Thursday, December 13, 2007

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 December 13, 2007 11 3:10 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 will 3 come to order. 4 Will everyone please rise and join 5 with me in reciting the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 THE PRESIDENT: Leading us in our 9 invocation today is the celebrated minister 10 from Mother Theresa Community in Albany, and 11 runner-up for the Nobel Peace Prize this year, 12 Father Peter G. Young. 13 REVEREND YOUNG: Thank you. 14 Let us pray. 15 As we gather on this autumn snowy 16 day in a special session, we will attempt to 17 put closure on some outstanding legislative 18 year-end issues to assist our New York State 19 citizens. 20 During this special holiday season, 21 we warmly greet everyone in a festive spirit 22 of goodwill. May we extend that joy into the 23 compassion of our legislation for those that 24 are seeking shelter and food, so that they too 25 can celebrate with us.

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(518) 371-8910 1 We are happy to call together the 2 providers so that they can handle the 3 disenfranchised with legislative efforts that 4 will remove the barriers and obstacles of 5 bureaucracy so that they can fulfill, O God, 6 Your call to respect all of Your creation. 7 May we remember Dave Cole, who 8 served here in this Senate chamber for so many 9 years so well all of our members. 10 Amen. 11 THE PRESIDENT: Thank you, 12 Father. 13 As we assemble here on this cold, 14 snowy day in autumn, we ask for the reading of 15 the Journal. 16 THE SECRETARY: In Senate, 17 Wednesday, December 12, the Senate met 18 pursuant to adjournment. The Journal of 19 Tuesday, September 11, was read and approved. 20 On motion, Senate adjourned. 21 THE PRESIDENT: The Journal 22 stands approved as read. 23 Presentation of petitions. 24 Messages from the Assembly. 25 Messages from the Governor.

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(518) 371-8910 1 Reports of standing committees. 2 Reports of select committees. 3 Communications and reports from 4 state officers. 5 Motions and resolutions. 6 Senator Robach. 7 SENATOR ROBACH: Yes, 8 Mr. President. I move the following bills be 9 discharged from their respective committees 10 and be recommitted with instructions to strike 11 the enacting clause: Senate Bills 2054 and 12 2711, by Senator DeFrancisco. 13 THE PRESIDENT: So ordered. 14 SENATOR ROBACH: Mr. President, I 15 also move that the following bills be 16 discharged from their respective committees 17 and be recommitted with instructions to strike 18 the enacting clause: Senate Bill 2400 and 19 Senate Bill 2828, by Senator Trunzo. 20 THE PRESIDENT: So ordered. 21 Senator Fuschillo. 22 SENATOR FUSCHILLO: Thank you, 23 Mr. President. 24 On behalf of Senator Farley, I wish 25 to call up Senate Print Number 920, recalled

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(518) 371-8910 1 from the Assembly, which is now at the desk. 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: Calendar Number 5 273, by Senator Farley, Senate Print 920, an 6 act to amend the Tax Law. 7 THE PRESIDENT: Senator 8 Fuschillo. 9 SENATOR FUSCHILLO: I now move to 10 reconsider the vote by which the bill was 11 passed. 12 THE PRESIDENT: Call the roll on 13 reconsideration. 14 (The Secretary called the roll.) 15 THE SECRETARY: Ayes, 37. 16 SENATOR FUSCHILLO: I now move to 17 commit the bill to the Committee on Rules. 18 THE PRESIDENT: So ordered. 19 Thank you, Senator Fuschillo. 20 SENATOR FUSCHILLO: On behalf of 21 Senator Maziarz, I wish to call up Senate 22 Print Number 1884A, recalled from the 23 Assembly, which is now at the desk. 24 THE PRESIDENT: The Secretary 25 will read.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 1496, by Senator Maziarz, Senate Print 1884A, 3 an act to allow Jerry R. Sullivan to file. 4 SENATOR FUSCHILLO: I now move to 5 reconsider the vote by which the bill was 6 passed. 7 THE PRESIDENT: The Secretary 8 will call the roll on reconsideration. 9 (The Secretary called the roll.) 10 THE SECRETARY: Ayes, 37. 11 SENATOR FUSCHILLO: I now move to 12 recommit the bill to the Committee on Rules. 13 THE PRESIDENT: So ordered. 14 SENATOR FUSCHILLO: Thank you. 15 THE PRESIDENT: Senator Nozzolio. 16 SENATOR NOZZOLIO: Thank you, 17 Mr. President. 18 On behalf of Senator Alesi, I wish 19 to call up Print Number 5229A, recalled from 20 the Assembly, which is now at the desk. 21 THE PRESIDENT: The Secretary 22 will read. 23 THE SECRETARY: Calendar Number 24 2052, by Senator Alesi, Senate Print 5229A, an 25 act to amend Chapter 530 of the Laws of 1988.

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(518) 371-8910 1 SENATOR NOZZOLIO: Mr. President, 2 I now move to reconsider the vote by which the 3 bill was passed and ask that the bill be 4 restored to the order of third reading. 5 THE PRESIDENT: The Secretary 6 will call the roll on reconsideration. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 37. 9 SENATOR NOZZOLIO: Mr. President, 10 I now move to recommit the bill to the 11 Committee on Rules, with instructions to said 12 committee to strike the enacting clause. 13 THE PRESIDENT: The bill will be 14 recommitted to the Committee on Rules, 15 striking of the enacting clause so ordered. 16 Thank you, Senator Nozzolio. 17 Senator Bruno. 18 SENATOR BRUNO: Mr. President, 19 can we at this time adopt the Resolution 20 Calendar, with the exception of Resolutions 21 3812 and 3813. 22 THE PRESIDENT: Senator Bruno 23 moves to adopt the Resolution Calendar, with 24 exceptions of Resolutions 3812 and 3813. All 25 in favor signify by saying aye.

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(518) 371-8910 1 (Response of "Aye.") 2 THE PRESIDENT: All opposed, nay. 3 (No response.) 4 THE PRESIDENT: Motion carries. 5 The Resolution Calendar is adopted. 6 Senator Bruno. 7 SENATOR BRUNO: Mr. President, 8 can we at this time take up Resolution 3812, 9 have its title read, and move for its 10 immediate adoption. 11 THE PRESIDENT: The Secretary 12 will read Resolution 3812 by title. 13 THE SECRETARY: By Senator Smith, 14 Legislative Resolution Number 3812, 15 commemorating the 40th Anniversary of the SUNY 16 Educational Opportunity Program. 17 THE PRESIDENT: We are 18 considering Resolution 3812. All those in 19 favor please signify by saying aye. 20 (Response of "Aye.") 21 THE PRESIDENT: Opposed, nay. 22 (No response.) 23 THE PRESIDENT: The resolution 24 carries. The resolution is adopted. 25 Senator Bruno.

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(518) 371-8910 1 SENATOR BRUNO: Mr. President, 2 can we at this time take up Resolution Number 3 3813, have the title read, and move for its 4 immediate adoption. 5 THE PRESIDENT: The Secretary 6 will read. 7 THE SECRETARY: By Senator 8 Larkin, Legislative Resolution Number 3813, 9 commending AARP upon the occasion of 10 celebrating its 50th Anniversary. 11 THE PRESIDENT: On the 12 resolution, all those in favor please signify 13 by saying aye. 14 (Response of "Aye.") 15 THE PRESIDENT: Opposed, nay. 16 (No response.) 17 THE PRESIDENT: The resolution 18 carries, and now AARP can have an AARP card. 19 Senator Larkin. 20 SENATOR LARKIN: Mr. President, 21 could we open that up, for those who might 22 want to get on that? 23 THE PRESIDENT: Senator Bruno, 24 Senator Larkin has asked that we open the 25 resolution so that all members of the Senate

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(518) 371-8910 1 may sign and those not wishing to sign may 2 indicate so at the desk. Is that approved 3 with you? 4 SENATOR BRUNO: Can we have that 5 happen, Mr. President? Anyone caring not to 6 be on the resolution, please notify the desk 7 privately. 8 Thank you, Mr. President. 9 THE PRESIDENT: Thank you, 10 Senator Larkin. 11 All those who would like to not be 12 listed on the resolution may indicate at the 13 desk. Otherwise, the sponsors will be 14 unanimous. 15 The chair recognizes Senator Bruno. 16 SENATOR BRUNO: Mr. President, 17 can we return to the reports of standing 18 committees and take up the report of the 19 Judiciary Committee. 20 THE PRESIDENT: We will return to 21 reports of standing committees. 22 The chair recognizes Senator 23 DeFrancisco. 24 SENATOR DeFRANCISCO: Thank you. 25 I would like to move the nomination

