Wednesday, April 16, 2008

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 16, 2008 11 11:03 a.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR JOSEPH A. GRIFFO, Acting 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 ACTING PRESIDENT GRIFFO: The 3 Senate will come to order. 4 I ask all present to please rise 5 and join with me as we recite the Pledge of 6 Allegiance to our Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT GRIFFO: In the 10 absence of clergy, I ask that we bow our heads 11 in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT GRIFFO: The 15 reading of the Journal. 16 THE SECRETARY: In Senate, 17 Tuesday, April 15, the Senate met pursuant to 18 adjournment. The Journal of Monday, April 14, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT GRIFFO: Without 22 objection, the Journal stands approved as 23 read. 24 Presentation of petitions. 25 Messages from the Assembly.

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(518) 371-8910 1 Messages from the Governor. 2 Reports of standing committees. 3 Reports of select committees. 4 Communications and reports from 5 state officers. 6 Motions and resolutions. 7 Senator Skelos. 8 SENATOR SKELOS: Mr. President, 9 if we could go to the noncontroversial reading 10 of the calendar. 11 ACTING PRESIDENT GRIFFO: The 12 Secretary will read. 13 THE SECRETARY: Calendar Number 14 457, by Senator Saland, Senate Print 7025, an 15 act to amend the Education Law, in relation to 16 excluding expenditures. 17 ACTING PRESIDENT GRIFFO: Read 18 the last section. 19 THE SECRETARY: Section 2. This 20 act shall take effect immediately. 21 ACTING PRESIDENT GRIFFO: Call 22 the roll. 23 (The Secretary called the roll.) 24 THE SECRETARY: Ayes, 37. 25 ACTING PRESIDENT GRIFFO: The

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(518) 371-8910 1 bill is passed. 2 THE SECRETARY: Calendar Number 3 771, by Senator Morahan, Senate Print 1473, an 4 act to authorize the Village of Greenwood Lake 5 in Orange County. 6 ACTING PRESIDENT GRIFFO: There 7 is a home-rule message at the desk. 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT GRIFFO: Call 12 the roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes, 37. 15 ACTING PRESIDENT GRIFFO: The 16 bill is passed. 17 THE SECRETARY: Calendar Number 18 772, by Senator LaValle, Senate Print 1852, an 19 act to amend the General Municipal Law, in 20 relation to allowing. 21 ACTING PRESIDENT GRIFFO: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately. 25 ACTING PRESIDENT GRIFFO: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 37. 4 ACTING PRESIDENT GRIFFO: The 5 bill is passed. 6 THE SECRETARY: Calendar Number 7 780, by Senator Volker, Senate Print 6739, an 8 act to amend the Local Finance Law, in 9 relation to the sale of bonds and notes. 10 ACTING PRESIDENT GRIFFO: There 11 is a home-rule message at the desk. 12 Read the last section. 13 THE SECRETARY: Section 2. This 14 act shall take effect immediately. 15 ACTING PRESIDENT GRIFFO: Call 16 the roll. 17 (The Secretary called the roll.) 18 THE SECRETARY: Ayes, 37. 19 ACTING PRESIDENT GRIFFO: The 20 bill is passed. 21 THE SECRETARY: Calendar Number 22 781, by Senator Volker, Senate Print 6740, an 23 act to amend the Local Finance Law, in 24 relation to the sale of municipal obligations 25 by the County of Erie.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: There 2 is a home-rule message at the desk. 3 Read the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT GRIFFO: Call 7 the roll. 8 (The Secretary called the roll.) 9 THE SECRETARY: Ayes, 37. 10 ACTING PRESIDENT GRIFFO: The 11 bill is passed. 12 THE SECRETARY: Calendar Number 13 782, by Senator Marcellino, Senate Print 6872, 14 an act to amend the Town Law, in relation to 15 volunteer members. 16 ACTING PRESIDENT GRIFFO: Read 17 the last section. 18 THE SECRETARY: Section 2. This 19 act shall take effect immediately. 20 ACTING PRESIDENT GRIFFO: Call 21 the roll. 22 (The Secretary called the roll.) 23 THE SECRETARY: Ayes, 37. 24 ACTING PRESIDENT GRIFFO: The 25 bill is passed.

