their family and priceless. These 13 creatures are priceless when they're yours. 14 I'd like to expand this bill to as 15 many creatures as we possibly could, but we 16 can't even get dogs and cats, the theft of 17 dogs and cats, through the other house. I 18 would like to. 19 So I would ask my colleagues on the 20 other side who would like to see this bill 21 expanded, as I would, to go to the other house 22 and get the bill expanded so that it can come 23 to the floor even as it is now. Assemblywoman 24 Glick has been carrying the bill. She can't 25 get it out for a vote.

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(518) 371-8910 1 This bill is a no-brainer, quite 2 frankly, Mr. President. And I urge everyone 3 to support it and seek help from the other 4 house, as I intend to, to get this bill passed 5 in the other house so it finally become law. 6 And we can expand it and amend it once it's 7 passed into law. 8 Thank you. I vote aye. 9 THE PRESIDENT: Senator 10 Marcellino will be recorded in the affirmative 11 on Calendar Number 53, Senate 616. 12 Senator Hassell-Thompson, to 13 explain -- 14 SENATOR HASSELL-THOMPSON: 15 Senator Thompson. Without the "Hassell." 16 THE PRESIDENT: Without the 17 "Hassell," Senator Thompson, to explain his 18 vote. 19 SENATOR THOMPSON: Yeah, 20 initially I wasn't going to support this bill. 21 But I think, after thinking about some of the 22 issues from being on the Buffalo City Council, 23 in terms of dogs being stolen and used for dog 24 fighting, which is a very big problem -- and I 25 know that on the City Council in Buffalo we've

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(518) 371-8910 1 dealt with that a lot as well. 2 So I don't know where the bill will 3 go, but I'm glad to support it, and anything I 4 can do to support this effort. 5 Thanks. 6 THE PRESIDENT: Senator Thompson 7 will be recorded in the affirmative on 8 Calendar Number 53. 9 To explain her vote, Senator 10 Montgomery. 11 SENATOR MONTGOMERY: Yes, 12 Mr. President, thank you. To explain my vote, 13 which I wasn't going to do. 14 But just so that I think we're not 15 confused, this law does not specifically cover 16 those situations that Senator Thompson pointed 17 out. In fact, it's just generally if a pet is 18 stolen. 19 Now, obviously we don't want to see 20 pets stolen. But I think that we all 21 understand too that pets have varying degrees 22 of pedigree, and some of them are just common 23 ordinary street cats and whatnot; they come 24 in, and they become pets. And if a child 25 takes it or a youngster takes a cat -- maybe

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(518) 371-8910 1 the cat has a collar, maybe it doesn't; maybe 2 the dog has a dollar, maybe it doesn't -- but 3 grand larceny is pretty serious. 4 And I think that we need to be much 5 more careful about tagging every single action 6 as a felony, because sometimes this catches 7 people who really are not looking to do 8 something dreadfully harmful, but maybe they 9 want to take -- they would like a pet, they 10 don't have one and they see a pet that looks 11 stray and they take it in and, bang, they've 12 committed grand larceny and they have an 13 E felony charge. 14 So I think we should be more 15 careful. If we are talking about specific 16 criminality associated with taking a pet, we 17 should say that in the statute so that it's 18 very clear that we are not talking about 19 someone who mistakenly takes an animal into 20 their home thinking that that's a stray animal 21 and that person is committing a crime and gets 22 labeled for the rest of their lives and cannot 23 get a job for the rest of their lives. 24 So I'm specifically voting no on 25 this for that reason.

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(518) 371-8910 1 THE PRESIDENT: Senator 2 Montgomery will be recorded in the negative on 3 Calendar Number 53. 4 The Secretary will announce the 5 results. 6 THE SECRETARY: Those recorded in 7 the negative on Calendar Number 53 are 8 Senators Hassell-Thompson, Montgomery, Parker, 9 and Perkins. 10 Ayes, 55. Nays, 4. 11 THE PRESIDENT: The bill is 12 passed. 13 THE SECRETARY: Calendar Number 14 61, by Senator Winner, Senate Print 897, an 15 act to amend the Penal Law, in relation to the 16 discharge of a gun or firearm. 17 THE PRESIDENT: Last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect on the first of 20 November. 21 THE PRESIDENT: Call the roll. 22 (The Secretary called the roll.) 23 THE PRESIDENT: Senator 24 Schneiderman, to explain his vote. 25 SENATOR SCHNEIDERMAN: Yes, thank

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(518) 371-8910 1 you, Mr. President. 2 I just wanted to say that this is a 3 very moderate but commonsense piece of 4 legislation relating to the problems of gun 5 violence and injury related to firearms. 6 I appreciate the fact that Senator 7 Winner has sponsored it. He's in a district 8 that many people would think makes it 9 difficult to do anything that challenges the 10 hegemony of those who would not have us pass 11 any legislation related to firearms. And I'm 12 hoping that maybe it is an indication that 13 this year we can move forward on the backlog 14 of items that relate to gun safety. 15 This bill simply requires that if 16 you discharge a firearm and injure or kill 17 someone, you're required to report it. There 18 are a variety of pieces of legislation like 19 this that would make New York a safer state 20 for all of the people of the state, for all of 21 our children. And I hope that this is a good 22 sign that maybe we can move forward with that 23 agenda. 24 I vote yes. Thank you. 25 THE PRESIDENT: Senator

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(518) 371-8910 1 Schneiderman will be recorded in the 2 affirmative. 3 Results. 4 THE SECRETARY: Ayes, 59. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 89, by Senator Maziarz, Senate Print 1694, an 9 act to amend the Labor Law, in relation to 10 contracts. 11 THE PRESIDENT: Last section. 12 THE SECRETARY: Section 6. This 13 act shall take effect immediately. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 59. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 95, by Senator Saland, Senate Print 1147, an 21 act to amend Chapter 698 of the Laws of 1996 22 amending the Education Law. 23 THE PRESIDENT: Read the last 24 section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect immediately. 2 THE PRESIDENT: Call the roll. 3 (The Secretary called the roll.) 4 THE PRESIDENT: Results. 5 THE SECRETARY: Ayes, 59. 6 THE PRESIDENT: The bill is 7 passed. 8 That completes the noncontroversial 9 calendar, Senator Marcellino. 10 SENATOR MARCELLINO: Mr. 11 President, is there any further business at 12 the desk? 13 THE PRESIDENT: We have a motion 14 by Senator Farley. 15 SENATOR MARCELLINO: Can we 16 recognize Senator Farley. 17 THE PRESIDENT: Senator Farley. 18 SENATOR FARLEY: Thank you, 19 Mr. President. 20 On behalf of Senator Maziarz, on 21 page 8 I offer the following amendments to 22 Calendar Number 39, Senate Print 521, and I 23 ask that this bill retain its place on the 24 Third Reading Calendar. 25 THE PRESIDENT: The amendments

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(518) 371-8910 1 are received, and the bill will retain its 2 place on the Third Reading Calendar. 3 Senator Marcellino. 4 SENATOR MARCELLINO: Thank you, 5 Mr. President. 6 I move that we adjourn until 7 Tuesday, February 13th, at 3:00 p.m. 8 THE PRESIDENT: The Senate stands 9 adjourned until Tuesday, February 13th, at 10 3:00 p.m. 11 (Whereupon, at 4:55 p.m., the 12 Senate adjourned.) 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910

Monday, February 12, 2007

Transcript

Bills on the floor