Monday, January 28, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 28, 2008 11 3:08 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 I would ask all assembled to please 5 rise and join me in reciting our Pledge of 6 Allegiance. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 THE PRESIDENT: In the absence of 10 clergy, we will observe a moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 THE PRESIDENT: The reading of 14 the Journal. 15 THE SECRETARY: In Senate, 16 Saturday, January 26, the Senate met pursuant 17 to adjournment. The Journal of Friday, 18 January 25, was read and approved. On motion, 19 Senate adjourned. 20 THE PRESIDENT: Without 21 objection, the Journal stands approved as 22 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 The Secretary will read. 3 THE SECRETARY: Senator Maziarz, 4 from the Committee on Labor, reports the 5 following bill direct to third reading: 6 Senate Print 6798, by Senator 7 Maziarz, an act to amend the Workers' 8 Compensation Law and others. 9 THE PRESIDENT: Without 10 objection, the bill is reported directly to 11 third reading. 12 We will proceed with the order of 13 business. 14 Reports of select committees. 15 Communications and reports from 16 state officers. 17 Motions and resolutions. 18 Senator Griffo. 19 SENATOR GRIFFO: Mr. President, 20 on page 12 I offer the following amendments to 21 Calendar Number 45, Senate Bill 6418, and I 22 ask that the bill retain its place on Third 23 Reading Calendar. 24 THE PRESIDENT: The amendments 25 are received and adopted, and the bill will

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(518) 371-8910 1 retain its place on the Third Reading 2 Calendar. 3 Senator Griffo. 4 SENATOR GRIFFO: Mr. President, 5 on behalf of Senator Maltese, on page 15 I 6 offer the following amendments to Calendar 7 Number 73, Senate Bill 6689, and ask that that 8 bill retain its place on Third Reading 9 Calendar. 10 THE PRESIDENT: The bill will 11 retain its place on the Third Reading 12 Calendar. The amendments are, without 13 objection, received. 14 Thank you, Senator Griffo. 15 Senator Skelos. 16 SENATOR SKELOS: Mr. President, 17 if we could take up Resolution 4099, by 18 Senator DeFrancisco, have it read in its 19 entirety, and move for its adoption. 20 THE PRESIDENT: Hike. We will 21 take up the motion. 22 The Secretary will read. 23 THE SECRETARY: By Senator 24 DeFrancisco, Legislative Resolution Number 25 4099, congratulating the Bishop Ludden Varsity

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(518) 371-8910 1 Football Team and Coach John Cosgrove upon the 2 occasion of capturing the New York State Class 3 C Championship. 4 "WHEREAS, Excellence and success in 5 competitive sports can be achieved only 6 through strenuous practice, team play and team 7 spirit, nurtured by dedicated coaching and 8 strategic planning; and 9 "WHEREAS, Athletic competition 10 enhances the moral and physical development of 11 the young people of this state, preparing them 12 for the future by instilling in them the value 13 of teamwork, encouraging a standard of healthy 14 living, imparting a desire for success, and 15 developing a sense of fair play and 16 competition; and 17 "WHEREAS, It is the sense of this 18 Legislative Body to recognize and pay tribute 19 to those young people within the State of 20 New York who, achieving outstanding success in 21 athletic competition, have inspired and 22 brought pride to their school; and 23 "WHEREAS, This Legislative Body is 24 justly proud to congratulate the Bishop Ludden 25 Varsity Football Team and Head Coach John

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(518) 371-8910 1 Cosgrove upon the occasion of capturing the 2 2007 Class C Championship; and 3 "WHEREAS, The Bishop Ludden Varsity 4 Football Team enjoyed a truly outstanding 5 season, compiling an overall record of 12-1, 6 ending the season on a 12-game winning streak 7 and finishing with the most victories in the 8 history of the school; and 9 "WHEREAS, The road to the state 10 title was not easy, but this team was able to 11 pull out many impressive victories throughout 12 the year to lead them toward the sectionals 13 and eventually the state playoffs; and 14 "WHEREAS, To earn the right to play 15 in state competition, Bishop Ludden first had 16 to prove that their season-long success would 17 carry them through sectional competition. On 18 November 3, 2007, Bishop Ludden took the 19 Section III title by defeating previously 20 undefeated Mt. Markham with a hard-fought 21 come-from-behind victory in a game in which 22 the Bishop Ludden Gaelic Knights overcame a 23 20-point deficit to win their first sectional 24 crown since 2000; and 25 "WHEREAS, Having secured a Title