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(518) 371-8910 1 THE SECRETARY: Calendar Number 2 783, by Senator Seward, Senate Print 6884, an 3 act in relation to ratifying certain actions 4 and proceedings. 5 ACTING PRESIDENT GRIFFO: There 6 is a home-rule message at the desk. 7 Read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect immediately. 10 ACTING PRESIDENT GRIFFO: Call 11 the roll. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 38. 14 ACTING PRESIDENT GRIFFO: The 15 bill is passed. 16 THE SECRETARY: Calendar Number 17 785, by Senator Young, Senate Print 6954, an 18 act to validate, ratify and legalize certain 19 actions of the Village of Canaseraga, in the 20 County of Allegany. 21 ACTING PRESIDENT GRIFFO: There 22 is a home-rule message at the desk. 23 Read the last section. 24 THE SECRETARY: Section 5. This 25 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 38. 5 ACTING PRESIDENT GRIFFO: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 794, by Senator Morahan, Senate Print 4145, an 9 act to amend the Mental Hygiene Law and the 10 Real Property Actions and Proceedings Law, in 11 relation to discharge. 12 ACTING PRESIDENT GRIFFO: Read 13 the last section. 14 THE SECRETARY: Section 5. This 15 act shall take effect immediately. 16 ACTING PRESIDENT GRIFFO: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 39. 20 ACTING PRESIDENT GRIFFO: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 795, by Senator Morahan, Senate Print 4351, an 24 act to amend the Mental Hygiene Law, in 25 relation to settlement.

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: Read 2 the last section. 3 THE SECRETARY: Section 2. This 4 act shall take effect immediately. 5 ACTING PRESIDENT GRIFFO: Call 6 the roll. 7 (The Secretary called the roll.) 8 THE SECRETARY: Ayes, 39. 9 ACTING PRESIDENT GRIFFO: The 10 bill is passed. 11 Senator Skelos, that completes the 12 noncontroversial reading of the calendar. 13 SENATOR SKELOS: Mr. President, 14 there will be an immediate meeting of the 15 Finance Committee in the Majority Conference 16 Room. 17 ACTING PRESIDENT GRIFFO: There 18 will be an immediate meeting of the Senate 19 Finance Committee in the Majority Conference 20 Room. 21 The Senate stands at ease. 22 (Whereupon, the Senate stood at 23 ease at 11:09 a.m.) 24 (Whereupon, the Senate reconvened 25 at 11:57 a.m.)

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(518) 371-8910 1 ACTING PRESIDENT GRIFFO: The 2 Senate will come to order. 3 Senator Bruno. 4 SENATOR BRUNO: Mr. President, 5 can we at this time return to reports of 6 standing committees and return to the report 7 from the Finance Committee and have it read at 8 this time. 9 ACTING PRESIDENT GRIFFO: Reports 10 of standing committees. 11 The report of the Finance 12 Committee. The Secretary will now read. 13 THE SECRETARY: Senator O. 14 Johnson, from the Committee on Finance, 15 reports the following nomination: 16 As Superintendent of State Police, 17 Harry James Corbitt, of Albany. 18 ACTING PRESIDENT GRIFFO: Senator 19 Johnson. 20 SENATOR OWEN JOHNSON: I rise to 21 move the nomination. 22 ACTING PRESIDENT GRIFFO: Thank 23 you, Senator Johnson. 24 Senator Bruno. 25 SENATOR BRUNO: Thank you,

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(518) 371-8910 1 Mr. President and colleagues. 2 We are about to act on an 3 appointment that has been forwarded down by 4 our leader here, the Governor, David Paterson. 5 And this is one of the Governor's earliest and 6 maybe most important nomination and selection 7 of a leader, in this case to lead the State 8 Police. 9 We have all been disturbed by what 10 has gone on over the last 14 months, whatever 11 they've been, 15 months, and much of it 12 relating to headlines in what has become known 13 as Troopergate. Which is, just by the 14 allegations, disgraceful to the people of this 15 state, to the power that is vested in 16 Executive authority, and a powerful force like 17 the State Police. 18 So this Governor starts clean and 19 fresh and new, and he brings a real 20 professional, Harry Corbitt, to lead the State 21 Police. 22 Now, all of us know the State 23 Police, by the tens of thousands, with their 24 families, are honorable people, dedicated, 25 committed, get up whenever they have to report

