Tuesday, January 26, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 26, 2010 11 3:12 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 SENATOR NEIL D. BRESLIN, Acting President 19 ANGELO J. APONTE, Secretary 20 21 22 23 24

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT BRESLIN: The 3 Senate will please come to order. 4 I ask all to continue to stand as 5 we do the Pledge of Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 ACTING PRESIDENT BRESLIN: In the 9 absence of clergy, may we bow our heads for a 10 moment of silence. 11 (Whereupon, the assemblage 12 respected a moment of silence.) 13 ACTING PRESIDENT BRESLIN: The 14 reading of the Journal. 15 The Secretary will read. 16 THE SECRETARY: In Senate, 17 Monday, January 25, the Senate met pursuant to 18 adjournment. The Journal of Sunday, 19 January 24, was read and approved. On motion, 20 Senate adjourned. 21 ACTING PRESIDENT BRESLIN: 22 Without objection, the Journal stands approved 23 as read. 24 Presentation of petitions.

Candyco Transcription Service, Inc. 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, I 10 believe there's a resolution at the desk by 11 Senator Carl Kruger. I ask that the 12 resolution be read in its entirety and move 13 for its immediate adoption. 14 ACTING PRESIDENT BRESLIN: 15 Senator Klein, has this resolution been deemed 16 privileged and submitted to the office of the 17 Temporary President? 18 SENATOR KLEIN: Yes, it has, 19 Mr. President. 20 ACTING PRESIDENT BRESLIN: The 21 Secretary will read. 22 THE SECRETARY: By Senators 23 Kruger, Sampson and Smith, legislative 24 resolution welcoming the members of a

Candyco Transcription Service, Inc. 1 delegation representing the republic of 2 Tatarstan, Russian Federation, upon the 3 occasion of its visit to the New York State 4 Senate on January 26, 2010. 5 "WHEREAS, It is the sense of this 6 Legislative Body to recognize and commemorate 7 those historical events of distinction which 8 enrich the cultural experience and strengthen 9 the bonds of cooperation and understanding 10 among all peoples of our global community; and 11 "WHEREAS, There are individuals 12 within the international community of singular 13 purpose and great achievement who serve their 14 country and the brotherhood of nations with 15 uncommon vision, intellect and commitment, 16 commanding the greatest respect for their 17 integrity of purpose and strength of 18 accomplishment; and 19 "WHEREAS, This Legislative Body is 20 justly proud to welcome the members of a 21 delegation of government, business, research 22 and education officials representing the 23 Republic of Tatarstan, part of the Russian 24 Federation, upon the occasion of its visit to

Candyco Transcription Service, Inc. 1 the New York State Senate on Tuesday, 2 January 26, 2010. An invitation was extended 3 by the State University of New York Office of 4 International Programs/Center on U.S. and 5 Russia; and 6 "WHEREAS, The delegation is led by 7 Dr. Farid Khairullovich Mukhametshin, Chairman 8 of the State Council of the Republic of 9 Tatarstan, Russia, and also the Speaker of the 10 Republic's Parliament; and 11 "WHEREAS, Also visiting are Marat 12 Galeev, chairman of the Tatarstan State 13 Council Committee on Economy, Investment and 14 Business; Mikhail Stolyarov, First Deputy 15 Plenipotentiary Representative of the Republic 16 in the Russian Federation; Sergey Yushko, 17 Director-General of the Technopark; Ravil 18 Nigmedzyanov, Representative of the Republic 19 of Tatarstan in the U.S.; and Dr. Vladimir 20 Kholodnov, Department Chair of Kazan 21 University Academy of Social Education; and 22 "WHEREAS, The goal of the visit is 23 establish interparliamentary relationships 24 with the New York State Legislature, for the

