Tuesday, April 28, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 April 28, 2009 11 3:31 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR DAVID J. VALESKY, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24

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(518) 371-8910 1 P R O C E E D I N G S 2 ACTING PRESIDENT VALESKY: The 3 Senate will please come to order. 4 I ask everyone present to rise and 5 recite with me the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT VALESKY: In the 9 absence of clergy, may we bow our heads in a 10 moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT VALESKY: The 14 reading of the Journal. 15 The Secretary will read. 16 THE SECRETARY: In Senate, 17 Monday, April 27, the Senate met pursuant to 18 adjournment. The Journal of Sunday, April 26, 19 was read and approved. On motion, Senate 20 adjourned. 21 ACTING PRESIDENT VALESKY: 22 Without objection, the Journal stands approved 23 as read. 24 Presentation of petitions.

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(518) 371-8910 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Reports of select committees. 5 Communications and reports from 6 state officers. 7 Motions and resolutions. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, on 10 behalf of Senator Carl Kruger, I move that the 11 following bills be discharged from their 12 respective committees and be recommitted with 13 instructions to strike the enacting clause: 14 Senate Number 4690. 15 ACTING PRESIDENT VALESKY: So 16 ordered. 17 Senator Klein. 18 SENATOR KLEIN: On behalf of 19 Senator Squadron, I move that the following 20 bills be discharged from their respective 21 committees and be recommitted with 22 instructions to strike the enacting clause: 23 Senate Number 4548. 24 ACTING PRESIDENT VALESKY: So

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(518) 371-8910 1 ordered. 2 SENATOR KLEIN: On behalf of 3 myself, on page 7 I offer the following 4 amendments to Calendar Number 19, Senate Print 5 1363B, and ask that the said bill retain its 6 place on the Third Reading Calendar. 7 ACTING PRESIDENT VALESKY: So 8 ordered. 9 Senator Klein. 10 SENATOR KLEIN: Are there any 11 substitutions at the desk? 12 ACTING PRESIDENT VALESKY: There 13 are substitutions at the desk. 14 The Secretary will read. 15 THE SECRETARY: On page 7, 16 Senator C. Johnson moves to discharge, from 17 the Committee on Investigations and Government 18 Operations, Assembly Bill Number 755A and 19 substitute it for the identical Senate Bill 20 Number 958B, Third Reading Calendar 8. 21 On page 8, Senator Schneiderman 22 moves to discharge, from the Committee on 23 Codes, Assembly Bill Number 4320A and 24 substitute it for the identical Senate Bill

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(518) 371-8910 1 Number 1647A, Third Reading Calendar 23. 2 On page 14, Senator Adams moves to 3 discharge, from the Committee on Finance, 4 Assembly Bill Number 2858A and substitute it 5 for the identical Senate Bill Number 3580A, 6 Third Reading Calendar 165. 7 On page 16, Senator Sampson moves 8 to discharge, from the Committee on Judiciary, 9 Assembly Bill Number 2574 and substitute it 10 for the identical Senate Bill Number 2970, 11 Third Reading Calendar 184. 12 On page 16, Senator DeFrancisco 13 moves to discharge, from the Committee on 14 Finance, Assembly Bill Number 650 and 15 substitute it for the identical Senate Bill 16 Number 1491, Third Reading Calendar 186. 17 On page 17, Senator Serrano moves 18 to discharge, from the Committee on 19 Investigations and Government Operations, 20 Assembly Bill Number 4692 and substitute it 21 for the identical Senate Bill Number 3424, 22 Third Reading Calendar 199. 23 On page 18, Senator Oppenheimer 24 moves to discharge, from the Committee on

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(518) 371-8910 1 Health, Assembly Bill Number 723 and 2 substitute it for the identical Senate Bill 3 Number 3450, Third Reading Calendar 205. 4 And on page 18, Senator Addabbo 5 moves to discharge, from the Committee on 6 Education, Assembly Bill Number 1245A and 7 substitute it for the identical Senate Bill 8 Number 3254A, Third Reading Calendar 210. 9 ACTING PRESIDENT VALESKY: 10 Substitutions ordered. 11 Senator Klein. 12 SENATOR KLEIN: Mr. President, 13 may we at this time adopt the Resolution 14 Calendar in its entirety, with the exception 15 of Senate Resolutions 1574, 1604, 1605, and 16 1618. 17 ACTING PRESIDENT VALESKY: All 18 those in favor of adopting the Senate 19 Resolution Calendar in its entirety, with the 20 exception of Resolutions 1574, 1604, 1605, and 21 1618, please signify by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT VALESKY: 24 Opposed, nay.

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(518) 371-8910 1 (No response.) 2 ACTING PRESIDENT VALESKY: The 3 Resolution Calendar, with the exceptions, is 4 adopted in its entirety. 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, 7 may we at this time revisit Senate Resolution 8 Number 1033, previously adopted by this house 9 on April 7, 2009, by having the resolution 10 read in its entirety and then recognizing 11 Senator Farley to speak on his resolution. 12 ACTING PRESIDENT VALESKY: The 13 Secretary will read. 14 THE SECRETARY: By Senator 15 Farley, Legislative Resolution Number 1033, 16 honoring "EJ" Knapik upon the occasion of his 17 designation as recipient of the 2009 Silver 18 Helmet AMVET of the Year Award. 19 "WHEREAS, The State of New York 20 takes great pride in recognizing its esteemed 21 residents who have distinguished themselves in 22 their community; and 23 "WHEREAS, 'EJ' Knapik, of 24 Glenville, was honored with the 2009 Silver