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(518) 371-8910 1 to duty, put their lives on the line, are 2 killed in the line of duty, young children 3 left behind. They are really our first line 4 of defense for a civilized society here in 5 New York State and really a model for the 6 whole world. 7 So for anyone to be speaking in a 8 demeaning, disparaging way has to be 9 corrected. 10 There are possibly a few people 11 where the allegations are they acted 12 inappropriately -- and maybe criminally, in 13 one case with me personally, but in other 14 cases, apparently. And the Attorney General 15 will get to the bottom of that, I hope, in an 16 expeditious way. 17 But we are honoring and recognizing 18 a new leader. And he's here with his wife, 19 Earline. 20 And when I say we have a 21 professional, we have a man who started as a 22 sergeant. I started as a sergeant in the 23 infantry; he, in the State Police. Went on to 24 become lieutenant, captain, major, colonel. 25 Retired some years ago. Stayed active in the

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(518) 371-8910 1 community, dealing with young people, violence 2 and the avoidance of violence in our schools, 3 much to his credit. 4 So when the Governor looked around 5 at who was a person who'd come up through the 6 ranks, knows the system inside and out, Harry 7 Corbitt came to the top. The Governor wasn't 8 in office two days when he talked to me about 9 doing something to return credibility of the 10 State Police to the people of this state. 11 So I am proud that I am here and 12 speaking in favor of approving this 13 nomination. And I know there are many people 14 on the floor. 15 And, Superintendent-to-be, if 16 people don't get up, it's not because they 17 don't want to say nice things. Because 18 they're very conscious of all the State Police 19 on the road writing tickets. 20 (Laughter.) 21 SENATOR BRUNO: So take it for 22 granted that everybody here applauds you, your 23 work, your life, and this nomination, whether 24 they're on their feet or not. 25 I believe your stepson is here.

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(518) 371-8910 1 And that's John, that is here. Welcome. 2 And Mae Francis, your 3 mother-in-law? 4 COLONEL CORBITT: She's not here. 5 SENATOR BRUNO: Not here. 6 COLONEL CORBITT: She's in 7 Buffalo. 8 SENATOR BRUNO: But she's very 9 supportive. 10 (Laughter.) 11 SENATOR BRUNO: And for a 12 mother-in-law to be supportive, Earline, 13 that's good work. That's good work. Because 14 of all of us would aspire to our 15 mother-in-laws being partners and supportive. 16 So that says something for you and for your 17 family. 18 So, Mr. President and colleagues, 19 again, it's my honor and my privilege to move 20 one of the Governor's first and most important 21 nominations to be the Superintendent of State 22 Police. 23 Thank you. 24 ACTING PRESIDENT GRIFFO: Thank 25 you, Senator Bruno.

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(518) 371-8910 1 Senator Smith. 2 SENATOR SMITH: Thank you very 3 much, Mr. President. 4 To my colleagues and my friends, to 5 Superintendent Corbitt's wife Earline, John, 6 and Mae Francis Castelbury, who is in absentia 7 but still supports Colonel Harry Corbitt, let 8 me say this is a historical day on two fronts 9 for this chamber. 10 One, for our good friend, our 11 former colleague, the Governor, Senator 12 Paterson, this is his first nominee who has 13 gone through the process. 14 And it's also a first for an 15 African-American to be the Superintendent and 16 also to be confirmed by this body. 17 I would be remiss and I would be 18 chastised by my colleagues if I did not 19 take -- especially Ruth -- if I did not take 20 this moment to offer a sense of pride for 21 those of us in the African-American community 22 that understand more so what it takes to move 23 through the ranks of law enforcement, to move 24 through the ranks of the military, to be able 25 to go beyond and retire and then be called

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(518) 371-8910 1 back to a position where not only are you 2 respected, but you now have a double 3 challenge. 4 Obviously Senator Bruno talked 5 about some of the challenges that are before 6 us in terms of our troopers. And so not only 7 have you been called back to duty for the 8 purpose of providing one of the best police 9 forces in this state with some direction, but 10 you also now have to rebuild a lot of that 11 integrity and respect which many people had 12 some questions about. 13 And as we still are on the heels of 14 some reports and anticipation of some 15 investigations being completed, we also know 16 that without our state troopers there are a 17 number of people throughout this state, 18 including those in the State of New York, who 19 are the beneficiaries of Operation IMPACT and 20 what the troopers do throughout this state, 21 and we are ever grateful for that. 22 Joe talked about how the 23 Superintendent has such a distinguished 24 career. And I just want to acknowledge some 25 of those, because I think many of you have