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(518) 371-8910 1 III title, it was on the state quarterfinals 2 where Bishop Ludden was matched against 3 another previously undefeated team, the 4 Unatego Spartans, from Section IV, and again 5 they needed to come from behind to earn a 6 30-21 victory at Binghamton's Alumni Stadium; 7 and 8 "WHEREAS, It was then on to the 9 state semifinal game at Paetec Park in 10 Rochester against yet another undefeated team 11 in Section V powerhouse LeRoy, in a game that 12 turned out to be an overtime thriller with the 13 Gaelic Knights securing a victory, 34-33, with 14 a blocked extra point at the end of overtime; 15 and 16 "WHEREAS, The Class C state 17 championship game was played at the Carrier 18 Dome on November 25, 2007, against defending 19 state champion and unbeaten Dobbs Ferry, a 20 team riding an amazing 23-game winning streak. 21 Bishop Ludden, for the first time in five 22 games, scored first with an 80-yard pass play 23 from senior quarterback Connor Sweeney to wide 24 receiver Wendell Williams on the first play 25 from scrimmage 11 seconds into the game. They

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(518) 371-8910 1 never trailed in the game and hung on for a 2 21-16 win, claiming their first ever state 3 championship; and 4 "WHEREAS, No team, no matter how 5 gifted, can succeed without outstanding talent 6 throughout its entire roster. Such was the 7 case for the 2007 Bishop Ludden Varsity 8 Football Team, whose players include seniors 9 Daquan Grobsmith, Wendell Williams, Connor 10 Sweeney, James Braithwaite, Connor Brown, Ben 11 Searle, Casey Christo, Jerry Fenstor, Chris 12 Harding, Joe Rathbun, Patrick Rosanio, Eugene 13 Law, Bill McGrath, Julio Ortiz and Jiyhouh Ly; 14 juniors Steve Barrett and Nate Stewart; and 15 sophomores Omar Osbourne, John Rooney, Mark 16 DeAngelis, Devin White, E.J. Beauford, Joevon 17 Works, Chris Davis, Nick Ferrante, Conor 18 Cosgrove, Mike Hogan and Jake Szelewski; along 19 with coaches John Cosgrove, Mike Rogers, Bill 20 Cloonan, Frank Rosanio, Jim Rooney, Scott 21 Eustace, and Nate Balcom; and 22 "WHEREAS, While football is a team 23 sport, special recognition from the title game 24 should be noted. Connor Sweeney was named 25 Most Valuable Player, Nate Stewart was named

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(518) 371-8910 1 Most Valuable Offensive Lineman, Daquan 2 Grobsmith was named Most Valuable Offensive 3 Back, and Patrick Rosanio was given the 4 Sportsmanship Award; and 5 "WHEREAS, In addition to the 6 excellent play, hard work and teamwork of its 7 players, and the talent and dedication of 8 Coach John Cosgrove and his staff, the Bishop 9 Ludden Gaelic Knights enjoyed another huge 10 advantage with a very supportive and 11 enthusiastic fan base of parents, cheerleaders 12 and area residents, particularly in the title 13 game, where they were adorned with t-shirts in 14 support of their team; now, therefore, be it 15 "RESOLVED, That this Legislative 16 Body pause in its deliberations to 17 congratulate the Bishop Ludden Varsity 18 Football Team on their successful season and 19 overall team record, and upon the capture of 20 the 2007 Class C Football Championship; and be 21 it further 22 "RESOLVED, That copies of this 23 resolution, suitably engrossed, be transmitted 24 to the members of the 2007 Bishop Ludden 25 Varsity Football Team and Coach John