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(518) 371-8910 1 of the Honorable Carmen Beauchamp Ciparick, of 2 New York City, as associate judge of the Court 3 of Appeals. 4 And there was a committee meeting 5 of the Senate Judiciary Committee earlier 6 today which found that Judge Ciparick had all 7 the qualifications necessary for a Court of 8 Appeals judgeship. In addition, she's served 9 for the last 14 years on the court with 10 distinction. 11 And I'm very proud and very pleased 12 that the Governor reappointed her for that 13 position, and I urge all of you to support 14 this nomination and confirm her today. 15 Thank you. 16 THE PRESIDENT: The Secretary 17 will read the nomination. 18 THE SECRETARY: Senator 19 DeFrancisco, from the Committee on Judiciary, 20 reports the following nomination. 21 As associate judge of the Court of 22 Appeals, Honorable Carmen Beauchamp Ciparick. 23 THE PRESIDENT: Senator 24 DeFrancisco, to move the nomination. 25 SENATOR DeFRANCISCO: I thought I

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(518) 371-8910 1 already did. But if I didn't, I'll move her, 2 and if I did, I'll move her again. 3 THE PRESIDENT: On the 4 nomination, the chair recognizes Senator 5 Schneiderman. 6 SENATOR SCHNEIDERMAN: Thank you, 7 Mr. President. 8 Very briefly, I rise just to thank 9 the Governor for reappointing a fine judge of 10 the Court of Appeals. I think we are going to 11 be talking about the role of the judiciary in 12 New York and in the scheme of American 13 democracy today in a variety of contexts. 14 But this is a judge who 15 demonstrates that great work and progressive 16 thinking on the judiciary can do a great deal 17 for all the people of New York. This is not a 18 ivory tower jurist. This is someone of whom 19 we can all be proud. 20 And it is my pleasure to support 21 this nomination, and I urge everyone to vote 22 to return her to the bench where she has 23 served so ably for so long. 24 Thank you. 25 THE PRESIDENT: Thank you,

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(518) 371-8910 1 Senator Schneiderman. 2 The chair recognizes Senator 3 Perkins. 4 SENATOR PERKINS: Thank you very 5 much. 6 I just want to take a quick moment 7 to express my support for this outstanding 8 individual, this outstanding public servant 9 that I've had the honor of working with since 10 1982, more or less, and have followed her 11 career and have had the opportunity to support 12 her career. 13 And you know, she has really 14 exemplified the best that we could offer in 15 terms of this process, not only in terms of 16 what she has done as a jurist but also in 17 terms of the role model that she exemplifies 18 for those of us from the neighborhood. 19 And so I'm honored to second this 20 and look forward to her continuation in her 21 outstanding career. 22 THE PRESIDENT: Senator Volker. 23 SENATOR VOLKER: Mr. President, 24 very quickly. 25 We figured out, actually, Judge

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(518) 371-8910 1 Ciparick and I, that I was the only person 2 that voted for her 14 years ago. It appears 3 I'm the only person left from that Judiciary 4 Committee. 5 And I realized also, when I looked 6 at her background, that she must have been 7 14 years old when she first became a judge, 8 because she's been a judge for 37 years. 9 So I just do want to say that she's 10 not only an excellent jurist but a fine 11 person. And I voted for her 14 years ago, and 12 I'll do the same again. 13 THE PRESIDENT: Senator Krueger. 14 SENATOR LIZ KRUEGER: Thank you, 15 Mr. President. 16 I also rise to support Carmen 17 Ciparick and to say while Senator Perkins so 18 eloquently described why she is such a 19 valuable judge on our Court of Appeals and how 20 important it is that Governor Spitzer has 21 nominated her for a further term, when Senator 22 Perkins talked about her coming from the 23 neighborhood, she actually comes from my 24 neighborhood and lives in my district. 25 And so I am delighted to share her

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(518) 371-8910 1 with Senator Perkins historically, but to 2 congratulate her and to thank her for being 3 willing to sit yet again on the Court of 4 Appeals. Because as we all know, they face a 5 lot of controversy. This is not an easy job, 6 and there's a lot of pressure placed on our 7 judges today. 8 And it is so critical that we 9 continue to have independent judges who 10 understand the law and their role in 11 protecting us all. And she has truly proved 12 to be a heroine and hero of that mission. 13 So I'm very proud to have her as a 14 constituent and delighted that she will be 15 continuing on the Court of Appeals. 16 Thank you, Mr. President. 17 THE PRESIDENT: Senator Gonzalez. 18 SENATOR GONZALEZ: Thank you, 19 Mr. President. 20 I too rise in support of the 21 Honorable Carmen Beauchamp Ciparick. I was 22 part of the process back 14 years ago in 23 reaching through her selection process, and 24 she has made us proud in those 14 years. 25 And I congratulate the Governor for

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(518) 371-8910 1 renominating her, and I stand proudly in 2 support of this nomination. 3 Thank you, Mr. President. 4 THE PRESIDENT: Senator Saland. 5 SENATOR SALAND: Thank you, 6 Mr. President. 7 I get up most reluctantly. I don't 8 want to be responsible for raining or, as the 9 case may be, snowing on the judge's parade 10 today. So perhaps this will be considered a 11 drizzle or a snow flurry. 12 I'm not going to go into my 13 reasons. I spoke briefly at the Judiciary 14 meeting. Suffice it to say that I have 15 scrutinized over the course of the past 16 several nominations what I thought was the 17 relative positions of the nominees to the 18 Court of Appeals with respect to issues 19 involving the distinctively different roles 20 between the legislature and the judiciary. 21 And while I certainly have heard 22 nothing but kind and gracious things spoken of 23 Judge Ciparick, and she seems, by all 24 estimates, to be an extraordinarily kind and 25 gracious person -- somebody whom, by the way,

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(518) 371-8910 1 I did support when she came before this house 2 initially -- I have found that there's been 3 too many opinions coming from the Court of 4 Appeals in which I feel that the role of the 5 Legislature is being usurped. 6 And for that reason, I am going to 7 respectfully vote in the negative. 8 Thank you. 9 THE PRESIDENT: Senator Duane. 10 SENATOR DUANE: Thank you, 11 Mr. President. 12 I rise also to say what a terrific 13 judge Carmen Beauchamp Ciparick has been. And 14 it's been an honor to support her for -- I'm 15 not going to say how long, but a while. 16 And I also have to disclose that I 17 served on a jury in a case where the judge was 18 the judge, and I wasn't thrown off. But I did 19 make everyone stay overnight at the Milford 20 Plaza, which they don't do anymore. I held 21 out for a while, but -- my colleagues would be 22 shocked to hear this -- I ended up voting 23 guilty. Can you imagine? I know. I know. 24 But the judge knew that I could be fair. 25 And I never understand why that

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(518) 371-8910 1 defendant didn't take a plea bargain, to tell 2 you the truth, because he was really -- there 3 was no way around it. I felt bad for him. 4 But what are you gonna do. 5 Anyway, you know, she was worth 6 searching for on the ballot in 1984? 1983? 7 '83. You had to hunt her down. And you know 8 what? The voters of Manhattan hunted her 9 down. 10 And then she was hunted down to 11 serve on the Court of Appeals. And I've 12 agreed with every decision you have made 13 there. 14 So I'm thrilled that we get to keep 15 you so you get to kick us around for a little 16 while longer. Congratulations. 17 THE PRESIDENT: Senator 18 C. Johnson. 19 SENATOR CRAIG JOHNSON: Thank 20 you, Mr. President. I too rise to 21 congratulate and commend Judge Ciparick. 22 Like Senator Duane, I'll make a 23 full disclosure. But the congratulations is 24 one from St. John's Law School alumnus to a 25 St. John's Law School alumna to join our

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(518) 371-8910 1 fellow alum, Thomas Jones, on the court. I 2 thank you for putting in the hours and the 3 dedication that you do for the Court of 4 Appeals, and I just wish to say 5 congratulations. Thank you. 6 Thank you. 7 THE PRESIDENT: Senator 8 Hassell-Thompson. 9 SENATOR HASSELL-THOMPSON: Thank 10 you, Mr. President. I rise to second the 11 nomination of Judge Ciparick. 12 And I need to say, as I said this 13 morning in the committee meeting, that in 14 reading her record and listening to reports 15 about her from other jurists in Westchester 16 County and around the state, one of the things 17 that became very clear is that for all of the 18 kinds of decisions that she made, she is the 19 kind of person and certainly the kind of judge 20 that knows how to disagree without being 21 disagreeable. And I said then and I say now 22 that that's an art form that I am struggling 23 hard to achieve. 24 Congratulations to you, Judge, and 25 thank you for all the work that you have done

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(518) 371-8910 1 on behalf of the people of the State of 2 New York and the justice that you have brought 3 to your court. 4 THE PRESIDENT: Would any other 5 Senator wish to be speak on the nomination? 6 Hearing none, the question is on 7 the nomination -- we apologize. 8 Senator LaValle. 9 SENATOR LaVALLE: When you bring 10 it to a vote, Mr. President -- 11 THE PRESIDENT: We will bring it 12 to a vote right now, Senator. 13 SENATOR LaVALLE: Would the 14 record show that I am in opposition to the 15 nomination. 16 THE PRESIDENT: Yes. We're 17 coming to the vote now, Senator. 18 The question is on the nomination 19 of Judge Carmen Beauchamp Ciparick to the 20 New York State Court of Appeals. All those in 21 favor please indicate by saying aye. 22 (Response of "Aye.") 23 THE PRESIDENT: Those opposed? 24 (Response of "Nay.") 25 THE PRESIDENT: The record will

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(518) 371-8910 1 reflect Senator LaValle, Senator Seward, and 2 Senator Saland will be voting in the negative. 3 The nomination carries. 4 Judge Carmen Beauchamp Ciparick, 5 who began her legal career at Legal Aid in 6 1967 and then in 1969 became associate counsel 7 to the Judicial Conference, became an 8 administrative judge in the Court of the City 9 of New York in 1974, was appointed by Governor 10 Carey in 1978 to be acting Supreme Court 11 judge, and then was elected by many others, 12 including Senator Duane, in 1983, to the 13 New York State Supreme Court, and then in 1993 14 was nominated by Governor Mario Cuomo to the 15 Court of Appeals, and this is her 16 renomination. 17 She joins us this afternoon in the 18 East Gallery. Her daughter and husband were 19 unable to attend, but she is joined by several 20 friends and colleagues. 21 Thank you for your outstanding 22 service on the court in your first term, 23 Judge Ciparick, and please accept the 24 nomination of this body to serve for another 25 term on the Court of Appeals.