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(518) 371-8910 1 gone through the hearings and you asked a lot 2 of hearings and made a lot of statements -- as 3 Joe said, and I agree, you still going to get 4 your parking ticket or your speeding ticket no 5 matter how fast you travel. 6 And, Superintendent, if anyone 7 calls and says "Can you help me out," my 8 license plate is S3. 9 (Laughter.) 10 SENATOR SMITH: But 1978, 11 Military Intelligence Division of the Army. 12 Was assigned to the barracks at Waterloo. 13 Lieutenant, captain, major, and also a 14 commanding officer for Troop T. As Deputy 15 Superintendent of Employee Relations, he also 16 served as the Division's Labor Management 17 Officer. Directed the Division's Personnel 18 Section and State Police Academy Training 19 Programs. Sergeant, lieutenant, Chief 20 Inspector of Internal Affairs. A member of 21 NOBLE, Senator Adams. And it just goes on and 22 on and on. 23 I'm not sure where you -- how did 24 you get all this time to do this. And I guess 25 your wife didn't see much of you. She says

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(518) 371-8910 1 no, she didn't, huh? 2 Well, we thank you, Earline, in 3 particular. Because many of us who are 4 married also understand the sacrifice that you 5 give in terms of allowing him to be out there 6 in the public -- long hours, long days. Have 7 to come back home, have to nurture him, given 8 what he's been through that day. 9 And so we appreciate that. And we 10 just ask that you continue to nurture him so 11 when he comes home, he'll feel okay when he 12 has to come back that next day and do his job. 13 But I will tell you the most 14 enjoyable thing that I can say about the 15 colonel -- and I had this experience, and I 16 look to have many more -- is that from time to 17 time I'm up here on Sunday. And it's just 18 nice to see that he goes to the same church 19 that I go to, Macedonia. 20 So we pray together, for the 21 members that are here. And if any of you want 22 to have an opportunity to talk to the 23 Superintendent outside of his normal moment, 24 come to Macedonia on Sunday about 11 o'clock, 25 and you -- Joe? No? Come to Macedonia, and

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(518) 371-8910 1 you'll have an opportunity. 2 But I want to extend, on behalf of 3 our conference, the Senate Democratic 4 conference -- I know my colleagues spoke to 5 you and spoke on your behalf, and some of them 6 were speaking today -- that we are very 7 excited and very proud of this moment for you 8 and your family, and we stand ready to be 9 supportive of you and all the state troopers 10 as you go forth and do your job. 11 God bless. 12 COLONEL CORBITT: Thank you. 13 ACTING PRESIDENT GRIFFO: Thank 14 you, Senator Smith. 15 Senator Nozzolio. 16 SENATOR NOZZOLIO: Thank you, 17 Mr. President and my colleagues. 18 The true heroes in America are 19 those that each and every day lay their lives 20 on the line for the protection of others. The 21 heroes aren't the celebrities, they're not the 22 people on the cover of People magazine. 23 They're the brave men and women who each and 24 every day serve their communities, their 25 states, their nations by giving of themselves.

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(518) 371-8910 1 And that's why I rise with great 2 pride today to endorse a wonderful nomination 3 by Governor Paterson who he himself, each and 4 every day, Harry Corbitt, for the last 42 5 years, has given of himself in service to his 6 nation, to his state, and to his community. 7 A real hero who got a Bronze Star 8 serving our nation in Vietnam. A real hero 9 who each and every day, in his career as a 10 State Police officer -- a career that I'm very 11 proud began in the 54th Senatorial District, 12 in the Waterloo trooper barracks in Seneca 13 County -- who rose through the ranks, as 14 Senator Bruno described, from road patrol to 15 sergeant to one administrative and leadership 16 capacity job after another. 17 Who now, as Governor Paterson's 18 nominee, will be leading the great men and 19 women of the New York State Police, who are 20 all heroes in our eyes, who each and every day 21 lay their lives on the line for us. Real 22 heroes, real men and women who are heroes who 23 have, I know, been disparaged in their own 24 mind because of what has transpired over the 25 last few months.