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(518) 371-8910 1 Helmet AMVET of the Year Award during a 2 banquet at the Hilton Baltimore BWI Airport on 3 March 14, 2009; and 4 "WHEREAS, 'EJ' is a veteran of 5 World War II and has been actively involved in 6 AMVET since its early days; and 7 "WHEREAS, He was a charter member 8 of the Amsterdam AMVETS Post 21, representing 9 his post as delegate to the state convention 10 nearly every year for 60 years; and 11 "WHEREAS, 'EJ' has also served the 12 post as state legislative chairman for almost 13 40 years and was its first finance officer, 14 district adjutant, and alternate NEC; and 15 "WHEREAS, He served as VAVS 16 representative for the Capital District for 17 AMVETS at the Samuel Stratton VA Medical 18 Center for over 30 years; and 19 "WHEREAS, 'EJ' is also a popular 20 AMVETS presenter of ROTC awards at colleges 21 and universities; and 22 "WHEREAS, He was instrumental in 23 the completion of the New York State Vietnam 24 Memorial, the New York State Korean War

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(518) 371-8910 1 Memorial, and the New York State World War II 2 Memorial; and 3 "WHEREAS, 'EJ' dedicated his time 4 to the Saratoga National VA Cemetery support 5 group; and 6 "WHEREAS, He was honored with the 7 AMVETS National VAVS Leadership Award in 2007; 8 and 9 "WHEREAS, 'EJ' has exhibited the 10 true spirit of this prestigious award through 11 his tireless commitment to veterans; now, 12 therefore, be it 13 "RESOLVED, That this Legislative 14 Body pause in its deliberations to honor 'EJ' 15 Knapik upon the occasion of his designation as 16 special recipient of the 2009 Silver Helmet 17 AMVET of the Year Award; and be it further 18 "RESOLVED, That a copy of this 19 resolution, suitably engrossed, be transmitted 20 to 'EJ' Knapik." 21 ACTING PRESIDENT VALESKY: 22 Senator Farley. 23 SENATOR FARLEY: Thank you, 24 Mr. President.

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(518) 371-8910 1 In the gallery, of course, is "EJ" 2 Knapik, a distinguished World War II 3 veteran -- a member of our greatest 4 generation, I must add. 5 He has been the state legislative 6 chairman for over 40 years on behalf of 7 AMVETS, and he served as the VAVS 8 representative to the Capital District for so 9 many years, and Stratton Hospital. He's 10 worked at the Saratoga National Cemetery and 11 been involved with the memorials for the 12 Vietnam, Korean, and World War II veterans. 13 This is a distinguished veteran, 14 and we're honored to have you here today. 15 And, Mr. President, if you would give the 16 welcome of our house to Mr. Knapik, who is in 17 the gallery right now. I salute you. 18 ACTING PRESIDENT VALESKY: I'll 19 be happy to do so. Thank you, Senator Farley. 20 Mr. Knapik, on behalf of all of the 21 members of the Senate, thank you for your 22 service and congratulations. 23 (Standing ovation.) 24 ACTING PRESIDENT VALESKY:

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(518) 371-8910 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, 3 may we at this time take up Senate Resolution 4 Number 1605. I ask that the resolution be 5 read in its entirety and move for its 6 immediate adoption and allow Senator Savino to 7 speak on her resolution. 8 ACTING PRESIDENT VALESKY: The 9 Secretary will read. 10 THE SECRETARY: By Senator 11 Savino, Legislative Resolution Number 1605, 12 commending the members of the Staten Island 13 Girl Scouts of America upon the occasion of 14 their visit to the New York State Capitol in 15 Albany on Tuesday, April 28, 2009. 16 "WHEREAS, It is the sense of this 17 Legislative Body to honor the youth of today 18 and the leaders of tomorrow whose character 19 and achievements best exemplify the ideals and 20 values cherished by this great state and 21 nation; and 22 "WHEREAS, Attendant to such 23 concern, and in full accord with its 24 long-standing traditions, this Legislative

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(518) 371-8910 1 Body is justly proud to commend the members of 2 the Staten Island Girl Scouts of America upon 3 the occasion of their visit to the New York 4 State Capitol in Albany on April 28, 2009; and 5 "WHEREAS, The troop leaders of the 6 Staten Island Girl Scouts of America include 7 Christine Battaglia, Connie D'Alessio, and 8 Juliee Hughson; and the Girl Scouts are 9 Sakinah Abdul-Badi, Ayanna Bakiriddin, Kelly 10 Ann Cameron, Alessandra Cerrillo, Katherine 11 Connors, Julia D'Alessio, Meagan Derbyshire, 12 Lindsey Ellison, Victoria Gonzalez, Salihah 13 Hughson, Victoria Kennedy, Gabriella Leone, 14 Amanda Levine, Bridget Lewandowski, Angela 15 Masullo, Elaine Minew, Kaitlin O'Brien, Alexa 16 Reidlinger, Brittany Sperruggia, and Nicole 17 Tiburzi; and 18 "WHEREAS, Girl Scouting has 19 cultivated in our state's young people the 20 goals of building solid values of sisterhood 21 and the importance of working with others, 22 stimulating both mind and body, instilling 23 pride and encouraging community service and 24 success; and