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(518) 371-8910 1 (Applause.) 2 THE PRESIDENT: The Secretary 3 will read. 4 THE SECRETARY: As a justice of 5 the Supreme Court of the Second Judicial 6 District, Honorable John A. Fusco, of Staten 7 Island. 8 THE PRESIDENT: The chair 9 recognizes Senator DeFrancisco. 10 SENATOR DeFRANCISCO: Mr. 11 President, I would move the nomination of the 12 Honorable John A. Fusco, of Staten Island, as 13 a justice of the Supreme Court of the Second 14 Judicial District. He currently serves as a 15 surrogate, and he's being appointed to fill an 16 unexpired term or to fill an opening on the 17 Supreme Court. 18 Prior to being on the Surrogate's 19 Court, he was a senior partner in a law firm 20 on Staten Island for 25 years, and his best 21 qualification is the fact that he was a solo 22 practitioner for a period of time. And that's 23 what we need more of on courts that hear cases 24 and that try matters for the people of this 25 state.

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(518) 371-8910 1 And the most important reason I'm 2 moving his nomination is the former chairman 3 of the Judiciary Committee called me about 4 Judge Fusco last week, trying to find out 5 what's going on because he wanted to get this 6 done by the end of the year. And when Chris 7 Mega speaks, I listen. 8 So I'm proud to move this 9 nomination. 10 THE PRESIDENT: On the 11 nomination, the chair recognizes Senator 12 Lanza. 13 SENATOR LANZA: Thank you, 14 Mr. President. 15 It is a distinct personal privilege 16 and honor to rise in support of the nomination 17 of Judge Fusco to the Supreme Court in the 18 Second Judicial District. 19 I've known Judge Fusco for many 20 years and have always admired the way he has 21 served the people, the way he has always put 22 the people first in his distinguished career 23 as both a member of the City Council and, over 24 the last nine years, as a Surrogate Court 25 judge.

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(518) 371-8910 1 He possesses all the qualities and 2 characteristics that you would want to see in 3 a judge. He is intelligent, he is dedicated, 4 he has the perfect judicial demeanor, he is 5 compassionate, he is knowledgeable in the law. 6 He has proven that over his lengthy career. 7 And it's really -- I want to thank 8 Chairman DeFrancisco, Senator Bruno, and the 9 Governor for recognizing that the people of 10 Staten Island will best be served by 11 continuing to have Judge Fusco serving them. 12 Again, I want to congratulate you, 13 Judge Fusco, and thank the Governor, 14 Senator Bruno, and Chairman DeFrancisco. 15 THE PRESIDENT: On the nomination 16 of Judge Fusco, the chair recognizes 17 Senator Savino. 18 SENATOR SAVINO: Savino. 19 (Laughter.) 20 SENATOR SABINI: Which one? 21 SENATOR SAVINO: Savino. 22 Thank you, Mr. President. 23 I also want to rise and 24 congratulate the Governor on this appointment 25 today. And I want to echo the sentiments of

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(518) 371-8910 1 my colleague Senator Lanza across the aisle on 2 what an honor it is to be here today to say 3 some kind words on behalf of John Fusco. 4 Staten Island is in fact a very 5 unique place where Democrats and Republicans 6 get along far more often than they don't. And 7 earlier this year, both parties joined 8 together to endorse Bob Gigante to succeed 9 John Fusco as a surrogate for Staten Island. 10 Our happiness on behalf of Bob 11 Gigante was only tempered by our sadness over 12 the fact that we were losing John Fusco as our 13 surrogate, sadly because he had reached that 14 age of retirement. So you can imagine our 15 delight when the Governor announced that he 16 was going to nominate him for this vacant 17 seat. 18 He's been a wonderful surrogate, a 19 great public official, an amazing Staten 20 Islander. And he has been a mentor and a 21 power of example for all of us who came behind 22 him as elected officials -- always quick with 23 advice, never gratuitous, always with the 24 interest of Staten Islanders in mind. 25 So I am so happy to be here today

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(518) 371-8910 1 to say congratulations to you, John Fusco. 2 THE PRESIDENT: And now the chair 3 recognizes Senator Sabini. 4 SENATOR SABINI: Thank you, 5 Mr. President. 6 I too rise in support of the 7 nomination by the Governor of John Fusco as a 8 justice of the Supreme Court so he can 9 continue to serve the public of Staten Island 10 as he's done so well as surrogate and as a 11 legislator. 12 For those of that you aren't 13 familiar with the workings of the New York 14 City Council, their hearing structure is much 15 different than ours. The hearings go on and 16 on and on. And we allow anyone from the 17 public to speak, anyone. And they do. 18 And what impressed me about serving 19 with John Fusco in a body where Republicans 20 were in a very, very distinct minority, where 21 they had very little clout, and where Judge 22 Fusco was, as Chairman DeFrancisco says, a 23 single practitioner of law, with a law 24 practice a good hour away from City Hall and 25 an hour commute from City Hall if he just

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(518) 371-8910 1 wanted to go home -- yet at committee meeting 2 after committee meeting, when the public 3 droned on and on -- and we're paid to be there 4 to listen, which is a good thing -- one of the 5 few people who would stay was the guy with the 6 longest commute and a guy who maybe could have 7 done other things with his time, and that was 8 Judge Fusco. 9 He always impressed me with not 10 only his work ethic but his sincere concern 11 for people in his district. 12 And as someone who represented a 13 district distinctly different than his -- he 14 could have done very well representing mine, 15 and I could have done very well representing 16 his -- he shared the passion of representing 17 people that so many of us in public life do, 18 but he cared even more than he was being held 19 responsible to do. He could have won that 20 district and come in every two weeks and cast 21 his votes on the floor and gone home. He 22 didn't do that. He didn't do that. 23 So he has my undying respect, and 24 I'm delighted that I'm here to be in the 25 chorus of support for the continued public

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(518) 371-8910 1 service of Judge John Fusco, and I'll be 2 voting in the affirmative. 3 Thank you. 4 THE PRESIDENT: Senator Golden. 5 SENATOR GOLDEN: Thank you, 6 Mr. President. 7 I too rise to congratulate a great 8 man. And, Senator DeFrancisco, it sounds like 9 he covered his base, Chris Mega; I don't think 10 he left a person out. He called myself as 11 well to say what a great man is becoming a 12 judge today in Staten Island, and the great 13 work and the great success that you've been 14 able to achieve. 15 I worked with you in the City 16 Council, and I've seen what you were able to 17 do in helping turn the city around, and the 18 state, and making it as successful as it is 19 today in bringing down the homicide rates and 20 the murder rates in the City of New York, 21 increasing the opportunity for education and 22 giving more opportunity for healthcare 23 throughout the City of New York, fighting that 24 landfill in Staten Island, and really doing 25 some heroic issues on Staten Island that

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(518) 371-8910 1 really changed the course of not only 2 Staten Island but that of the city and the 3 state of New York. 4 I wish you and Mary, your family, 5 your children, the greatest, happy, healthy 6 holiest Merry Christmas, a good New Year. 7 Congratulations. You're a good man. 8 Thank you. I vote aye. 9 THE PRESIDENT: Senator Maltese. 10 SENATOR MALTESE: Mr. President, 11 I rise too to add my accolades to Judge Fusco. 12 Certainly his years in the City 13 Council, the years as a law clerk, the years 14 in private practice, certainly eight years 15 known for his integrity, known for his 16 dedication, recognized by the bench and bar as 17 one of the finest judges and certainly one of 18 the finest surrogates in the State of 19 New York. A man who has given his life to the 20 public over these many, many years. 21 I congratulate also the spirit of 22 bipartisanship and nonpartisanship that 23 enables us to do this today. This is a very 24 good nomination for the Governor, for the 25 Majority Leader, for the people of Staten