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(518) 371-8910 1 This is a very critical juncture in 2 the history of the New York State Police. It 3 requires an individual to be the leader who 4 understands from top to bottom, bottom to top, 5 the needs of the troopers who serve in this 6 capacity. One who will be candid and 7 forthright and stand tall and be independent 8 and show leadership, because leadership is 9 necessary. 10 After meeting with Harry Corbitt, 11 with Colonel Corbitt for an extended period of 12 time and meeting with him in an open committee 13 hearing yesterday for over an hour and a 14 half -- where he was given many questions on 15 many subjects from members of both sides of 16 the aisle in, I believe, a very thorough 17 way -- he, Harry Corbitt, answered each 18 question with candor, honesty, and when he did 19 not have a command of the individual facts, 20 said so. 21 For that, we respect a great deal. 22 And for that, he received the unanimous 23 endorsement of his nomination by the Senate 24 Crime Victims, Crime and Corrections 25 Committee.

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(518) 371-8910 1 This critical time, in one of the 2 most, I believe, profound answers to the many 3 questions that were given to Colonel Corbitt, 4 was that why would he, after such a long and 5 distinguished career, why would he decide to 6 take on this challenge. Did he have any 7 second thoughts, after many years of his very 8 successful career serving his nation and his 9 state and, most recently, his community as 10 heading school safety -- which all the members 11 of our side of the aisle and the other side of 12 the aisle, I know every member of this Senate 13 is very concerned about, school safety. 14 That's where Colonel Corbitt most recently 15 spent his service, locally. 16 But he answered the question why 17 are you taking on this challenge, I thought, 18 with an extremely profound answer. He said 19 that a person he was mentoring and mentored 20 through time asked him to come back because he 21 owed it to those he was mentoring and for 22 those he was serving. 23 I think that is a tremendous answer 24 to a very profound question and says a lot 25 about the character of a man who cares about

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(518) 371-8910 1 those people that he helped bring along. And 2 that a true leader doesn't leave when it's 3 time to lead. And that that, I think, is a 4 measure of the individual that we all can be 5 very proud in supporting. 6 That's why, Mr. President, I'm 7 proud to recommend, as the committee advised 8 the Senate, as the Committee of Crime and 9 Corrections, in doing a very thorough review 10 of this nominee, is proud unanimously to 11 support this next superintendent of our 12 New York State Police -- the heroes, the men 13 and women who are heroes, a hero himself, 14 Harry Corbitt. 15 Thank you. 16 ACTING PRESIDENT GRIFFO: Thank 17 you, Senator Nozzolio. 18 Senator Adams. 19 SENATOR ADAMS: Thank you, 20 Mr. President. 21 I think that this is one of the 22 times that our colleagues from both sides of 23 the aisle, we come together with a common 24 denominator of how important it is that we 25 deal with the issues of public safety. And I

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(518) 371-8910 1 commend the Governor for making this his first 2 appointment, and for us to have it move 3 through with Chairman Nozzolio and myself as 4 the ranking Democrat, that public safety is 5 important to us all. 6 And although I take special pride 7 that Colonel Corbitt is an African-American 8 taking this position, I fully understand that 9 when you start the process of donning a 10 uniform -- if it's a green fatigue in military 11 service, or if it's a gray or blue uniform in 12 law enforcement -- the ethnicity comes off and 13 integrity comes out to light. And clearly 14 Colonel Corbitt is a reflection of that. 15 And the question was raised for 16 several months who's at the wheel, who's 17 driving the vehicle of public safety 18 throughout this state. 19 Clearly, we know that we have the 20 right person that is at the wheel in driving 21 this vehicle. And why is this important? 22 Because often when mistakes are made within a 23 particular profession, the entire profession 24 is tarnished. It's hurt. 25 The PBA and other agencies that are

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(518) 371-8910 1 put in place to protect the men and women who 2 wear law enforcement uniforms, they often are 3 demonized by the behavior of the numerical 4 majority that does not give a clear reflection 5 of the countless number of men and women who 6 would don a vest, a uniform, and say "I'm 7 going to serve and protect." 8 And when you think about Senator 9 Leibell and Senator Robach and Senator Volker 10 and Senator Larkin and myself, who at one time 11 or another took upon that admirable position 12 of being in public service to the public, we 13 realize how important it is, and our families 14 and what that impact is to our families. 15 This is the perfect person for the 16 right time, the right person at the wheel to 17 drive and improve how we feel about our State 18 Police. We can look at his military 19 involvement and his volunteer and his service 20 in Vietnam. We can look at what he has done 21 as a state trooper. Not only does he 22 understand the academic aspect of it, as being 23 an individual who taught State Police 24 officers, but he also served. He also served 25 and understands the difficulties of driving up