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(518) 371-8910 1 "WHEREAS, An American and 2 international institution, Girl Scouting has 3 expanded the horizons of the countless 4 hundreds of thousands who have participated in 5 scouting programs; and 6 "WHEREAS, The founder of Girl 7 Scouts of USA, Juliette Gordon Low, 8 exemplified a lifelong willingness to learn 9 and serve, and a desire to equip others to do 10 so. In developing the Girl Scout movement in 11 the United States, she brought girls of all 12 backgrounds into the out-of-doors, giving them 13 the opportunity to develop self-reliance and 14 resourcefulness; and 15 "WHEREAS, Quite contrary to the 16 societal mores of southern America in 1912, 17 Juliette Gordon Low encouraged girls not only 18 to prepare for roles as homemakers, but for 19 active citizenship and possible roles as 20 professional women in the arts, sciences and 21 business; and 22 "WHEREAS, Active citizenship is 23 something that today's Girl Scouts know about. 24 Girls nationwide embrace making the world a

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(518) 371-8910 1 better place as part of the Girl Scout 2 experience, whether it's a Brownie Girl Scout 3 troop singing to residents at an assisted 4 living facility or teen girls donating their 5 Girl Scout cookie proceeds to hurricane 6 survivors; and 7 "WHEREAS, Thousands of girls ages 8 8 through 14 earn their Girl Scouts Bronze and 9 Silver Award for improving their community 10 through service. Each year, a very special 11 set of teen Girl Scouts pursue the Girl Scout 12 Gold Award, the leadership development project 13 requiring at least 70 hours of community 14 service, after completing a rigorous ladder of 15 preparation steps; and 16 "WHEREAS, Poised eagerly with 17 enthusiasm and determined purpose, the Staten 18 Island High School Girl Scouts now stand 19 honorably and in eager anticipation of future 20 challenges, understanding and appreciating the 21 caring counsel and support provided by their 22 teachers, leaders and parents; now, therefore, 23 be it 24 "RESOLVED, That this Legislative

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(518) 371-8910 1 Body pause in its deliberations to commend the 2 members of the Staten Island Girl Scouts of 3 America upon the occasion their visit to the 4 New York State Capitol in Albany on Tuesday, 5 April 28, 2009, and to extend to them the best 6 wishes for a future of purposeful success and 7 well-being, fully confident of their response 8 to a promising future and appreciative of the 9 model they represent for all aspiring young 10 people of the Empire State; and be it further 11 "RESOLVED, That copies of this 12 resolution, suitably engrossed, be transmitted 13 to the troop leaders and to each member of the 14 Staten Island Girl Scouts of America." 15 ACTING PRESIDENT VALESKY: 16 Senator Savino. 17 SENATOR SAVINO: Thank you, 18 Mr. President. 19 I want to first thank the young 20 ladies who have traveled again to Albany -- I 21 think this is the third trip that they've come 22 to Albany to see what we do up here. And 23 every time, they become more engaged and more 24 interested. And I believe it's as much a

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(518) 371-8910 1 learning experience for myself as it is for 2 them. 3 I also want to thank Senator Lanza 4 for helping host today's Girl Scout trip to 5 Albany, and my colleagues in the Assembly. 6 We know that the first Girl Scouts 7 troop was organized just about a hundred years 8 ago, and about 60 years ago Congress chartered 9 the Girl Scouts of the USA. As of this year, 10 there are 3.7 million Girl Scouts in the 11 world, 2.7 million girls and 928,000 adults 12 working primarily as volunteers. 13 Up there in the chamber behind 14 those girls are four women who lead this 15 troop: Christine Battaglia, the coordinator; 16 Connie D'Alessio; Debby Dennis; and Juliee 17 Hughson. They volunteer their time and their 18 efforts to help these young ladies live up to 19 the Girl Scout mission. 20 And that mission is Girl Scouting 21 builds girls of courage, confidence and 22 character who make the world a better place. 23 And they certainly do. In fact, they made the 24 chamber a better place today when they gave us

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(518) 371-8910 1 a gift. When you all came in you noticed on 2 your desks was a box of Girl Scout cookies, 3 courtesy of those young ladies up here. 4 Although I do know, apparently 5 the -- I've been informed by Mike Fallon that 6 they may in fact have violated the ethics law 7 by providing us with a gift of more than 8 nominal value. But I think we will have to 9 overlook that, because they did it with the 10 best of intentions. 11 (Laughter.) 12 SENATOR SAVINO: So again, I want 13 to thank them for coming up again, 14 participating in getting to know what 15 government is about, and helping make us 16 better people as we help make them better 17 young ladies of character. 18 ACTING PRESIDENT VALESKY: Thank 19 you, Senator Savino. 20 Senator Marcellino. 21 SENATOR MARCELLINO: Mr. 22 President, if it would help Senator Savino, I 23 would be more than happy to help her eat the 24 evidence.

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(518) 371-8910 1 (Laughter.) 2 ACTING PRESIDENT VALESKY: All in 3 favor of adopting the resolution signify by 4 saying aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT VALESKY: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT VALESKY: The 10 resolution is adopted. 11 On behalf of Senators Savino and 12 Lanza, thank you for sharing part of your day 13 with us. Continue to do the good work that 14 you do in Staten Island. Thank you, and safe 15 travels home. 16 (Applause.) 17 ACTING PRESIDENT VALESKY: 18 Senator Klein. 19 SENATOR KLEIN: Mr. President, 20 may we at this time take up Senate Resolution 21 Number 1574. I ask that the title of the 22 resolution be read and move for its immediate 23 adoption and allow Senator Serrano to speak on 24 his resolution.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: The 2 Secretary will read. 3 THE SECRETARY: By Senator 4 Serrano, Legislative Resolution Number 1574, 5 memorializing Governor David A. Paterson to 6 proclaim September 12-13, 2009, as Heritage 7 Weekend in the State of New York, and 8 September 7-13, 2009, as Heritage Week in the 9 State of New York. 10 ACTING PRESIDENT VALESKY: 11 Senator Serrano, on the resolution. 12 SENATOR SERRANO: Thank you very 13 much, Mr. President. 14 This is really a wonderful 15 resolution, and I hope that my colleagues join 16 me in supporting it. Heritage Week is a very 17 important initiative which will help attract 18 visitors to our state's wonderful tourist 19 destinations. 20 Heritage Week takes place from 21 September 7th through the 13th, and during 22 this time museums, historical societies, parks 23 and other tourist attractions throughout the 24 state have all agreed to provide reduced rates