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(518) 371-8910 1 Cosgrove." 2 THE PRESIDENT: On the 3 resolution, Senator DeFrancisco. 4 SENATOR DeFRANCISCO: Thank you, 5 Mr. President. 6 I'm very, very proud to rise to 7 congratulate the Bishop Ludden football team 8 for their championship season this year. 9 You know, what wasn't really read 10 but I think is as important as winning the 11 championship are a couple of factors that show 12 the spirit and the strength of this team and 13 what team sport really means. 14 They lost their first game of the 15 year, and they came back winning the next 16 twelve, including the championship games. To 17 me, that says a lot about the character of a 18 team. 19 The sectional championship, they 20 were down by 20 points -- 20 points -- and 21 they ended up winning that game. Once again, 22 that shows a lot about character. 23 Their next game ended up with 24 playing an undefeated team. They came from 25 behind again and won 30 to 21. I mean, that's

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(518) 371-8910 1 what character is all about. 2 And the final game, listen to this. 3 The Section V powerhouse LeRoy -- I don't know 4 if the senator from LeRoy is here, but I'll 5 make sure the Senator knows that his team 6 lost. It turned out to go into overtime, and 7 they won 34 to 33, by blocking an extra point. 8 Now, that shows a real class operation. 9 And team sports is what this is all 10 about. You're going to remember this forever. 11 It's a great, great experience. These are 12 going to be your closest friends forever. 13 And knowing that this is a team 14 sport, several people were recognized as being 15 the outstanding person in the category 16 mentioned when the resolution was read. I'm 17 going to take 20 seconds to read the rest of 18 the names, who are just as important: Wendell 19 Williams, James Braithwaite, Connor Brown, Ben 20 Searle, Casey Christo, Jerry Fenstor, Chris 21 Harding, Joe Rathbun, Eugene Law, Bill 22 McGrath, Julio Ortiz, Jiyhouh Ly, Steve 23 Barrett, Omar Osbourne, John Rooney, Mark 24 DeAngelis, Devin White, E.J. Beauford, Joevon 25 Works, Chris Davis, Nick Ferrante -- that name

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(518) 371-8910 1 is familiar; I'd like to talk to you about 2 that -- Conor Cosgrove, Mike Hogan, Jake 3 Szelewski. 4 And the other coaches: Mike 5 Rogers, Bill Cloonan, Frank Rosanio, Jim 6 Rooney, Scott Eustace, and Nate Balcom. 7 A real team, a real group of people 8 that came together to do something that no one 9 has ever done at your school -- and who knows, 10 no one may ever do it again. 11 So congratulations. That's what 12 life is about, working with others, teamwork 13 for a common goal. And you're all going to be 14 great successes in your lives in many, many 15 different areas. So congratulations, and I'm 16 very happy we could invite you here to Albany 17 to be honored by this very important body, the 18 New York State Senate. 19 THE PRESIDENT: On the 20 resolution, Senator Valesky. 21 SENATOR VALESKY: Thank you, 22 Mr. President. 23 Thank you, Senator DeFrancisco, for 24 arranging for this resolution to be presented 25 today and certainly for arranging for the

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(518) 371-8910 1 transportation of our young men, our champions 2 from Bishop Ludden, to be here today. 3 You certainly make the City of 4 Syracuse proud, the County of Onondaga proud, 5 all of Central New York proud, and I would say 6 the entire great State of New York proud of 7 your efforts. And we appreciate all that you 8 have done. 9 One thing I would just add. 10 Senator DeFrancisco points out that you lost 11 your first game and came back and won 12 in a 12 row. You were down by 20 points in the 13 sectional game. You continued to defy the 14 odds. And that gives us in this chamber who 15 will be rooting this Sunday for the New York 16 Giants great hope that the same thing can 17 happen. 18 So congratulations, and thank you. 19 THE PRESIDENT: The question is 20 on the resolution offered by Senator 21 DeFrancisco commending the efforts of the 22 Bishop Ludden Varsity Football Team of 23 Syracuse. All in favor signify by saying aye. 24 (Response of "Aye.") 25 THE PRESIDENT: Opposed, nay.