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(518) 371-8910 1 and down our highways and making sure our 2 highways and our byways and our communities 3 are safe. 4 But he also did something that's 5 important that's fitting for now. He served 6 in the Internal Affairs Bureau, the police of 7 the police. The highest level of integrity of 8 the men and women who we give the 9 responsibility to ensure the awesome amount of 10 power that we give law enforcement personnel, 11 that they will not abuse that power. That was 12 his responsibility as the chief, to ensure 13 that corruption didn't exist. 14 Now, we can all pretend that 15 nothing was wrong prior to his appointment. 16 But the reality, something was wrong. When 17 men and women are put in charge of policing 18 the people and they abuse that power in any 19 way -- if it's targeting legislators or if 20 it's going after one or two individuals that 21 should not be targeted for any particular 22 reason -- you need someone there that's going 23 to come with the responsibility that Colonel 24 Corbitt has to bring back the trust that we 25 have in law enforcement.

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(518) 371-8910 1 I'm happy that this is the choice 2 that is desired. I'm happy that he's a member 3 of an organization that I'm part of, National 4 Black Law Enforcement Executives. I'm happy 5 that he has decided to come back and 6 participate in the entire process of policing 7 our state. I'm happy what he has done to deal 8 with the issues of racial profiling. I'm 9 happy what he has done to deal with the issues 10 of safeguarding our school and the public 11 school system. I'm happy that he decided once 12 again to come out of retirement. 13 And you always look down your bench 14 of possibility when you need a great ball 15 player to build a team around. We have a 16 marquee player here. The state troopers have 17 their own modern-day Air Jordan, and we're 18 going to make sure that we bring home the 19 ring. 20 Thank you, Colonel Corbitt. 21 COLONEL CORBITT: Thank you. 22 ACTING PRESIDENT GRIFFO: Thank 23 you, Senator Adams. 24 Senator Stachowski. 25 SENATOR STACHOWSKI: Yes,

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(518) 371-8910 1 Mr. President, I too would like to rise to 2 second the nomination of Harry Corbitt. 3 Obviously, if for no other reason, 4 he's a Buffalo guy. All us Buffalo guys get 5 up and support the Buffalo guys when they're 6 as qualified as Mr. Corbitt is. A wonderful 7 military career, just a classic State Police 8 career. Terrific accomplishments which were 9 mentioned before. 10 I also found it interesting in 11 hearings, and when I heard about Senator 12 Nozzolio's hearings, that he has the support 13 of all of the bargaining units, which is 14 somebody that bargained against them in one of 15 his positions. To have their support I think 16 is also very important. 17 I also think it's extremely 18 important that a man of his quality accepted 19 to be the superintendent at a time where we 20 need somebody special. And he also becomes 21 Senator Paterson's first appointed person that 22 passes through the Senate. 23 And I think that in the long run he 24 will show to be worthy of this honor. I think 25 that we are lucky that Senator Paterson -- I

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(518) 371-8910 1 mean Governor Paterson; years of calling him 2 Senator Paterson -- Governor Paterson sent his 3 name up and that he agreed, when Governor 4 Paterson called upon him to take this 5 position, to take it. 6 For those all those reasons, I'm 7 glad to have had this opportunity to second 8 this nomination. 9 ACTING PRESIDENT GRIFFO: Senator 10 Marcellino. 11 SENATOR MARCELLINO: Thank you, 12 Mr. President. I rise to second the 13 nomination also. 14 Colonel Corbitt, I wish to thank 15 you. I did so in the Finance Committee, but 16 I'll thank you on the record for your service 17 to our nation and to our state. It's 18 exemplary. 19 I listened to Senator Smith go 20 through all the different jobs that you've 21 held in your career. Some might suggest you 22 had a problem holding a job, but not me. 23 That's certainly not my concern. 24 You clearly, clearly are the right 25 person at the right time. You are charged

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(518) 371-8910 1 with leading what I believe to be one of the 2 preeminent if not the preeminent police forces 3 in our nation. And I know, because I've had 4 personal contact with your members as I travel 5 up and down the Thruway. And I have always, 6 always found them to be courteous and 7 professional. Somewhat exasperated with me 8 occasionally, but courteous and professional. 9 Sir, I wish you well. I 10 congratulate you for your appointment. I 11 congratulate Governor Paterson for making a 12 fine choice. God bless you. 13 ACTING PRESIDENT GRIFFO: Senator 14 Thompson. 15 SENATOR THOMPSON: Thank you, 16 Mr. President. Thank you for the opportunity 17 to say just a few kind words. 18 As my colleague from Western 19 New York, Senator Stachowski said, it's always 20 great to have someone from your hometown who 21 is rising to a serious position of leadership 22 and responsibility. 23 One of the things that I was 24 pleased to hear about today was about his 25 commitment to the school resource officer