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(518) 371-8910 1 to special events and visitors. 2 It's important to know, within my 3 role as chair of the Committee on Cultural 4 Affairs and Tourism, how important it is as an 5 economic development tool that we have people 6 utilizing our state parks, our cultural 7 attractions which we have so many of. 8 And during the past, during times 9 of fiscal downturn as what we are experiencing 10 now, usage at state parks, museums, and other 11 historical and heritage locations goes up. I 12 think the term "staycation" -- meaning you go 13 on vacation but you stay close to home -- 14 really does explain what many families will be 15 doing during this summer break. 16 And I think it's wonderful that we 17 have Heritage Week as a real opportunity to 18 showcase all of the wonderful tourist 19 attractions that we have here in our very own 20 State of New York. Whether it be downstate, 21 upstate, on the western edge, there is really 22 so much to be done. And I really look forward 23 to Heritage Week and also ensuring that people 24 take advantage of it.

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(518) 371-8910 1 I spoke a bit about statewide the 2 importance of this, but a little bit closer to 3 home where I represent, in East Harlem and the 4 South Bronx, during the 1970s the community 5 was in many ways abandoned. There was so much 6 blight throughout the community. 7 And when you think about how we 8 recovered as a community, in many ways our 9 cultural institutions brought in much-needed 10 resources, whether it be the Bronx Zoo, the 11 Botanical Gardens, the museums. It really did 12 aid in the overall recovery of our community. 13 Now, East Harlem and the South 14 Bronx, with emerging and growing and 15 strengthening cultural corridors, are becoming 16 hotbeds of tourism and cultural activity. 17 So I thank you very much, 18 Mr. President, for your indulgence in letting 19 me speak on this resolution, and I hope all my 20 colleagues join me in supporting it. 21 Thank you. 22 ACTING PRESIDENT VALESKY: Thank 23 you, Senator Serrano. 24 Are there any other Senators who

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(518) 371-8910 1 wish to be heard? 2 Seeing none, the question is on the 3 resolution. All in favor signify by saying 4 aye. 5 (Response of "Aye.") 6 ACTING PRESIDENT VALESKY: 7 Opposed, nay. 8 (No response.) 9 ACTING PRESIDENT VALESKY: The 10 resolution is adopted. 11 Senator Serrano has requested that 12 the resolution be open for multisponsorship. 13 Any Senator wishing not to cosponsor the 14 resolution please notify the desk. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, 17 may we at this time take up Senate Resolution 18 Number 1604. I ask that the title of the 19 resolution be read and move for its immediate 20 adoption and allow Senator Antoine Thompson to 21 speak on his resolution. 22 ACTING PRESIDENT VALESKY: The 23 Secretary will read. 24 THE SECRETARY: By Senator

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(518) 371-8910 1 Thompson, Legislative Resolution Number 1604, 2 urging the New York State Congressional 3 delegation to aid in the appropriation of the 4 $475 million called for in President Obama's 5 budget for a Great Lakes restoration 6 initiative, and to provide the economic 7 investment and revitalization that the Great 8 Lakes system needs. 9 ACTING PRESIDENT VALESKY: 10 Senator Thompson. 11 SENATOR THOMPSON: Thank you. 12 Thank you, Mr. President. That sounds good. 13 Great ring to it. And the Deputy Majority 14 Leader, I want to thank him for giving me just 15 a couple of quick moments. 16 Today is Great Lakes Lobby Day in 17 Albany, and it's really important, 18 particularly up in upstate New York and 19 Western New York, where we have two Great 20 Lakes, Erie and Ontario. They play a vital 21 role in New York State's economy. In addition 22 to that, more than 3 million New Yorkers 23 receive drinking water from the Great Lakes as 24 well.

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(518) 371-8910 1 The EPA is really moving forward 2 under President Obama to help clean up many of 3 our Great Lakes. This year in the state 4 budget we're able to provide funding through 5 the Environmental Protection Fund to improve 6 our Great Lakes as well. 7 In the Great Lakes, there are 8 thousands of islands. In my part of the state 9 we have Grand Island, which is an area that 10 many people live in, and it's a really great 11 place as well. 12 In addition, to Cayuga Island we 13 were able to provide some funding through the 14 Biodiversity Stewardship Program through the 15 EPF as well. 16 I encourage everyone to support 17 this resolution. In addition, waterfront 18 revitalization this year was increased in the 19 Environmental Protection Fund. And that's a 20 really big issue in many communities in 21 upstate New York, waterfront revitalization, 22 particularly as the shoreline abuts the Great 23 Lakes. 24 So I would encourage everyone we've

