Tuesday, June 30, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 30, 2009 11 7:03 p.m. 12 13 14 EXTRAORDINARY SESSION 15 16 17 18 SENATOR ANDREA STEWART-COUSINS, 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 STEWART-COUSINS: 3 The Senate will please come to order. 4 I ask everyone present to rise and 5 recite with me the Pledge of Allegiance to our 6 Flag. 7 (Whereupon, the assemblage recited 8 the Pledge of Allegiance to the Flag.) 9 ACTING PRESIDENT STEWART-COUSINS: 10 In the absence of clergy, may we all bow our 11 heads for a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT STEWART-COUSINS: 15 Thank you. 16 Senator Smith. 17 SENATOR SMITH: Madam President, 18 is there a proclamation from the Governor at 19 the desk? 20 ACTING PRESIDENT STEWART-COUSINS: 21 Yes, Senator Smith, there is a proclamation 22 here at the desk. 23 The Secretary will read. 24 THE SECRETARY: "Pursuant to the

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(518) 371-8910 1 power vested in me by Article IV, Section 3 of 2 the Constitution, I hereby convene the Senate 3 of the State of New York in Extraordinary 4 Session, at the Capitol, in the City of 5 Albany, on the thirtieth day of June, 6 two thousand nine, at seven o'clock p.m., for 7 the purpose of considering legislation I will 8 submit with respect to various subjects. 9 "Given under my hand and the Privy 10 Seal of the State in the City of Albany this 11 thirtieth day of June in the year two thousand 12 nine, by the Governor, David A. Paterson." 13 ACTING PRESIDENT STEWART-COUSINS: 14 The proclamation having been read, the Senate 15 is in extraordinary session. 16 Senator Smith. 17 SENATOR SMITH: Yes, would you 18 recognize Senator Skelos, please. 19 ACTING PRESIDENT STEWART-COUSINS: 20 Senator Skelos. 21 SENATOR SKELOS: Madam 22 President -- 23 ACTING PRESIDENT STEWART-COUSINS: 24 Yes, Senator Skelos.

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(518) 371-8910 1 SENATOR SKELOS: Now, I don't 2 know if I'm designating you or not, but -- 3 ACTING PRESIDENT STEWART-COUSINS: 4 I will not correct you. 5 SENATOR SKELOS: -- I have to -- 6 and Senator Connor, I'm glad to see you're 7 gainfully employed. 8 (Laughter.) 9 SENATOR SKELOS: Let me just say 10 that as I said earlier today, there was a 11 decision by the Supreme Court judge that 12 indicated that we were required to convene 13 extraordinary session. 14 And I would like to mention again 15 that I will refer to you as Senator 16 Stewart-Cousins, as against Madam President, 17 because it is our belief that you are not 18 appropriately appointed the presiding officer. 19 The designation of a presiding 20 officer would come from either Senator Espada 21 or myself, based upon the vote that was taken 22 in which leadership was changed, 32 actually 23 to zero, electing Senator Espada temporary 24 president of the Senate and myself majority

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(518) 371-8910 1 leader. 2 So I would like to, despite the 3 fact that we do not formally recognize you as 4 the acting president, move that this 5 extraordinary session be adjourned sine die. 6 ACTING PRESIDENT STEWART-COUSINS: 7 Thank you, Senator Skelos. 8 Senator Smith. 9 SENATOR SMITH: Yes, Madam 10 President. Recognizing you as such, as the 11 president of the Senate, I also move, given 12 that we have no further business, that we do 13 not take up any legislative activity and we do 14 adjourn sine die. 15 ACTING PRESIDENT STEWART-COUSINS: 16 On motion of Senator Smith, the session is 17 adjourned sine die. 18 (Whereupon, at 7:06 p.m., the 19 Senate adjourned.) 20 21 22 23 24

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(518) 371-8910