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(518) 371-8910 1 Island, first and foremost. I congratulate 2 all in getting together to make this 3 nomination and look forward to many, many 4 years of service on the bench. 5 Congratulations to Judge Fusco. I 6 plan to vote aye. 7 THE PRESIDENT: Thank you, 8 Senator Maltese. 9 The chair recognizes Senator Duane, 10 on the nomination. 11 SENATOR DUANE: Thank you, 12 Mr. President. 13 I have to disclose that I served 14 with Judge Fusco in the golden years of the 15 New York City Council also. And did I not 16 just get off the phone with Fred Cerullo, who 17 I think is also a Staten Island person, who 18 sends his regards. 19 And, you know, I'm glad that 20 finally we were able to drag you up here to 21 Albany so that you can suffer like the rest of 22 us. Congratulations. I know you'll do a 23 great job, as you always have. 24 THE PRESIDENT: On the 25 nomination, all those in favor please indicate

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(518) 371-8910 1 so by saying aye. 2 (Response of "Aye.") 3 THE PRESIDENT: Opposed, nay. 4 (No response.) 5 THE PRESIDENT: Judge Fusco, 6 through Senators Lanza, Sabini, Savino, and 7 along with Senators Golden, Maltese and Duane, 8 the Senate has unanimously confirmed the 9 nomination by Governor Spitzer of your 10 appointment to the New York State Supreme 11 Court. 12 We know that you served as minority 13 whip in the New York City Council from 1992 to 14 1998. We hope that you will bring that same 15 strength to the Supreme Court of the State of 16 New York. 17 Congratulations for your 18 outstanding service, and best wishes on the 19 court. 20 (Applause.) 21 THE PRESIDENT: Senator Bruno. 22 SENATOR BRUNO: Mr. President, 23 can we ask for an immediate meeting of the 24 Finance Committee in the Majority Conference 25 Room, and, following that, a meeting of the

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(518) 371-8910 1 Rules Committee. 2 And while that is taking place, the 3 Senate will stand at ease and reconvene 4 immediately upon the committees making their 5 reports. 6 Thank you, Mr. President. 7 THE PRESIDENT: Thank you, 8 Senator Bruno. 9 There will be an immediate meeting 10 of the Finance Committee in the Majority 11 Conference Room, to be followed immediately by 12 a meeting of the Rules Committee in the 13 Majority Conference Room, Room 332. 14 The Senate stands at ease. 15 (Whereupon, the Senate stood at 16 ease at 3:43 p.m.) 17 ACTING PRESIDENT LANZA: Senator 18 DeFrancisco. 19 SENATOR DeFRANCISCO: There will 20 be an immediate meeting of the Rules Committee 21 in the Majority Conference Room. 22 ACTING PRESIDENT LANZA: There 23 will be an immediate meeting of the Rules 24 Committee in the Majority Conference Room. 25 (Whereupon, the Senate reconvened

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(518) 371-8910 1 at 4:45 p.m.) 2 ACTING PRESIDENT WRIGHT: Senator 3 Skelos. 4 SENATOR SKELOS: Mr. President, 5 if we could return to reports of standing 6 committees, for the report of the Rules 7 Committee. 8 ACTING PRESIDENT WRIGHT: Reports 9 of standing committees. 10 The Secretary will read the report 11 of the Rules Committee. 12 THE SECRETARY: Senator Bruno, 13 from the Committee on Rules, reports the 14 following bills: 15 Restored, Senate Print 6489A, by 16 Senator Marcellino, an act to amend the Labor 17 Law. 18 Reported, Senate Print 714, by 19 Senator Breslin, an act to amend the Town Law; 20 1921, by Senator Robach, an act to 21 amend the Penal Law; 22 6436, by Senator Libous, an act to 23 authorize; 24 6458, by Senator Larkin, an act to 25 amend the Education Law;

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(518) 371-8910 1 6486, by Senator Little, an act to 2 amend Chapter 400 of the Laws of 2007; 3 6491, by Senator Morahan, an act to 4 amend the Retirement and Social Security Law; 5 6493, by Senator Leibell, an act to 6 amend the Labor Law; 7 6501, by Senator Flanagan, an act 8 to amend the Economic Development Law; 9 6503, by Senator Marcellino, an act 10 to amend the Environmental Conservation Law; 11 6512A, by Senator Larkin, an act to 12 amend the Tax Law; 13 6513, by Senator Leibell, an act to 14 amend the Tax Law; 15 6549, by Senator Fuschillo, an act 16 to amend the Education Law; 17 And Senate Print 6550, by Senator 18 DeFrancisco, an act to amend the Judiciary 19 Law. 20 All bills ordered direct to third 21 reading. 22 SENATOR SKELOS: Mr. President. 23 ACTING PRESIDENT WRIGHT: Senator 24 Skelos. 25 SENATOR SKELOS: Move to accept

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(518) 371-8910 1 the report of the Rules Committee. 2 ACTING PRESIDENT WRIGHT: All 3 those in favor of accepting the report of the 4 Rules Committee signify by saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT WRIGHT: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT WRIGHT: The 10 report is accepted. 11 Senator Skelos. 12 SENATOR SKELOS: Mr. President, 13 if we could go to motions and resolutions, I 14 believe Senator Robach has a motion to make at 15 this time. 16 ACTING PRESIDENT WRIGHT: Motions 17 and resolutions. 18 Senator Robach. 19 SENATOR ROBACH: Mr. President, I 20 wish to call up my bill, Print Number 1703, 21 recalled from the Assembly, which is now at 22 the desk. 23 ACTING PRESIDENT WRIGHT: The 24 Secretary will read. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 1455, by Senator Robach, Senate Print 1703, an 2 act to amend the Criminal Procedure Law. 3 SENATOR ROBACH: I now move to 4 reconsider the vote by which the bill was 5 passed. 6 ACTING PRESIDENT WRIGHT: Call 7 the roll on reconsideration. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 SENATOR ROBACH: Mr. President, I 11 now offer the following amendments. 12 ACTING PRESIDENT WRIGHT: The 13 amendments are received and adopted. 14 SENATOR ROBACH: I now move to 15 recommit the bill to the Committee on Rules. 16 ACTING PRESIDENT WRIGHT: So 17 ordered. 18 Senator Bruno. 19 SENATOR BRUNO: Mr. President, 20 can we return to the reports of standing 21 committees. 22 I believe there's a report from the 23 Finance Committee at the desk, and I ask that 24 it be read. 25 ACTING PRESIDENT WRIGHT: Reports

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(518) 371-8910 1 of standing committees. 2 The Secretary will read the report 3 of the Finance Committee. 4 THE SECRETARY: Senator O. 5 Johnson, from the Committee on Finance, 6 reports the following nominations. 7 As a member of the Public Service 8 Commission, Garry Brown, of Averill Park. 9 ACTING PRESIDENT WRIGHT: Senator 10 Johnson. 11 SENATOR OWEN JOHNSON: Move the 12 nomination. 13 ACTING PRESIDENT WRIGHT: Senator 14 Bruno. 15 SENATOR BRUNO: Mr. President, 16 the nomination before us has been submitted by 17 the Governor. And this is a constituent of 18 mine, Garry Brown, here with his wife, Linda. 19 Now, we're probably 10 or 15 20 minutes apart, up in the beautiful hills of 21 Rensselaer County. And that by itself would 22 probably qualify Garry for such an important 23 position as a member of the Public Service 24 Commission. 25 But the Governor, in his wisdom,

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(518) 371-8910 1 has recognized that these are challenging 2 times when it comes to energy and all of the 3 related subjects in New York State, so we need 4 a real professional there. 5 Garry Brown is a professional -- 6 academically, through the University in 7 Plattsburgh, master's, 30 years of experience 8 in energy and in the industry, in-depth as an 9 analyst, as vice president of the Independent 10 Power Producers, and now, with our support, to 11 be confirmed for commissioner of the Public 12 Service Commission. 13 Challenging -- nuclear, coal, 14 hydro, wind, solar. One of the greatest needs 15 we have in our lives is adequate power for 16 energy, in industry and the professions, in 17 you name it. So this is a challenging 18 position at this time, a very rewarding 19 position at this time. And we're indebted to 20 Garry and his family for committing themselves 21 to this public service. 22 So I am honored to move this 23 nomination on behalf of Garry Brown and all 24 the people of this state. 25 ACTING PRESIDENT WRIGHT: Any

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(518) 371-8910 1 other member wishing to be heard? 2 The question is on the nomination 3 of Garry Brown, for appointment as a member of 4 the New York State Public Service Commission. 5 All those in favor signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT WRIGHT: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT WRIGHT: The 11 ayes have it. 12 Congratulations, Mr. Brown, you 13 have been confirmed by the New York State 14 Senate. On behalf of its members and the 15 Majority Leader, Joe Bruno, we extend our 16 congratulations to you and your lovely wife, 17 Linda. 18 And from a personal perspective, as 19 chair, I'm very pleased that we were able to 20 confirm your nomination. Every success to 21 you, Garry. Thank you. 22 (Applause.) 23 ACTING PRESIDENT WRIGHT: The 24 Secretary will read. 25 THE SECRETARY: As Welfare

