Wednesday, July 1, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 July 1, 2009 11 3:07 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

Candyco Transcription Service, Inc.

(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 would you please recognize Senator Skelos, 19 please. 20 ACTING PRESIDENT STEWART-COUSINS: 21 Senator Skelos. 22 SENATOR SKELOS: Thank you, 23 Senator Stewart-Cousins. 24 And I'd like to again just

Candyco Transcription Service, Inc.

(518) 371-8910 1 mention -- and really, for the sake of the 2 decorum within the chamber, it's really not 3 necessary to have guards around the podium. 4 Because we're not going to rush up and, you 5 know, take it over or anything like that. 6 So, you know, really it's sort of 7 unseemly, unbecoming that you have the Aponte 8 militia up there. I would ask that they just 9 go back to doing what jobs they do do. We're 10 not going to rush the podium. You are secure 11 and safe up there, even though we do not 12 recognize you as the temporary presiding 13 officer. 14 Mainly because, as you know, on 15 June 8th there was a vote that elected Senator 16 Espada temporary president of the Senate, 17 myself as the majority leader, and that we are 18 all here because of a court order that 19 requires to us to convene as a body, and 20 really that's it. 21 So again, I would reiterate that we 22 do not recognize you as the temporary 23 president. We are only here to convene as the 24 judge has required.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Therefore, at this time I would 2 like to make a motion to adjourn the 3 extraordinary session sine die and lay aside 4 the calendar. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Senator Smith. 7 SENATOR SMITH: Yes, thank you, 8 Madam President. 9 Thank you, Senator Skelos. 10 Madam President, would you at least 11 read the proclamation that was issued at the 12 desk by the Governor. 13 ACTING PRESIDENT STEWART-COUSINS: 14 The Secretary will read. 15 THE SECRETARY: "Pursuant to the 16 power vested in me by Article IV, Section 3 of 17 the Constitution, I hereby amend the 18 proclamation issued on the thirtieth day of 19 June, two thousand nine, convening the Senate 20 of the State of New York in Extraordinary 21 Session at the Capitol, in the City of Albany, 22 on the first day of July, two thousand nine, 23 at three o'clock p.m., to include for 24 consideration legislation to extend mayoral

Candyco Transcription Service, Inc.

(518) 371-8910 1 control of New York City schools and to extend 2 the exemption from the Wicks Law for the 3 School Construction Authority. 4 "Given under my hand and the Privy 5 Seal of the State in the City of Albany this 6 first day of July in the year two thousand 7 nine, by the Governor, David A. Paterson." 8 ACTING PRESIDENT STEWART-COUSINS: 9 The proclamation having been read, the Senate 10 is in extraordinary session. 11 Senator Smith. 12 SENATOR SMITH: Yes, thank you, 13 Madam President. 14 Now that we are in Extraordinary 15 Session Number 9, and I believe all members 16 are in the chamber on both sides of the aisle, 17 that we have met the order of the judge by 18 which we are all to be present. 19 And given that we have no 20 legislative activity today, I ask that we 21 adjourn this special extraordinary session 22 sine die. 23 SENATOR SKELOS: Madam President, 24 we'd like to move that we adjourn the

Candyco Transcription Service, Inc.

(518) 371-8910 1 extraordinary session sine die. 2 ACTING PRESIDENT STEWART-COUSINS: 3 On the motion of Senator Smith, we will 4 adjourn the ninth extraordinary session 5 sine die. 6 (Whereupon, at 3:11 p.m., the 7 Senate adjourned.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Candyco Transcription Service, Inc.

(518) 371-8910