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(518) 371-8910 1 (No response.) 2 THE PRESIDENT: The resolution 3 has carried. 4 To Coach John Cosgrove and all the 5 players and coaches of Bishop Ludden Varsity 6 School, first of all, pursuant to Senator 7 DeFrancisco's request, I will personally make 8 sure that Senator Maziarz understands that his 9 team lost to all of you. 10 And secondly, to further the 11 remarks of Senator Valesky, we hope that this 12 is a prelude to another victory of a New York 13 team this week. 14 But your victory, the first of its 15 kind, the first time that Bishop Ludden has 16 ever won the Class C Championship, now making 17 you the state champions, we are very proud of 18 you here in the Senate, hope that you'll come 19 back to visit again, and extend to all of you 20 our heartiest congratulations for a victory 21 well fought. 22 Thank you very much. 23 (Applause.) 24 THE PRESIDENT: Senator Skelos. 25 SENATOR SKELOS: Mr. President, I

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(518) 371-8910 1 believe there are substitutions at the desk, 2 if we could make them at this time. 3 THE PRESIDENT: The Secretary 4 will read. 5 THE SECRETARY: On page 12, 6 Senator Lanza moves to discharge, from the 7 Committee on Codes, Assembly Bill Number 9340A 8 and substitute it for the identical Senate 9 Bill Number 6408A, Third Reading Calendar 43. 10 On page 13, Senator Maziarz moves 11 to discharge, from the Committee on Labor, 12 Assembly Bill Number 9473 and substitute it 13 for the identical Senate Bill Number 6500, 14 Third Reading Calendar 56. 15 And on page 15, Senator Farley 16 moves to discharge, from the Committee on 17 Banks, Assembly Bill Number 9551A and 18 substitute it for the identical Senate Bill 19 Number 6622A, Third Reading Calendar 79. 20 THE PRESIDENT: The substitution 21 is ordered. 22 Senator Skelos. 23 SENATOR SKELOS: Mr. President, 24 if we could go to the noncontroversial reading 25 of the calendar.

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(518) 371-8910 1 THE PRESIDENT: Thank you, 2 Senator. 3 The Secretary will read the 4 noncontroversial calendar. 5 THE SECRETARY: Calendar Number 6 28, by Senator Padavan, Senate Print 68, an 7 act to amend the Penal Law, in relation to 8 establishing. 9 THE PRESIDENT: Read the last 10 section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the first of 13 November. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE SECRETARY: Ayes, 58. 17 THE PRESIDENT: The bill is 18 passed. 19 THE SECRETARY: Calendar Number 20 29, by Senator Larkin, Senate Print 201, an 21 act to amend the Civil Practice Law and Rules, 22 in relation to authorizing. 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 SECRETARY: Ayes, 58. 5 THE PRESIDENT: The bill is 6 passed. 7 THE SECRETARY: Calendar Number 8 31, by Senator Trunzo, Senate Print 754, an 9 act to amend the Penal Law, in relation to the 10 unlawful sale of tobacco products to a child. 11 THE PRESIDENT: The Secretary 12 will read the last section. 13 THE SECRETARY: Section 3. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 33, by Senator Volker, Senate Print 1263B, an 22 act to amend the Penal Law, in relation to the 23 unlawful operation of a recording device. 24 THE PRESIDENT: Read the last 25 section.

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(518) 371-8910 1 THE SECRETARY: Section 2. This 2 act shall take effect on the first of 3 November. 4 THE PRESIDENT: Call the roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes, 59. 7 THE PRESIDENT: The bill is 8 passed. 9 THE SECRETARY: Calendar Number 10 34, by Senator DeFrancisco, Senate Print 1824, 11 an act to amend the Criminal Procedure Law, in 12 relation to statements at sentencing. 13 THE PRESIDENT: Read the last 14 section. 15 THE SECRETARY: Section 3. This 16 act shall take effect on the 90th day. 17 THE PRESIDENT: Call the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 59. 20 THE PRESIDENT: The bill is 21 passed. 22 THE SECRETARY: Calendar Number 23 36, by Senator Volker, Senate Print 2369, an 24 act to amend the Criminal Procedure Law, in 25 relation to expanding.