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(518) 371-8910 1 got to protect our water. I was just recently 2 in Atlanta, and as many people remember, last 3 year they couldn't even water their grass for 4 most of the summer. They couldn't wash their 5 cars as well. 6 And we have a precious commodity in 7 terms of an abundant supply of water. And we 8 must protect that water, because in the next 9 10 to 25 years our Great Lakes are going to be 10 one of the most sought-after things in the 11 United States of America. 12 Thank you. 13 ACTING PRESIDENT VALESKY: Thank 14 you, Senator Thompson. 15 Are there any other Senators who 16 wish to be heard on the resolution? 17 Seeing none, the question is on the 18 resolution. All in favor signify by saying 19 aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT VALESKY: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT VALESKY: The

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(518) 371-8910 1 resolution is adopted. 2 Senator Thompson has asked that it 3 be open for cosponsorship. Any Senator 4 wishing not to cosponsor the resolution please 5 notify the desk. 6 Senator Klein. 7 SENATOR KLEIN: Mr. President, 8 may we at this time take up Senate Resolution 9 Number 1618. I ask that the resolution be 10 read in its entirety and move for its 11 immediate adoption and allow Senator Perkins 12 to speak on his resolution. 13 ACTING PRESIDENT VALESKY: The 14 Secretary will read. 15 THE SECRETARY: By Senator 16 Perkins, Legislative Resolution Number 1618, 17 honoring the many contributions of the 18 New York State farmworkers and recognizing 19 their need for fair labor practices. 20 "WHEREAS, It is the sense of this 21 Legislative Body to commend the efforts of our 22 farmworkers as they continue their hard work 23 in cultivating the land, facing the many 24 challenges of nature such as flood, drought

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(518) 371-8910 1 and heat, in order to grow our food; and 2 "WHEREAS, Attendant to such 3 concern, and in full accord with its 4 long-standing traditions, this Legislative 5 Body is justly proud to honor the many 6 contributions of the New York State 7 farmworkers and to recognize their need for 8 fair labor practices; and 9 "WHEREAS, Friday, May 1, 2009, is 10 International Labor Day. The campaign for an 11 8-hour work day and a 40-hour work week 12 launched by the American Federation of Labor 13 on May 1, 1890, continues to this day for 14 farmworkers in New York State; and 15 "WHEREAS, Farmworkers directly 16 contribute billions of dollars of economic 17 productivity to the New York economy and are 18 the backbone for the 'buy local' movement now 19 coming into vogue. The denial of equal rights 20 and protections to farmworkers in 2009 relates 21 fundamentally to our country's original sin of 22 slavery; and 23 "WHEREAS, Over 70 years ago, the 24 New Deal labor regime, as conceived by

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(518) 371-8910 1 New York leaders President Franklin Delano 2 Roosevelt, Secretary of Labor Frances Perkins, 3 and Secretary Robert Wagner, directed Congress 4 to pass basic wage and hour protections for 5 industrial and agricultural workers. 6 "Despite a majority, these 7 protections were passed only by accommodating 8 the demands of Southern segregationists who 9 objected on the grounds that the protections 10 would put farmworkers, a primarily 11 African-American workforce, on an equal 12 footing with their white counterparts in other 13 industries. As a result, the farmworkers fell 14 victim to political expediency and were left 15 out of the New Deal and subsequent labor and 16 employment protections; and 17 "WHEREAS, New York State then 18 patterned its own labor laws after the 19 New Deal, repeating those particular 20 exclusions. This state of affairs stands in 21 contrast to New York's ideals, history, and 22 contemporary popular opinion; and 23 "WHEREAS, Ending this shameful era 24 of exclusion would restore pride to the 'Pride

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(518) 371-8910 1 of New York' program and truly honor the 2 industrious farmworkers of New York State; 3 now, therefore, be it 4 "RESOLVED, That this Legislative 5 Body pause in its deliberations to honor the 6 many contributions of New York State 7 farmworkers and to recognize their need for 8 fair labor practices; and be it further 9 "RESOLVED, That copies of this 10 resolution, suitably engrossed, be transmitted 11 to the Rural and Migrant Ministry and to the 12 Justice for Farmworkers Campaign." 13 ACTING PRESIDENT VALESKY: 14 Senator Perkins, on the resolution. 15 SENATOR PERKINS: Thank you very 16 much, Mr. President. 17 And I hope I can get the support of 18 my colleagues on this resolution. 19 Every day in our lives we are 20 fortunate enough to receive the benefits of 21 the hard work from others -- education from 22 teachers, safety from firemen and police, and 23 health from doctors. The benefits from their 24 hard work are clear to see, and they are much

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(518) 371-8910 1 appreciated. 2 It's critical that we see the hard 3 work of farmworkers through that same lens. 4 Farmworkers are as equally important as the 5 professions I just mentioned. 6 Unfortunately, the fruits of their 7 labor and their hard work are often 8 underappreciated. We see the product of their 9 work every day in our supermarkets and on our 10 dinner tables. It's time we value those who 11 provide for us by providing them with fair 12 labor practices. 13 So for me, this is not simply about 14 fair labor practices, but frankly this is 15 about civil rights, this is about human 16 rights. And I would hope that my colleagues 17 would join me in showing respect and support 18 for the farmworkers. 19 Thank you. 20 ACTING PRESIDENT VALESKY: Thank 21 you, Senator Perkins. 22 Senator Schneiderman, on the 23 resolution. 24 SENATOR SCHNEIDERMAN: Thank you.

