Friday, July 3, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 July 3, 2009 11 3:03 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

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: Yes, Madam 18 President. Is there a proclamation from the 19 Governor at 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

Candyco Transcription Service, Inc.

(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 third day of July, two thousand 6 nine, at three o'clock p.m., for the purpose 7 of considering legislation I will submit with 8 respect to various subjects, and acting on 9 gubernatorial nominations. 10 "Given under my hand and the Privy 11 Seal of the State in the City of Albany this 12 first day of July in the year two thousand 13 nine, by the Governor, David A. Paterson." 14 ACTING PRESIDENT STEWART-COUSINS: 15 The proclamation having been read, the Senate 16 is in extraordinary session. 17 Senator Smith. 18 SENATOR SMITH: Thank you, 19 Madam President. Would you please recognize 20 my esteemed colleague Senator Dean Skelos, 21 please. 22 ACTING PRESIDENT STEWART-COUSINS: 23 Senator Skelos. 24 SENATOR SKELOS: Thank you,

Candyco Transcription Service, Inc.

(518) 371-8910 1 Senator Stewart-Cousins. And thank you, 2 Senator Smith. 3 And let me just start off by 4 wishing Senator Owen Johnson a happy birthday. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Happy birthday. 7 (Applause.) 8 SENATOR SKELOS: And Senator 9 Johnson has assured everybody that he is going 10 to outlive Moses. 11 (Laughter.) 12 SENATOR SKELOS: So I'd like to 13 say again good afternoon, Senator 14 Stewart-Cousins. 15 And again, we convene this 16 extraordinary session at the call of the 17 Governor and in keeping with the decision of 18 the court. 19 On June 8th, a majority of the 20 members of this body elected Senator Pedro 21 Espada as temporary president and myself as 22 majority leader. Under the rules adopted that 23 day, I must point out that you are not the 24 appropriate designated presiding officer.

Candyco Transcription Service, Inc.

(518) 371-8910 1 Therefore, I would like to lay 2 aside the calendar and move that we adjourn 3 sine die. 4 ACTING PRESIDENT STEWART-COUSINS: 5 Thank you, Senator Skelos. 6 Senator Smith. 7 SENATOR SMITH: Yes, thank you, 8 Madam President. 9 And also on behalf of the 10 Democratic majority, notwithstanding the round 11 of applause, we would like to extend a 12 wonderful happy birthday to Owen Johnson, who 13 is a handsome Senator, a good-looking young 14 man, proud to be a member of this chamber. 15 But also recognizing you as the 16 president, Madam President -- duly understood 17 to be so -- we do ask, given that we do not 18 have any legislative activity today, we would 19 adjourn this special session sine die. 20 ACTING PRESIDENT STEWART-COUSINS: 21 On motion of Senator Smith, this extraordinary 22 session is adjourned sine die, and with good 23 wishes for a very happy birthday to Senator 24 Johnson.

Candyco Transcription Service, Inc.

(518) 371-8910 1 (Whereupon, at 3:07 p.m., the 2 Senate adjourned.) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Candyco Transcription Service, Inc.

(518) 371-8910