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(518) 371-8910 1 Inspector General, Sean Courtney, of Forest 2 Hills. 3 ACTING PRESIDENT WRIGHT: Senator 4 Johnson. 5 SENATOR OWEN JOHNSON: Move the 6 nomination. 7 ACTING PRESIDENT WRIGHT: Senator 8 Johnson moves the nomination. 9 Senator Skelos. 10 SENATOR SKELOS: Mr. President, 11 at our recent Finance Committee meeting, I had 12 asked certain questions of the nominee. And 13 in light of the fact that we have to vote 14 today, so we can't necessarily wait for an 15 answer, I did not, in my opinion, receive an 16 adequate response concerning Governor 17 Spitzer's proposal to eliminate finger-imaging 18 for certain food stamp recipients. 19 I think it's very important that 20 there be finger-imaging. It's the front line 21 of defense in terms of avoiding fraud. The 22 nominee in October had indicated the same. 23 So it is my position at this time 24 that I cannot vote for the nominee, although 25 as I've said with other nominees, such as the

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(518) 371-8910 1 chairman of the MTA, because I was concerned 2 about fares -- and certainly I was proved 3 correct there -- I look forward to working 4 with him, even though at this time I cannot 5 vote for the nomination. 6 ACTING PRESIDENT WRIGHT: The 7 record shall so reflect. 8 Any other member wishing to be 9 heard on the nomination? 10 The nomination of Sean Courtney as 11 Welfare Inspector General is before the 12 Senate. All those in favor signify by saying 13 aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT WRIGHT: Nay? 16 (Response of "Nay.") 17 ACTING PRESIDENT WRIGHT: Senator 18 Skelos. 19 SENATOR SKELOS: Mr. President, 20 if the record will indicate that I have voted 21 in the negative. 22 ACTING PRESIDENT WRIGHT: The 23 record will indicate Senator Skelos has voted 24 in the negative. 25 The nomination is approved.

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(518) 371-8910 1 Mr. Courtney, congratulations 2 extended to you. There you are, thank you. 3 Mr. Courtney is joined by his wife, 4 Carol, and his daughter, Alison. 5 (Applause.) 6 ACTING PRESIDENT WRIGHT: On 7 behalf of Senator Bruno and the entire 8 New York State Senate, we extend our 9 congratulations to you on your confirmation, 10 and our best wishes to you and your family. 11 The Secretary will read. 12 THE SECRETARY: As members of the 13 New York State Financial Control Board, 14 Lawrence E. Golub, of New York City, and 15 Jeffrey S. Halis, of New York City. 16 As a public member of the State 17 Banking Board, Barbara Kent, of Staten Island. 18 As members of the State 19 Environmental Board, Thomas Walter O'Brien, of 20 Oneonta, and James W. Ransom, of Rooseveltown. 21 As a member of the Mental Health 22 Services Council, Glenn Liebman, of Albany. 23 As a member of the Advisory Council 24 on Alcoholism and Substance Abuse Services, 25 Herbert Barish, of Nyack.

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(518) 371-8910 1 As a member of the Board of 2 Visitors of the Brooklyn Children's 3 Psychiatric Center, Patricia O. Moses, of 4 Brooklyn. 5 As members of the Board of Visitors 6 of the Central New York Developmental 7 Disabilities Services Office, Sally W. 8 Johnston, of Syracuse; Frederick Niebuhr, of 9 Rome; and Shirley Mary Wilcox, of Little 10 Falls. 11 As a member of the Board of 12 Visitors of the Creedmoor Psychiatric Center, 13 Joel A. Miele, Sr., of Howard Beach. 14 As a member of the Board of 15 Visitors of the Finger Lakes Developmental 16 Disabilities Services Office, Joseph A. 17 VanHaelst, of Newark. 18 As a member of the Board of 19 Visitors of the Kingsboro Psychiatric Center, 20 Miriam Rocoff, of Brooklyn. 21 As members of the Board of Visitors 22 of the Long Island Developmental Disabilities 23 Services Office, Lita Cohen, of Bellmore, and 24 Itta Ross, of Great Neck. 25 And as a member of the Board of

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(518) 371-8910 1 Visitors of the Staten Island Developmental 2 Disabilities Services Office, James T. 3 Roberts, of Staten Island. 4 ACTING PRESIDENT WRIGHT: The 5 question is on the confirmation of the 6 nominees as read by the Secretary. All those 7 in favor signify by saying aye. 8 (Response of "Aye.") 9 ACTING PRESIDENT WRIGHT: 10 Opposed, nay. 11 (No response.) 12 ACTING PRESIDENT WRIGHT: The 13 nominations are carried. 14 Congratulations to the nominees. 15 Senator Bruno. 16 SENATOR BRUNO: Mr. President, 17 can we at this time have the noncontroversial 18 reading of the calendar. 19 ACTING PRESIDENT WRIGHT: The 20 Secretary will read. 21 THE SECRETARY: Calendar Number 22 2171, by Senator Marcellino, Senate Print 23 6489A, an act to amend the Labor Law. 24 ACTING PRESIDENT WRIGHT: Read 25 the last section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT WRIGHT: Call 4 the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 57. 7 ACTING PRESIDENT WRIGHT: The 8 bill is passed. 9 THE SECRETARY: In relation to 10 Calendar Number 2189, Senator Breslin moves to 11 discharge, from the Committee on Rules, 12 Assembly Bill Number 8305 and substitute it 13 for the identical Senate Bill Number 714, 14 Third Reading Calendar 2189. 15 ACTING PRESIDENT WRIGHT: The 16 substitution is ordered. 17 The Secretary will read. 18 THE SECRETARY: Calendar Number 19 2189, by Member of the Assembly Gordon, 20 Assembly Print Number Print 8305, an act to 21 amend the Town Law. 22 ACTING PRESIDENT WRIGHT: Read 23 the last section. 24 THE SECRETARY: Section 2. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT WRIGHT: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 57. 5 ACTING PRESIDENT WRIGHT: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2190, by Senator Robach, Senate Print 1921, an 9 act to amend the Penal Law and the Criminal 10 Procedure Law. 11 ACTING PRESIDENT WRIGHT: Read 12 the last section. 13 THE SECRETARY: Section 18. This 14 act shall take effect on the first of 15 November. 16 ACTING PRESIDENT WRIGHT: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 57. 20 ACTING PRESIDENT WRIGHT: The 21 bill is passed. 22 THE SECRETARY: In relation to 23 Calendar Number 2191, Senator Libous moves to 24 discharge, from the Committee on Rules, 25 Assembly Bill Number 7157 and substitute it

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(518) 371-8910 1 for the identical Senate Bill Number 6436, 2 Third Reading Calendar 2191. 3 ACTING PRESIDENT WRIGHT: The 4 substitution is so ordered. 5 The Secretary will read. 6 THE SECRETARY: Calendar Number 7 2191, by Member of the Assembly Finch, 8 Assembly Print Number 7157, an act to 9 authorize the conveyance. 10 ACTING PRESIDENT WRIGHT: Read 11 the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT WRIGHT: Call 15 the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 57. 18 ACTING PRESIDENT WRIGHT: The 19 bill is passed. 20 THE SECRETARY: Calendar Number 21 2192, by Senator Larkin, Senate Print 6458, an 22 act to amend the Education Law. 23 ACTING PRESIDENT WRIGHT: Read 24 the last section. 25 THE SECRETARY: Section 2. This

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(518) 371-8910 1 act shall take effect on the same date and in 2 the same manner as Chapter 510 of the Laws of 3 2007. 4 ACTING PRESIDENT WRIGHT: Call 5 the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 57. 8 ACTING PRESIDENT WRIGHT: The 9 bill is passed. 10 THE SECRETARY: Calendar Number 11 2193, by Senator Little, Senate Print 6486, an 12 act to amend Chapter 400 of the Laws of 2007. 13 ACTING PRESIDENT WRIGHT: Read 14 the last section. 15 THE SECRETARY: Section 3. This 16 act shall take effect immediately. 17 ACTING PRESIDENT WRIGHT: Call 18 the roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes, 57. 21 ACTING PRESIDENT WRIGHT: The 22 bill is passed. 23 THE SECRETARY: Calendar Number 24 2194, by Senator Morahan, Senate Print 6491, 25 an act to amend the Retirement and Social

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(518) 371-8910 1 Security Law. 2 ACTING PRESIDENT WRIGHT: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT WRIGHT: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT WRIGHT: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 2195, by Senator Leibell, Senate Print 6493, 14 an act to amend the Labor Law. 15 ACTING PRESIDENT WRIGHT: Read 16 the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the same date and in 19 the same manner as Chapter 629 of the Laws of 20 2007. 21 ACTING PRESIDENT WRIGHT: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 56. Nays, 25 1. Senator Seward recorded in the negative.

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(518) 371-8910 1 ACTING PRESIDENT WRIGHT: The 2 bill is passed. 3 THE SECRETARY: Calendar Number 4 2196, by Senator Flanagan, Senate Print 6501, 5 an act to amend the Economic Development Law. 6 ACTING PRESIDENT WRIGHT: Read 7 the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT WRIGHT: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 57. 14 ACTING PRESIDENT WRIGHT: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 2197, by Senator Marcellino, Senate Print 18 6503, an act to amend the Environmental 19 Conservation Law. 20 ACTING PRESIDENT WRIGHT: Read 21 the last section. 22 THE SECRETARY: Section 5. This 23 act shall take effect on the same date and in 24 the same manner as Chapter 674 of the Laws of 25 2007.