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(518) 371-8910 1 I am pleased to stand in support of 2 this resolution also. And I would urge my 3 colleagues, ladies and gentlemen, this is a 4 matter of fundamental justice. And in the 5 history of the United States we've seen over 6 and over again that you can delay justice, but 7 ultimately you cannot deny justice. 8 Farmworkers deserve protections 9 that are available to every other union 10 member, to other workers in the State of 11 New York. It is appalling that in 2009 we 12 still have the antiquated system in place that 13 exists under our state laws. 14 I would urge everyone to support 15 the resolution. But also let us act on this 16 resolution. We have two more months of 17 session. Let's not leave here without dealing 18 with the rights of farmworkers once and for 19 all in the great State of New York. 20 Thank you, Mr. President. 21 ACTING PRESIDENT VALESKY: Thank 22 you, Senator Schneiderman. 23 Are there any other Senators who 24 wish to be heard?

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(518) 371-8910 1 Seeing none, the question is on the 2 resolution. All in favor please signify by 3 saying aye. 4 (Response of "Aye.") 5 ACTING PRESIDENT VALESKY: 6 Opposed, nay. 7 (No response.) 8 ACTING PRESIDENT VALESKY: The 9 resolution is adopted. 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, 12 can we at this time move to a reading of 13 Senate Calendar Number 39. 14 ACTING PRESIDENT VALESKY: The 15 Secretary will proceed with the reading of 16 Senate Calendar Number 39. 17 THE SECRETARY: Calendar Number 18 145, by Member of the Assembly Aubry, Assembly 19 Print Number 4039, an act to amend the 20 Correction Law, in relation to removal. 21 ACTING PRESIDENT VALESKY: Read 22 the last section. 23 THE SECRETARY: Section 2. This 24 act shall take effect immediately.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Call 2 the roll. 3 (The Secretary called the roll.) 4 THE SECRETARY: Ayes, 60. 5 ACTING PRESIDENT VALESKY: The 6 bill is passed. 7 THE SECRETARY: Calendar Number 8 165, substituted earlier today by Member of 9 the Assembly Weinstein, Assembly Print Number 10 2858A, an act to amend the Executive Law, in 11 relation to authorizing. 12 SENATOR LIBOUS: Lay it aside. 13 ACTING PRESIDENT VALESKY: The 14 bill is laid aside. 15 THE SECRETARY: Calendar Number 16 168, by Senator Sampson, Senate Print 2350, an 17 act to amend the Real Property Actions and 18 Proceedings Law, in relation to excluding 19 certain days. 20 ACTING PRESIDENT VALESKY: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect on the 30th day. 24 ACTING PRESIDENT VALESKY: Call

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(518) 371-8910 1 the roll. 2 (The Secretary called the roll.) 3 THE SECRETARY: Ayes, 58. Nays, 4 2. Senators Ranzenhofer and Saland recorded 5 in the negative. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 175, by Senator Thompson, Senate Print 3784, 10 an act to amend the Environmental Conservation 11 Law, in relation to special powers. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Calendar Number 23 180, by Senator Hassell-Thompson, Senate Print 24 3755, an act to amend Chapter 383 of the Laws

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(518) 371-8910 1 of 1991, relating to the incorporation. 2 ACTING PRESIDENT VALESKY: Read 3 the last section. 4 THE SECRETARY: Section 2. This 5 act shall take effect immediately. 6 ACTING PRESIDENT VALESKY: Call 7 the roll. 8 (The Secretary called the roll.) 9 ACTING PRESIDENT VALESKY: 10 Senator Marcellino, to explain his vote. 11 SENATOR MARCELLINO: Yes, 12 Mr. President. I appreciate the purpose of 13 this bill, and I appreciate the intent of the 14 Senator who's sponsoring the bill. 15 However, at a time when the Bronx 16 zoo is shipping, according to the papers, 17 animals from its exhibits to other zoos around 18 the country, if not the world, closing down 19 exhibits and shortening hours due to a lack of 20 funds, at a time when budgets are being cut, 21 people are being laid off, and a whole host of 22 issues going on as a result of the economic 23 fiscal times that we are going through -- and 24 I know this bill doesn't mandate it. I know

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(518) 371-8910 1 this bill doesn't require them to do anything. 2 It simply gives them the opportunity or the 3 permission to do it if they choose. 4 I would suggest that the zoo at 5 this point in time perhaps think twice before 6 they issue or do away with any possible 7 revenue that they could get. I don't think 8 this is the time for it. 9 I understand the symbolism. I 10 understand that it's a good thing to let 11 youngsters in the zoo for free. However, the 12 zoo can't afford it at this point in time. 13 And I would suggest that they keep as much 14 revenue in their coffers as they possibly can. 15 Mr. President, I vote nay. 16 ACTING PRESIDENT VALESKY: 17 Senator Marcellino to be recorded in the 18 negative. 19 Senator Hassell-Thompson, to 20 explain her vote. 21 SENATOR HASSELL-THOMPSON: Thank 22 you. Thank you, Mr. President. 23 I'm sorry that I was not recognized 24 before Senator Marcellino, because I wanted

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(518) 371-8910 1 the opportunity to say that we are very 2 cognizant in the Bronx of the difficulties in 3 our budget. And I know that every free day 4 represents or appears to represent a 5 non-revenue day for the zoo. 6 But one of the things that becomes 7 important about our zoo and I don't want us to 8 lose sight of -- which is what this bill 9 really is about -- is that the zoo is more 10 than a recreational facility, it is a science 11 area as well. And one of the things that over 12 the many years that the Bronx Zoo has 13 attempted to do is to not only give a free day 14 to our senior citizens but to our children to 15 ensure that they have an opportunity to be 16 able to come, study and enjoy the animals in 17 this relative captivity. 18 We do recognize, and so does the 19 zoo, the importance. But I just appreciate 20 their understanding and the sacrifices that 21 staff has been willing to make to adjust their 22 own salaries in order to continue to 23 accommodate the children of our community, not 24 only in the Bronx but across this state.