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(518) 371-8910 1 program which is in many of the schools. I 2 have at least two school districts, one in the 3 town of Grand Island which really looks 4 forward to that program. 5 The other thing that I'm hopeful 6 and optimistic about is his commitment to look 7 at urban violence. Many people have heard me 8 talk about this on the floor of the Senate, 9 that if we're really going to turn around 10 neighborhoods in inner cities across upstate 11 New York, we must address the problem of urban 12 violence. 13 And I believe that there is a role 14 that the State Police has played, it can 15 continue to play and expand upon so that we 16 can reduce the number of drive-by shootings, 17 random violence at nightclubs and bars and 18 playgrounds and parks and all different places 19 that I believe reduce property values, 20 threaten the quality of life, and increase the 21 exodus of people not only out of cities but 22 out of the first-ring, second-ring suburbs and 23 in New York State as a whole. 24 So I look forward to him doing a 25 great job, but also helping to partner with

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(518) 371-8910 1 local governments and local law enforcement 2 agencies so that the State Police can play an 3 even bigger role in solving crimes, unsolved 4 homicides, and improving the quality of life 5 in many of our struggling upstate cities. 6 Thank you, and I stand in support 7 of his nomination. 8 ACTING PRESIDENT GRIFFO: Senator 9 Leibell. 10 SENATOR LEIBELL: Thank you, 11 Mr. President. 12 I rise in support of this 13 nomination. And we can all thank Governor 14 Paterson for sending us over such a 15 well-qualified nominee. 16 We've heard the comments from our 17 colleagues today. And Senator Johnson in 18 Finance, Senator Nozzolio in Crime and 19 Correction, they conducted extensive review of 20 the candidate's qualifications. And I would 21 say to you that I think we'd be hard-pressed 22 to find anyone who's going to come before us 23 during this session who will have a better 24 resume than this appointee. 25 Let me say to you that there is no

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(518) 371-8910 1 more important agency than this one, the 2 New York State Police. This is our "Long Gray 3 Line" in New York State. This is the 4 preeminent law enforcement organization. This 5 is the organization that is respected and held 6 as the standard for state police throughout 7 the United States of America. And it's 8 considered to be one of the finest law 9 enforcement organizations in the world. 10 We are today giving to you, 11 Colonel Corbitt -- we're going to give you 12 very shortly command of this organization. It 13 has had a brilliant history. It will have an 14 even more brilliant future. Every great 15 organization has its challenges; this 16 organization will be no exception. But it 17 will be up to those challenges, I have no 18 question about that. 19 And with Senator Adams, when he was 20 ranking on the Homeland Security Committee, we 21 worked closely with the New York State Police. 22 They briefed us, they advised us, and they 23 gave us the intelligence that we needed in 24 order to do our job. 25 This is a great organization, and I

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(518) 371-8910 1 want to lend my support to this nomination. 2 We have a great nominee here. 3 Thank you. 4 ACTING PRESIDENT GRIFFO: Senator 5 Robach. 6 SENATOR ROBACH: Yes, 7 Mr. President, let me, too, enthusiastically 8 show my support for this nomination. 9 There is no question that at the 10 cornerstone of any society has to be public 11 safety, so this is important in so many ways. 12 Mr. Corbitt's resume, I won't 13 reiterate it, clearly shows that throughout 14 his career he has risen to whatever the 15 challenge is and moved up through the ranks. 16 And I like that too, because I like promoting 17 from within. I think it not only is qualified 18 people, but also builds morale. And in this 19 case, we are doing that. 20 Continuing on the comments of my 21 colleague Senator Leibell, he is absolutely 22 right that the State Police really is looked 23 at as the best of the best when it comes to 24 policing. You will now become the leader of 25 what I believe is one of the best police