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(518) 371-8910 1 ACTING PRESIDENT WRIGHT: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 57. 5 ACTING PRESIDENT WRIGHT: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 2198, by Senator Larkin, Senate Print 6512A, 9 an act to amend the Tax Law and the Racing, 10 Pari-Mutuel Wagering and Breeding Law. 11 ACTING PRESIDENT WRIGHT: Read 12 the last section. 13 THE SECRETARY: Section 4. This 14 act shall take effect immediately. 15 ACTING PRESIDENT WRIGHT: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 56. Nays, 19 1. Senator Padavan recorded in the negative. 20 ACTING PRESIDENT WRIGHT: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 2199, by Senator Leibell, Senate Print 6513, 24 an act to amend the Tax Law. 25 ACTING PRESIDENT WRIGHT: Read

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(518) 371-8910 1 the last section. 2 THE SECRETARY: Section 3. This 3 act shall take effect on the same date and in 4 the same manner as Chapter 596 of the Laws of 5 2007. 6 ACTING PRESIDENT WRIGHT: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 57. 10 ACTING PRESIDENT WRIGHT: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 2200, by Senator Fuschillo, Senate Print 6549, 14 an act to amend the Education Law. 15 ACTING PRESIDENT WRIGHT: Read 16 the last section. 17 THE SECRETARY: Section 4. This 18 act shall take effect immediately. 19 ACTING PRESIDENT WRIGHT: Call 20 the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 57. 23 ACTING PRESIDENT WRIGHT: The 24 bill is passed. 25 THE SECRETARY: Calendar Number

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(518) 371-8910 1 2201, by Senator DeFrancisco, Senate Print 2 6550, an act to amend the Judiciary Law and 3 the New York City Civil Court Act. 4 ACTING PRESIDENT WRIGHT: Read 5 the last section. 6 THE SECRETARY: Section 7. This 7 act shall take effect immediately. 8 ACTING PRESIDENT WRIGHT: Senator 9 DeFrancisco. 10 SENATOR DeFRANCISCO: I'd just 11 like to explain my vote. 12 This is the second judicial pay 13 raise bill that has come before this house. 14 And this bill basically decouples a potential 15 legislative pay raise from judges' pay raises. 16 I don't think anybody in either 17 house feels, on the merits, that judges should 18 not receive salary increases. And this would 19 result in a 20.84 percent increase retroactive 20 to January 1 of this year, which is a very 21 healthy salary increase which is long overdue 22 and well deserved. 23 The point I'd like to make, 24 however, is I don't know quite how many 25 versions we have to pass in the Senate before

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(518) 371-8910 1 the Assembly decides that they're going to do 2 something concerning judicial pay raises. And 3 over the last several months, the criticism 4 has been equally given across to all members 5 of the Legislature that we are the ones who 6 are not providing pay increases for judges. 7 Now, I guess it's pretty clear now 8 that the Assembly has two choices -- hopefully 9 we won't have to give them a third -- whereby 10 they could come to Albany, do some business, 11 and one of those pieces of business should be 12 passing one of these pay raise bills. Because 13 it's long overdue, and it should have been 14 done many years ago. 15 But now it's here, two are on the 16 table, come and get it done, please, members 17 of the Assembly. 18 ACTING PRESIDENT WRIGHT: Senator 19 Schneiderman. 20 SENATOR SCHNEIDERMAN: Thank you, 21 Mr. President. To explain my vote. 22 I am sorry that -- I will vote in 23 favor of this bill, but I'm sorry that we've 24 come to this point in the year and this is all 25 we've got to show for our overworked and

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(518) 371-8910 1 undercompensated judiciary. I have seen a lot 2 of games played with one-house bills over the 3 years, but this frankly is beyond the pale. 4 The Majority conference is not 5 taking a bold stance in favor of pay raises 6 for the judiciary. What you guys are doing is 7 taking a beautiful Tiffany box, wrapping it up 8 in silver paper, putting it under the judicial 9 tree and when they open it, it is just a lump 10 of coal, gentlemen and ladies. 11 This is not how you pass a bill. 12 Let me call your attention to the history of 13 the issue of legislation to raise the pay of 14 the judiciary. 15 Governor Eliot Spitzer introduced a 16 Governor's program bill earlier this year 17 decoupling raises for the judiciary from 18 raises for legislators. The bill was referred 19 to your conference. It was put in on May 22nd 20 of this year, referred to Finance. No Senate 21 cosponsors, never circulated, never sent to 22 the Assembly, no effort made to pass it. 23 I saw this was happening for 24 several weeks, talked to some of my colleagues 25 on the Democratic pro-judiciary side of this

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(518) 371-8910 1 house. We put in a bill on June 21st of this 2 year, circulated it. Twenty-six Senate 3 Democratic cosponsors, no Republican 4 cosponsors. Went over to the Assembly and got 5 an Assembly sponsor, the distinguished and 6 esteemed and well-respected Assemblywoman 7 Linda Rosenthal. So we have a bill, and we've 8 been trying to move it. 9 So now you come out with this bill 10 that was only filed on December 10th -- it 11 hasn't been circulated, it hasn't got an 12 Assembly sponsor -- so that you can posture 13 and pretend to the judges out there that you 14 are doing something for them before 15 December 31st. 16 Ladies and gentlemen, let's be 17 honest with the judiciary. We are undermining 18 the most significant judiciary in the 20th 19 century -- and I hope in the new century 20 too -- in the nation. We are undermining a 21 great bench, and there are people just 22 leaving. 23 So let's be honest with ourselves. 24 When associates, junior associates in our 25 largest firms are paid $165,000, $175,000 a

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(518) 371-8910 1 year, it is a disgrace for us to pay judges 2 what we pay them. 3 Let us take action. Please join 4 with those of us in this conference who have 5 signed on to a bill to raise the salaries of 6 judges, and let's actually do something. I'm 7 very disappointed that we're making this 8 hollow gesture, giving the judges one more 9 lump of coal. 10 This is a critical -- you know, 11 look, I'm a lawyer, I know a lot of people who 12 are judges. This is very personal to me. But 13 for every man, woman and child in this state, 14 to have a judiciary that is disgruntled, that 15 is underpaid, that is undercompensated, that's 16 out looking for work, that undermines 17 democracy. 18 And I would like to urge you to 19 heed the words of John Marshall, the greatest 20 chief justice, who said: "The greatest 21 scourge an angry heaven ever inflicted upon an 22 ungrateful or a sinning people was an 23 ignorant, corrupt, or dependent judiciary." 24 Now, if we're not going to support 25 our judiciary, if we're going to make them beg

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(518) 371-8910 1 for crumbs, and if we're going to play games 2 on Christmas Eve, we deserve -- I suppose that 3 we qualify as an ungrateful or sinning people. 4 Let's not do that, ladies and 5 gentlemen. We may be back here again. We may 6 have other opportunities. Let's do what my 7 conference has proposed. Let's raise the 8 salaries for judges. Let's get them out of 9 this thicket, and let's do the right thing by 10 the judiciary of the State of New York. There 11 are great judges out there waiting for us to 12 take action. They can't help themselves; it's 13 up to us. 14 I vote yes, Mr. President, but I 15 vote yes with the understanding that when this 16 beautiful box is opened, it's not going to be 17 the gift the judges are waiting for. 18 Thank you. 19 ACTING PRESIDENT WRIGHT: Senator 20 Schneiderman will be recorded in the 21 affirmative. 22 I remind the members we are on a 23 noncontroversial roll call. 24 Senator Skelos, to explain his 25 vote.

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(518) 371-8910 1 SENATOR SKELOS: Thank you, 2 Mr. President. If I could explain my vote. 3 I want to congratulate Senator 4 Bruno for bringing this bill out today and 5 certainly taking a very bold move in terms of 6 uncoupling what has been a tradition in Albany 7 of pegging legislative raises to judicial 8 raises. 9 My good friend Senator 10 Schneiderman -- and I'm glad you're voting 11 yes -- sometimes has the habit of, when he's 12 not sure where he's at, speaking quickly. And 13 to say that this is a one-house bill and that 14 it's basically a charade is wrong, because the 15 Governor has asked us to pass this bill. 16 And all you need is the Assembly to 17 come back next week, be responsible, as this 18 body has been, pass the bill, and Governor 19 Spitzer has indicated he will sign it. 20 Now, this is our second attempt to 21 do what's right by our judiciary. Earlier in 22 the year there was a bill that -- I believe it 23 was sponsored by everybody in this house, 24 unanimously. Everybody sponsored it in this 25 house, to set up a commission, basically

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(518) 371-8910 1 Judge Kaye's commission that she recommended 2 in terms of making a recommendation concerning 3 judicial salaries, commissioners' salaries, 4 legislators' salaries. 5 And lo and behold, the bill came up 6 for a vote and just can't figure it out that 7 all of a sudden all of my good friends on the 8 Democrat side of the aisle who had sponsored 9 the bill -- except for you, Senator, okay -- 10 voted against it. Voted against it. 11 So again, this is an attempt by 12 this Majority to do what's right by our 13 judiciary, uncouple it from what has been a 14 tradition in Albany and do what's right by our 15 judiciary. 16 So, Senator Schneiderman, and to my 17 good friends on the Democrat side of the 18 aisle, I would suggest that you contact 19 Speaker Silver, get them back, pass the bill, 20 the Governor will sign it. 21 So, Mr. President, I will be voting 22 yes on this bill. 23 ACTING PRESIDENT WRIGHT: Senator 24 Skelos will be recorded in the affirmative. 25 Senator Diaz.