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(518) 371-8910 1 The Bronx Zoo is a treasure to the 2 Bronx but, as well, to the State of New York. 3 It is part of a wildlife zoological experiment 4 that does extensive work with animals. And 5 not just for the animal lover, but it is a 6 place where people can learn about those 7 animals that are becoming extinct and the 8 efforts on the part of the zoo to connect to 9 the Congo and to other areas where the animals 10 come from. It is as much an educational 11 opportunity as it is a joy and a pleasure. 12 So for those of you who supported 13 this bill today, I appreciate it, as a 14 representative of the Bronx and of the zoo. 15 But certainly I do recognize, as all of you 16 do, what a difficult time this is. 17 But if we take every educational 18 opportunity and every pleasure away from the 19 people in our communities, it will make it 20 that much more difficult for us to get through 21 these difficult times. 22 Thank you, Mr. President. 23 ACTING PRESIDENT VALESKY: 24 Senator Hassell-Thompson to be recorded in the

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(518) 371-8910 1 affirmative. 2 Announce the results. 3 THE SECRETARY: Ayes, 59. Nays, 4 1. Senator Marcellino recorded in the 5 negative. 6 ACTING PRESIDENT VALESKY: The 7 bill is passed. 8 THE SECRETARY: Calendar Number 9 195, by Senator Lanza, Senate Print 3008, an 10 act to amend the Public Buildings Law, in 11 relation to naming. 12 ACTING PRESIDENT VALESKY: Read 13 the last section. 14 THE SECRETARY: Section 2. This 15 act shall take effect immediately. 16 ACTING PRESIDENT VALESKY: Call 17 the roll. 18 (The Secretary called the roll.) 19 THE SECRETARY: Ayes, 60. 20 ACTING PRESIDENT VALESKY: The 21 bill is passed. 22 THE SECRETARY: Senator Klein, 23 that completes the noncontroversial reading of 24 the calendar.

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(518) 371-8910 1 SENATOR KLEIN: Mr. President, at 2 this time can we please move to a reading of 3 the controversial calendar. 4 ACTING PRESIDENT VALESKY: The 5 Secretary will ring the bells. 6 I ask all members to proceed to the 7 Senate chamber so that we can commence with 8 the one bill on the controversial calendar for 9 today's agenda. 10 The Secretary will read. 11 THE SECRETARY: Calendar Number 12 165, substituted earlier today by Member of 13 the Assembly Weinstein, Assembly Print Number 14 2858A, an act to amend the Executive Law. 15 SENATOR LIBOUS: Mr. President. 16 ACTING PRESIDENT VALESKY: 17 Senator Libous. 18 SENATOR LIBOUS: Thank you, 19 Mr. President. 20 I believe there is an amendment at 21 the desk by Senator Robach. I would ask that 22 you waive its reading and call on Senator 23 Robach, please. 24 ACTING PRESIDENT VALESKY: Thank

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(518) 371-8910 1 you, Senator Libous. 2 There is an amendment at the desk. 3 I have reviewed the amendment with counsel and 4 rule it out of order as not germane to the 5 original bill. 6 The amendment, which would prohibit 7 certain discriminatory practices against 8 victims of domestic violence related to 9 housing accommodations, that's a different 10 topic than the underlying bill, which is 11 intended to maintain the confidentiality of 12 domestic violence victims' residential, school 13 or work addresses. 14 Senator Robach. 15 SENATOR ROBACH: Yes, 16 Mr. President. If I could appeal the ruling 17 of the chair. 18 ACTING PRESIDENT VALESKY: You 19 certainly may. 20 SENATOR ROBACH: This is a very, 21 very important -- 22 ACTING PRESIDENT VALESKY: 23 Senator Robach, you wish to be heard on the 24 appeal; is that correct?

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(518) 371-8910 1 SENATOR ROBACH: Please, 2 Mr. President. 3 ACTING PRESIDENT VALESKY: 4 Senator Robach, on the appeal. 5 SENATOR ROBACH: I indeed do. 6 This is very important, I think not 7 only in scope but also in germaneness. This 8 is a bill that obviously, if people don't have 9 a residence to begin with -- I think it only 10 improves Senator Adams' very good bill -- 11 there is no address to keep confidentiality of 12 any kind. This bill couldn't be more germane 13 to anybody logically looking at this. 14 This is a bill that's been worked 15 on not only with victims and advocates in 16 Rochester, but all across the state. And we 17 have tried several attempts to get this bill 18 out by a motion to discharge and other things, 19 only to have this be cut off by several 20 different ways by the other side of the aisle. 21 And I think clearly Senator Adams' 22 bill, which is very good, anyone with any 23 concern for this population group or any 24 modicum of logic would know that if you don't

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(518) 371-8910 1 have a residence and you're denied that, there 2 is absolutely no address to keep confidential. 3 So I would hope that all my 4 colleagues, again on both sides of the aisle, 5 would vote to amend this bill to make Senator 6 Adams' very good bill that much stronger and 7 further protect the advocates who have been 8 working on this piece of legislation for some 9 time. 10 Thank you, Mr. President. 11 ACTING PRESIDENT VALESKY: Thank 12 you, Senator Robach. 13 The original ruling, which is that 14 the amendment is not germane, would also 15 require a change in the title of the original 16 bill. 17 And also we believe that the 18 amendment would significantly expand the 19 purpose and the scope and the object of the 20 original bill. So the ruling is that the 21 amendment is not germane. 22 The question before the house, 23 then, is whether the decision of the chair 24 shall stand. All those in favor of overruling