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(518) 371-8910 1 THE PRESIDENT: Read the last 2 section. 3 THE SECRETARY: Section 3. This 4 act shall take effect immediately. 5 THE PRESIDENT: Call the roll. 6 (The Secretary called the roll.) 7 THE SECRETARY: Ayes, 59. 8 THE PRESIDENT: The bill is 9 passed. 10 THE SECRETARY: Calendar Number 11 39, by Senator Volker, Senate Print 4035, an 12 act to amend the Penal Law, in relation to 13 trespassing in a motor vehicle. 14 THE PRESIDENT: Read the last 15 section. 16 THE SECRETARY: Section 2. This 17 act shall take effect on the first of 18 November. 19 THE PRESIDENT: Call the roll. 20 (The Secretary called the roll.) 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 39 are 23 Senators Duane, Gonzalez, Hassell-Thompson, 24 Montgomery, Parker and Perkins. 25 Ayes, 53. Nays, 6.

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(518) 371-8910 1 THE PRESIDENT: The bill is 2 passed. 3 THE SECRETARY: Calendar Number 4 43, substituted earlier today by Member of the 5 Assembly Aubry, Assembly Print Number 9340A, 6 an act to amend the Criminal Procedure Law. 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 46, by Senator Maltese, Senate Print 6488B, an 18 act to amend the Public Health Law, in 19 relation to establishing a task force. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 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 55, by Senator Leibell, Senate Print 6493, an 6 act to amend the Labor Law, in relation to 7 requiring. 8 THE PRESIDENT: Read the last 9 section. 10 THE SECRETARY: Section 2. This 11 act shall take effect on the same date and in 12 the same manner as Chapter 629 of the Laws of 13 2007. 14 THE PRESIDENT: Call the roll. 15 (The Secretary called the roll.) 16 THE PRESIDENT: Results. 17 THE SECRETARY: Ayes, 59. 18 THE PRESIDENT: The bill is 19 passed. 20 THE SECRETARY: Calendar Number 21 56 -- 22 SENATOR SKELOS: Lay it aside for 23 the day, please. 24 THE PRESIDENT: The bill will be 25 laid aside for the day.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 65, by Senator Golden, Senate Print 6492, an 3 act to amend the Civil Service Law, in 4 relation to permitting. 5 THE PRESIDENT: Read the last 6 section. 7 THE SECRETARY: Section 2. This 8 act shall take effect on the same date and in 9 the same manner as Chapter 545 of the Laws of 10 2007. 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 66, by Senator Padavan, Senate Print 6494, an 18 act to amend the Civil Service Law, in 19 relation to dispute resolution. 20 THE PRESIDENT: Read the last 21 section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the same date and in 24 the same manner as Chapter 190 of the Laws of 25 2007.

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(518) 371-8910 1 THE PRESIDENT: Call the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 59. 4 THE PRESIDENT: The bill is 5 passed. 6 THE SECRETARY: Calendar Number 7 79, substituted earlier today by Member of the 8 Assembly Towns, Assembly Print Number 9551A, 9 an act to amend Chapter 591 of the Laws of 10 2001. 11 THE PRESIDENT: Read the last 12 section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 THE PRESIDENT: Call the roll. 16 (The Secretary called the roll.) 17 THE SECRETARY: Ayes, 59. 18 THE PRESIDENT: The bill is 19 passed. 20 This completes the noncontroversial 21 reading of the calendar, Senator Skelos. What 22 is your pleasure? 23 SENATOR SKELOS: Mr. President, 24 is there any further business at the desk? 25 THE PRESIDENT: There is none,

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(518) 371-8910 1 sir. 2 SENATOR SKELOS: There being 3 none, I move we stand adjourned until Tuesday, 4 January 29th, at 11:00 a.m. 5 THE PRESIDENT: On motion, the 6 Senate stands adjourned until Tuesday, 7 January 29th, at 11:00 a.m. 8 (Whereupon, at 3:27 p.m., the 9 Senate adjourned.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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(518) 371-8910