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(518) 371-8910 1 SENATOR DIAZ: Thank you, 2 Mr. President. 3 I was honored and proud to vote yes 4 last time because I figured out that it was a 5 good bill, an overdue bill. It was supposed 6 to be done a long time ago. I think that our 7 judges deserve the increase of salary. 8 But many people thought or said at 9 that time that we were voting on that bill 10 because that bill included also a commission 11 that would deal with an increase of salary for 12 us. And because the bill included a salary 13 increase for us, so the Governor decided and 14 the Assembly and everybody decided that we 15 should vote against that bill. 16 Today, today the bill that is in 17 front of us does not include us. Only for 18 judges. So there is no reason why we are here 19 discussing this bill. I don't see any reason 20 why we're talking about it. It's a good bill. 21 It has nothing to do with us, it's only for 22 the judges. 23 So, ladies and gentlemen, as a 24 Democrat, I'm voting, I'm supporting, I'm 25 proud -- I congratulate Senator DeFrancisco

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(518) 371-8910 1 for introducing the bill. And as a Democrat, 2 I'm calling, I'm calling on my fellow 3 Democrats to support this bill. 4 I'm calling on the Assembly members 5 to come back before the year is over, do the 6 right thing, stop playing politics with the 7 judges, stop using this as a football. And 8 let's vote yes and let's get over with it, 9 let's give the judges what they deserve. 10 Ladies and gentlemen, Sheldon Silver and my 11 son and all the Democratic Assembly, come back 12 and vote yes for this bill. 13 Thank you. 14 ACTING PRESIDENT WRIGHT: Senator 15 Diaz will be recorded in the affirmative. 16 Is there any other member wishing 17 to explain their votes? 18 Senator Connor. 19 SENATOR CONNOR: Thank you, 20 Mr. President. 21 You know, we kind of lose the point 22 here when we talk about the judges deserve a 23 pay raise and so on and so forth. What we 24 miss is really the constitutional 25 underpinning, and that is the independence of

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(518) 371-8910 1 the judiciary. 2 Which in our constitution, you 3 know, we can't diminish their salaries. It 4 says we can't. The independence of the 5 judiciary requires a consistent level of 6 living for people in the judiciary to maintain 7 their independence as well as the quality of 8 attracting people. 9 Now, I'm voting for this, but this 10 doesn't even do it. If you look at history, 11 once upon a time in the early part of the last 12 century, in the 1920s, people routinely, even 13 through the '40s, routinely quit Congress to 14 be a New York State Supreme Court justice 15 because it paid so much more than a member of 16 Congress got. 17 Not so long ago, when I got out of 18 law school -- not so short a time, either -- I 19 started as an associate in a very large 20 Wall Street law firm at the magnificent sum of 21 $16,000 a year. And that was a lot of money 22 then, in 1970, it really was. Teachers were 23 starting at $4,000, whatever. But a State 24 Supreme Court justice then made I think it was 25 $38,000 or $39,000 a year, more than twice

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(518) 371-8910 1 what a starting associate at a large law firm 2 in Manhattan made. Now they start at 3 $165,000. 4 What I'm suggesting is we've failed 5 our constitutional responsibility over a 6 period of years. So this bill does some 7 justice, but it doesn't restore that concept 8 that the judiciary should be independent from 9 anybody's whims about what they should make. 10 What ultimately will do it is a 11 commission, which should have been established 12 decades ago, to do cost-of-living increases. 13 And therefore, by the way, linking judicial 14 salaries to ours, which we're not doing in 15 this bill, is not just a tradition. I think 16 it was wrong. I don't like linking. 17 What we're talking about linking is 18 I don't like that the last Governor, and it 19 appears this Governor, seems to link 20 legislative pay raises to pieces of 21 legislation about which some of us support and 22 some of us oppose. When the last Governor did 23 it, it was charter schools versus a pay raise. 24 Well, if you didn't believe in charter 25 schools, what were you supposed to do?

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(518) 371-8910 1 Abandon your beliefs to get a pay raise? And 2 unbelievably, some editorial writers think we 3 should do that. 4 You know, I remember Governors who 5 didn't link it. When the business was done of 6 the Legislature, they would say to the 7 leaders, you know, it's been four years or six 8 years, we should do a pay raise bill. Because 9 it was the right thing to do, not because it 10 was linked to this and you give me this or you 11 give me that. 12 So it's good we're taking away the 13 link between the judges and everything else. 14 But I think if we're really going to change 15 Albany and change the culture here, we have to 16 start voting on individual pieces of bills, 17 whether they're a pay raise or a form measure, 18 whatever, on their merits, the way we 19 represent our constituents and our 20 consciences. And not, well, I really hate 21 this, but I'll vote for it because I'll get 22 this or that. 23 I just think that's about the 24 Albany dysfunction that's crept in over the 25 last couple of decades. And this is a small

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(518) 371-8910 1 part, perhaps, in ending that, but by no means 2 are we there. 3 Thank you, Mr. President. 4 ACTING PRESIDENT WRIGHT: How do 5 you vote, Senator Connor? 6 SENATOR CONNOR: I vote aye. 7 ACTING PRESIDENT WRIGHT: Senator 8 Connor will be recorded in the affirmative. 9 Senator Adams. 10 SENATOR ADAMS: Thank you. 11 Last week I had the opportunity to 12 testify at the PERB hearing for raises for our 13 police officers, because I believe that 14 New York City police officers and the job that 15 they've done throughout the years is deserving 16 of an increase that's comparable to their 17 counterparts throughout the state. 18 And I'm not embarrassed to say that 19 although on record this is supposed to be a 20 part-time job, but anyone that does just eight 21 hours or seven hours for half a term for half 22 a year -- you and I all know that there's 23 nothing part-time about being a State Senator. 24 And as we continue to be 25 embarrassed to say we deserve to be paid

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(518) 371-8910 1 comparable to City Councilpersons in New York 2 City that makes well over $100,000, I don't 3 know how some of you are living, to tell you 4 the truth, on $79,000. You qualify for public 5 assistance. 6 This is a joke. This is a joke. 7 Our staff is not being paid enough. We're not 8 being paid enough. And we're allowing people 9 to tell us that we should not look for a raise 10 increase. 11 Yes, the judges should get a raise. 12 Yes, I support this bill that judges should 13 get a raise. But our raises should not be 14 connected to anything but we deserve to get a 15 raise. Six, seven, eight years without a 16 raise? And we are nine years and we are 17 ashamed to go in front of our constituents and 18 say yes, we deserve a raise? 19 I don't care what paper -- let the 20 editorial boards from Buffalo to New York 21 state that they will go eight years, nine 22 years without a raise. Let any private 23 entity, let Wall Street state that during 24 Christmastime they're going to turn down their 25 bonuses because they didn't do a good job with

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(518) 371-8910 1 the stock market and with our hedge funds and 2 my terrible 401(k) value that keeps going down 3 and down. Let them turn down their raise. 4 Let everyone that states that what they do is 5 comparable to should they get an increase or 6 not. 7 Don't be insulted for yourselves. 8 You should be insulted for your children that 9 you are not allowed to give your children an 10 affordable, decent form of living. Because 11 all of us know when we're up here, our 12 children are down there. When we are in 13 Albany, unlike the Post editorial and the 14 Buffalo editorial, when they go home and spend 15 time with their children, we're up here in 16 Albany. Half the year we don't see our 17 family. 18 And we are ashamed to say we 19 deserve a raise. Well, I'll be darned if I'm 20 ashamed to say it. I deserve a raise. I 21 deserve to be paid more. And I'm only a 22 freshman, and I'm already complaining. We 23 better vote on a raise and make sure we get 24 paid more. And I say that to the Governor, I 25 say that to the Mayor, I say that to anyone.

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(518) 371-8910 1 And anyone here that believes you 2 are so marginal that you all want to be 3 paupers, then you do it on your own. Give 4 me -- show me the money. Show me the money. 5 That's what it's all about. 6 We deserve more money. We deserve 7 to be paid for the job we're doing. We 8 deserve to be spending hours away from our 9 family. We deserve to be attending countless 10 numbers of community events. We deserve to be 11 hearing countless number of complaints from 12 our constituents and finding solutions. We 13 deserve the time that we spend trying to 14 figure out how to make government friendly and 15 squeeze hope into the hands of people who feel 16 hopeless. We deserve to be paid for doing our 17 job. 18 And so yes, the judges deserve to 19 get an increase. They deserve for the time 20 they sit on the bench -- 21 ACTING PRESIDENT WRIGHT: Senator 22 Adams, I believe you've made your point in the 23 two minutes. How do you vote? 24 SENATOR ADAMS: I deserve a 25 raise. And I believe that the judges do also.