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(518) 371-8910 1 organizations, run almost in a paramilitary 2 style, with a history of results, acting 3 professionally and doing great things. And 4 that is truly, truly important. 5 So we want to congratulate you, I 6 want to congratulate you and say, as you take 7 this very, very important mantle, your job 8 will be important for the public, but I do 9 feel it's very important that each of us and 10 collectively have a good relationship with 11 you, whether it's a legislation we need to 12 collectively do to make the public safer, or 13 put the resources in the right place to help 14 you and your men and women do the job to keep 15 all New Yorkers safe. 16 So I wish you well. I make my 17 pledge here to work with you to that good goal 18 of the best public safety we can have here in 19 the State of New York with you, Mr. Corbitt, 20 at the helm. Godspeed. 21 ACTING PRESIDENT GRIFFO: Senator 22 Young. 23 SENATOR YOUNG: Thank you, 24 Mr. President. 25 I rise to add my voice to the

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(518) 371-8910 1 chorus of support for Colonel Corbitt to 2 become the next superintendent of the State 3 Police. 4 He spoke very personally and 5 eloquently during the Finance Committee 6 meeting just a few moments ago. And one of 7 the things that really struck me was that he 8 spoke about his mother and he spoke about how 9 she taught him his work ethic, how hard she 10 worked when he was a youngster -- she was a 11 single mom, and she worked at several jobs -- 12 and the challenges that she faced. 13 And, Colonel Corbitt, I want to 14 assure you that your mother raised you right. 15 She did a fantastic job. And your entire 16 family, I know, is extremely proud of your 17 accomplishments. 18 One of the things that also struck 19 me is that Colonel Corbitt is a great leader. 20 He has the professionalism, he has the 21 strength, but he also has the humility that is 22 necessary to be a great leader. He spoke 23 about his service in Vietnam very briefly, 24 that he earned a Bronze Star. But that 25 humility is necessary when you're leading the

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(518) 371-8910 1 fine men and women of the State Police here in 2 New York State. 3 I come from an area that was 4 traumatized during the manhunt ordeal of Ralph 5 "Bucky" Phillips. And I saw firsthand the 6 dedication that our state troopers exhibit 7 every day. They got up in the morning, they 8 did their jobs, they put themselves in harm's 9 way, they grieved when we lost Trooper 10 Longobardo and when Trooper Baker was severely 11 wound during that manhunt. But it shows the 12 dedication that they have to protect and serve 13 the people of this state. 14 So I want to thank all of the state 15 troopers for what they've done. And I will 16 never forget the night when Bucky Phillips was 17 apprehended. The people of Chautauqua County 18 lined the rural roads, all the way from 19 Pennsylvania north, to applaud and cheer our 20 state troopers for their brave service. 21 So thank you for your willingness 22 to lead this great force. We have had issues 23 that I know you will resolve. And I too, like 24 Senator Leibell, look forward to a very, very 25 distinguished and bright future under your

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(518) 371-8910 1 leadership for the State Police. 2 ACTING PRESIDENT GRIFFO: Thank 3 you, Senator Young. 4 Senator Bruno. 5 SENATOR BRUNO: Can we at this 6 time move the nomination, Mr. President. 7 ACTING PRESIDENT GRIFFO: Thank 8 you, Senator Bruno. 9 The question is on the nomination 10 of Harry James Corbitt as Superintendent of 11 State Police. All in favor signify by saying 12 aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT GRIFFO: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT GRIFFO: 18 Congratulations, Harry James Corbitt. You are 19 now confirmed as Superintendent of the 20 New York State Police. 21 (Extended applause.) 22 ACTING PRESIDENT GRIFFO: Again, 23 we acknowledge and welcome his wife, Earline; 24 his stepson, John. 25 We wish him well, and

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(518) 371-8910 1 congratulations. 2 (Applause.) 3 ACTING PRESIDENT GRIFFO: Senator 4 Bruno. 5 SENATOR BRUNO: Mr. President, is 6 there any further business at the desk to take 7 up at this time? 8 ACTING PRESIDENT GRIFFO: There 9 is not, Senator Bruno. 10 SENATOR BRUNO: Mr. President, 11 there being no further business to come before 12 the Senate, I would move that we stand 13 adjourned until 3:00 p.m. Tuesday, April 29th, 14 intervening days to be legislative days. 15 Thank you. 16 ACTING PRESIDENT GRIFFO: On 17 motion, the Senate stands adjourned until 18 Tuesday, April 29th, at 3:00 p.m., intervening 19 days being legislative days. 20 (Whereupon, at 12:32 p.m., the 21 Senate adjourned.) 22 23 24 25

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