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(518) 371-8910 1 the decision of the chair please raise your 2 hand. 3 The Secretary will announce the 4 results. 5 THE SECRETARY: Ayes, 30. Nays, 6 29. 7 ACTING PRESIDENT VALESKY: Having 8 failed to obtain the necessary votes, the 9 ruling of the chair is sustained and the 10 appeal is denied. 11 Are there any Senators who wish to 12 be heard on the legislation that's presently 13 before us? 14 Can we have some order, please. 15 Seeing none, the Secretary will 16 read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect on the first of January 19 next succeeding. 20 ACTING PRESIDENT VALESKY: Call 21 the roll. 22 (The Secretary called the roll.) 23 SENATOR LIBOUS: Mr. President, 24 point of order, please.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Yes, 2 Senator Libous. 3 SENATOR LIBOUS: Clarification on 4 the last vote, please. 5 ACTING PRESIDENT VALESKY: On the 6 appeal of the ruling of the chair? 7 SENATOR LIBOUS: That's correct, 8 sir. 9 ACTING PRESIDENT VALESKY: 10 Senator Libous, there were 30 votes recorded 11 to overrule the decision of the chair, falling 12 two shy of the 32 necessary. Therefore, the 13 appeal failed. 14 SENATOR LIBOUS: Could you point 15 out the section of law? Or the rules, I'm 16 sorry. 17 ACTING PRESIDENT VALESKY: 18 Section 234, Subsection 1 of Mason's. 19 SENATOR LIBOUS: Mason's? 20 ACTING PRESIDENT VALESKY: 21 Mason's. 22 SENATOR LIBOUS: Could you please 23 read the section, Mr. President? Because I 24 don't have Mason's available with me.

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: Sure. 2 "A tie vote sustains the presiding officer, 3 since a majority is required to overrule the 4 presiding officer's decision." Per Mason's, 5 Section 234, Subsection 1. 6 SENATOR LIBOUS: Mr. President, 7 if I could continue my point of order. 8 ACTING PRESIDENT VALESKY: Yes. 9 SENATOR LIBOUS: What do the 10 Senate rules say? Mr. President, Mason's is 11 used only when the Senate rules are silent. 12 ACTING PRESIDENT VALESKY: -- are 13 silent. The Senate rules are silent on this 14 matter. Hence the reference to Mason's. 15 SENATOR LIBOUS: And if I 16 understand, it was 30-29, is that correct? 17 ACTING PRESIDENT VALESKY: Thirty 18 votes to overturn the ruling of the chair, 19 falling two shy of a majority of the house. 20 SENATOR LIBOUS: A majority of 21 the members present, Mr. President. Thirty to 22 29 is a majority of one. 23 ACTING PRESIDENT VALESKY: 24 Senator Klein, why do you rise?

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(518) 371-8910 1 SENATOR KLEIN: Mr. President, 2 could we stand at ease for a moment. 3 ACTING PRESIDENT VALESKY: The 4 Senate will stand at ease momentarily. 5 (Whereupon, the Senate stood at 6 ease at 4:16 p.m.) 7 (Whereupon, the Senate reconvened 8 at 4:18 p.m.) 9 ACTING PRESIDENT VALESKY: 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, I 12 just want to refer the Senate to the pertinent 13 rule. It's Senate Rule 9, Section 4-C. It 14 shall require an affirmative vote of a 15 majority of all members elected to overrule a 16 ruling of the chair. 17 ACTING PRESIDENT VALESKY: 18 Senator Libous. 19 SENATOR LIBOUS: So, 20 Mr. President, it is therefore in the Senate 21 rules? 22 ACTING PRESIDENT VALESKY: It is 23 therefore in the Senate rules. 24 One would expect me to have known

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(518) 371-8910 1 that, is what you're going to say next; right? 2 (Laughter.) 3 SENATOR LIBOUS: Thank you, 4 Mr. President. 5 ACTING PRESIDENT VALESKY: You're 6 welcome, Senator Libous. 7 On the bill, the Secretary will 8 read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect on the first of January 11 next succeeding. 12 ACTING PRESIDENT VALESKY: Call 13 the roll. 14 (The Secretary called the roll.) 15 ACTING PRESIDENT VALESKY: The 16 Secretary will announce the results. 17 THE SECRETARY: In relation to 18 Calendar Number 165: Ayes, 61. Nays, 0. 19 ACTING PRESIDENT VALESKY: The 20 bill is passed. 21 Senator Klein, that completes the 22 controversial reading of the calendar. 23 SENATOR KLEIN: Mr. President, is 24 there any further business at the desk?

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(518) 371-8910 1 ACTING PRESIDENT VALESKY: There 2 is none. 3 SENATOR KLEIN: There being none, 4 I move that we adjourn until Wednesday, 5 April 29th, at 11:00 a.m. 6 ACTING PRESIDENT VALESKY: On a 7 motion by Senator Klein, the Senate stands 8 adjourned until Wednesday, April 29th, at 9 11:00 a.m. 10 (Whereupon, at 4:24 p.m., the 11 Senate adjourned.) 12 13 14 15 16 17 18 19 20 21 22 23 24

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(518) 371-8910