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(518) 371-8910 1 I vote in favor. 2 (Laughter.) 3 ACTING PRESIDENT WRIGHT: You're 4 not paid by the hour, Senator. Thank you. 5 (Laughter.) 6 ACTING PRESIDENT WRIGHT: If 7 there's no other Senators wishing to explain 8 their vote. 9 Senator Bruno. 10 SENATOR BRUNO: Thank you, 11 Mr. President and colleagues. 12 You know, I listened with great 13 interest at the observations and the comments. 14 And in the spirit of the season, I am going to 15 be as kind and generous as I can be. 16 Senators, please, examine your own 17 consciences. We voted, Senator, for a bill, 18 early this year, in regular session, to give 19 judiciary a raise, to create commissions. You 20 all sponsored the bill and voted against it, 21 unanimously -- with one man with great vision 22 and wisdom -- 23 (Laughter.) 24 SENATOR BRUNO: -- Senator Diaz. 25 (Laughter.)

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(518) 371-8910 1 SENATOR BRUNO: Now, with the 2 bill that's before us, the Governor supports 3 it, Mayor Bloomberg supports it, Judge Kaye 4 and the judiciary have originated this bill. 5 So I will remind you -- and if you 6 haven't seen the support memo from the 7 Governor, then you'd better correct 8 yourselves -- there are three separate 9 branches of government in this state, 10 legislative, executive and judiciary. 11 We are addressing the judiciary, as 12 our chairman indicated and described. And 13 they're getting a well-deserved raise for the 14 good work that they do, their commitment, 15 their dedication, their self-sacrificing. 16 Many of them, with their decisions, taking 17 their lives in their hands. Doing the right 18 things, just as we do so many times. To each 19 his own. We are addressing a separate branch 20 of government, the judiciary. 21 Now, wouldn't it be nice if we had 22 a partner, here in the Capitol, in the 23 Assembly. Your colleagues in the majority in 24 the Assembly elected not only not to address 25 the first version of the bill we passed and

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(518) 371-8910 1 sent over -- and I didn't hear you screaming 2 and yelling and being defensive. I didn't 3 hear that. 4 They're not here. They're not 5 here. We would like to be able to negotiate, 6 to discuss, to do whatever is in the best 7 interest of the constituency that elects us to 8 represent their interests. But the Assembly 9 is not here. Fourth trip back since June 10 doing the people's work. 11 Congratulations to you. 12 Congratulations to you that are voting for 13 this, because it's the right thing to do. 14 Other issues before us we'll take 15 up, Mr. President and colleagues, in due time. 16 But we have to move on with our lives. If you 17 don't know it, the weather outside is 18 frightful, okay, and we do not have a fire 19 that is delightful. 20 (Laughter.) 21 SENATOR BRUNO: So I would 22 suggest voting in favor, that we move to the 23 other issues before us. 24 ACTING PRESIDENT WRIGHT: Thank 25 you, Senator Bruno.

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(518) 371-8910 1 Call the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT WRIGHT: Report 4 the results. 5 THE SECRETARY: Ayes, 57. 6 ACTING PRESIDENT WRIGHT: The 7 bill is passed. 8 Senator Bruno. 9 SENATOR BRUNO: Mr. President, is 10 there any other business to come before the 11 Senate? 12 ACTING PRESIDENT WRIGHT: Senator 13 Bonacic would like to be recognized, Senator. 14 SENATOR BRUNO: Senator Bonacic. 15 ACTING PRESIDENT WRIGHT: Senator 16 Bonacic. 17 SENATOR BONACIC: Just two quick 18 points. 19 Senator Bruno, Senator Smith, my 20 colleagues and staff, all your staff, we wish 21 you a merry Christmas and a happy holiday 22 season. 23 You know what I noticed over the 24 years? No one ever steps up near the end of 25 the year to wish their colleagues whether it

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(518) 371-8910 1 be a Merry Christmas or a Happy New Year. So 2 from me to you, peace and good health to you 3 and your families. 4 The second point that I'd like to 5 make, this may be the last day for our general 6 counsel, John Cahill. He has given us 7 37 years of service, and he will be retiring 8 at the end of the year. 9 And, John, from me to you, I want 10 to thank you for your professionalism, your 11 temperament, your assistance to me, your 12 patience. You are the best. We wish you 13 continued success in all your future 14 endeavors. Thank you, John. 15 (Standing ovation.) 16 THE PRESIDENT: Senator Bruno. 17 SENATOR BRUNO: Mr. President, 18 there being no further business, I would like 19 to first commend Senator Bonacic for saying 20 all the things that I had been prepared to 21 say. 22 (Laughter.) 23 SENATOR BRUNO: So thank you. 24 Thank you. And I say thank you, Senator 25 Bonacic, very articulate and right on.

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(518) 371-8910 1 John, 37 years in the Legislature. 2 '81, started here in the Senate. Started 3 reporting to work at 6:00 in the morning, 4 leaving at 8:00 to go to college. Impressive. 5 What was he doing? You know what he was 6 doing? Cleaning. Emptying wastebaskets, 7 dusting, then going to college. And what did 8 he do? Came right to the top. 9 So we're indebted, John, really, 10 for your service, for your commitment, for 11 your dedication and just all the hours -- 12 days, nights, weekends -- that you spend. 13 And this is a chapter that closes; 14 another chapter will open in John's life. He 15 is not going away. He is not going to 16 Colorado or Arizona or anyplace else, he's 17 going to be around here, and hopefully we will 18 see his congenial, talented, smiling face as 19 we go forward. 20 And I think Senator Wright -- is 21 Senator Wright here? Senator Jim Wright. 22 (Applause.) 23 SENATOR BRUNO: Senator Jimmy 24 Wright has made a life decision to move on. 25 At the end of this year he will have resigned

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(518) 371-8910 1 as the elected representative in his district 2 in the Senate. 3 And, Jim, when we're thanking 4 people, we want to thank you for the years 5 that you spent, lastly here as chair of Energy 6 and Telecommunications. And we talked 7 earlier: challenging, difficult, hard to make 8 people happy, and not enough for everyone that 9 wants help and support. But Senator Wright 10 did it really in a classy way, in an 11 upstanding way. 12 And this, for Jim, will be the last 13 session in the Senate. But again, doors 14 close, doors open. And we look forward to 15 seeing Senator Wright in some fashion, in some 16 way being representative. 17 So, Senator Wright, thanks for your 18 friendship with me personally, with your 19 colleagues on both sides of the aisle. 20 And, Mr. President, I am the last 21 speaker up; right? 22 THE PRESIDENT: Yes. 23 SENATOR BRUNO: Thank you. 24 Senator Wright. 25 SENATOR WRIGHT: Thank you,

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(518) 371-8910 1 Leader. 2 Let me simply say thank you to Joe 3 Bruno for his leadership and his friendship 4 throughout my tenure here in the Senate -- and 5 that was before he was leader, but certainly 6 since he has been leader. 7 But more importantly, it truly has 8 been an honor for me to serve the people of 9 this state and for 15 years to represent the 10 people of the 48th Senate District, otherwise 11 known as the North Country. It has been a 12 privilege to serve in this chamber. It's been 13 a privilege to serve with each and every one 14 of you and your predecessors. 15 It has been a wonderful experience. 16 It, like any other job, has had its ups and 17 downs. But I think as you all recognize, it's 18 a responsibility that one takes on and takes 19 very seriously. We may well disagree, but 20 it's not because we don't share convictions 21 about our points of view. And it's not that 22 we don't have a responsibility to articulate 23 those positions on behalf of the individuals 24 who represent us. 25 So thank you. I intend to see as

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(518) 371-8910 1 many of you as often as I possibly can -- in 2 an ethical relationship, because I voted for 3 reform. 4 (Laughter.) 5 SENATOR WRIGHT: Thank you to the 6 leader. Thank you to all the members. I 7 truly appreciate the recognition, and I truly 8 appreciate the friendships. Thank you. 9 (Extended applause.) 10 THE PRESIDENT: Senator Bruno. 11 SENATOR BRUNO: I want to wish 12 everyone in the chamber just a happy holiday 13 season. Be careful, be safe. And take care 14 of yourselves, your families. 15 Thank you for your friendship. 16 Thank you for your support. Thank you for 17 being representative. Thank you for being 18 part of the Senate in '07. 19 And there being no further business 20 to come before the Senate, I would move that 21 we stand adjourned, subject to the call of the 22 Majority Leader, intervening days to be 23 legislative days. 24 God bless you. 25 THE PRESIDENT: Happy holidays.

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(518) 371-8910 1 Senate is adjourned. 2 (Whereupon, at 5:34 p.m., the 3 Senate adjourned.) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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