Wednesday, July 8, 2009

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 July 8, 2009 11 3:05 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: Yes, good 18 afternoon, Madam President. I'd like to ask, 19 is there a proclamation by the Governor at the 20 desk? 21 ACTING PRESIDENT STEWART-COUSINS: 22 Yes, Senator Smith, there is a proclamation 23 here at the desk. 24 The Secretary will read.

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

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(518) 371-8910 1 SENATOR SKELOS: Senator 2 Stewart-Cousins. Do you know anything 3 about -- are you going to be Lieutenant 4 Governor later today, or -- 5 (Laughter.) 6 SENATOR SKELOS: -- is there 7 anything you'd like to mention to all your 8 colleagues here? 9 ACTING PRESIDENT STEWART-COUSINS: 10 Senator Skelos, this is different from the 11 exchanges we usually have. 12 (Laughter.) 13 SENATOR SKELOS: Unfortunately, I 14 just can't say ditto, but I have to read this 15 statement as I have in the past. 16 And, you know, we convened this 17 extraordinary session at the Governor's 18 request, and in keeping with the decision of 19 the court that we have to convene as a body. 20 The designation of a presiding officer should 21 be made by Senator Espada or myself, pursuant 22 to the vote which took place on June 8th. 23 Therefore, we do not recognize that you are 24 the appropriately designated presiding

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(518) 371-8910 1 officer. 2 Therefore, I ask that the agenda be 3 laid aside, and I move that the Senate adjourn 4 this special session sine die. 5 ACTING PRESIDENT STEWART-COUSINS: 6 Thank you, Senator. 7 Senator Smith. 8 SENATOR SMITH: Thank you very 9 much, Madam President. 10 Given that we are not going to be 11 taking up any legislative activity, I ask that 12 we will adjourn this 17th extraordinary 13 session sine die. 14 ACTING PRESIDENT STEWART-COUSINS: 15 Thank you, Senator Smith. 16 On motion of Senator Smith, the 17 17th extraordinary session is adjourned 18 sine die. 19 (Whereupon, at 3:09 p.m., the 20 Senate adjourned.) 21 22 23 24

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(518) 371-8910