Candyco Transcription Service, Inc. 1 purpose of exchange of ideas focusing on 2 topics of population diversity, economic 3 development, arts and culture, and education; 4 and 5 "WHEREAS, Even though Tatarstan is 6 an oil-rich Russian republic, it is looking to 7 improve its economy by getting involved in new 8 technologies, including nanotechnology and 9 smart investment of their funds; and 10 "WHEREAS, In addition to meeting 11 with the New York State Senate, the six-member 12 delegation's visit will include meeting with 13 Governor David A. Paterson, the New York State 14 Assembly, Nancy Zimpher, Chancellor of the 15 State University of New York, the center for 16 International Government, the Center for 17 Technology and Government, the University at 18 Albany College of Nanoscale Sciences and 19 Engineering, and the State Department of 20 Economic Development; and 21 "WHEREAS, It is the custom of this 22 Legislative Body to keep in mind the 23 improvement of international relations and the 24 underlying traditions of friendship based on

Candyco Transcription Service, Inc. 1 the commitment to common values, mutual 2 interests and principles of openness, trust, 3 transparency, and mutual respect, as well as 4 taking into account the rich historical 5 heritage and multicultural nature of the State 6 of New York and the Republic of Tatarstan; 7 now, therefore, be it 8 "RESOLVED, That this Legislative 9 Body pause in its deliberations to welcome the 10 members of a delegation representing the 11 Republic of Tatarstan, Russian Federation, 12 upon the occasion of its visit to the New York 13 State Senate on January 26, 2010, and be it 14 further 15 "RESOLVED, That copies of this 16 resolution, suitably engrossed, be transmitted 17 to the members of the delegation from the 18 Republic of Tatarstan." 19 ACTING PRESIDENT BRESLIN: 20 Senator Kruger. 21 SENATOR CARL KRUGER: Thank you, 22 Mr. President. 23 It is with honor that today I 24 welcome the delegation from Tatarstan to join

Candyco Transcription Service, Inc. 1 this esteemed body. As we say, thank you for 2 becoming part of our extended family. 3 I have the unique distinction of 4 representing the largest Russian constituency 5 outside of what was the former Soviet Union. 6 Through the years that we have developed a 7 common bond and a common interest, we've been 8 able to establish many of the goals and 9 achievements that we embody in today's 10 resolution. 11 In our communities we share both in 12 the economic aspects of our new Russian 13 heritage, we've developed professional ties, 14 we've developed ties within the industry, 15 within the healthcare community, but most 16 importantly in friendship. 17 And consequently, communities that 18 otherwise would have deteriorated got a new 19 birth of life and a new era of gentrification 20 because of the energy and effort that was put 21 in by the Russian community into the 22 neighborhoods of Brighton Beach, Sheepshead 23 Bay, Manhattan Beach, Coney Island, and 24 Bensonhurst.

Candyco Transcription Service, Inc. 1 Our community has the distinction 2 of electing to the New York State Assembly the 3 first Russian-American ever to hold public 4 office in this country. 5 We have developed ties that have 6 brought the world of the Russian communities 7 and the Russian countries after the breakup in 8 the 1990s to our own shores. 9 Whether it's the night life or 10 whether it's the good food that makes the 11 Russian community part of our lives, through 12 those processes, whether it's in the field of 13 education -- as this delegation is a 14 representative body of SUNY, the State 15 University of New York, and the collaborative 16 efforts that we hope to embody in future 17 years -- to the memorandum of understanding 18 that was signed today by our conference leader 19 and the speaker of the Tatarstan Parliament, 20 says clearly and distinctly we send a 21 compelling message that our home is your home 22 and we hope that your home is our home as we 23 continue to develop strong ties, economic 24 growth, mutual trust, transparency in

Candyco Transcription Service, Inc. 1 government, and the adoption that this 2 parliament, like your parliament, together -- 3 even though you have a unicameral system -- 4 the economic development that this country has 5 been able to achieve has great significance, 6 from being a world leader in the building of 7 helicopters and defense aircraft to its 8 petrochemicals and to its rich oil resources, 9 to the educational institutions that they have 10 built and the economic plateaus that they have 11 reached, if we in this state can even approach 12 the success of Tatarstan and the Tatarstan 13 people, then truly we will be able to prove 14 that not only do we know that this is the 15 Empire State, but that people working together 16 can truly make a difference. 17 Thank you, Mr. President. 18 ACTING PRESIDENT BRESLIN: Thank 19 you, Senator Kruger. 20 Senator Smith. 21 SENATOR SMITH: Thank you very 22 much, Mr. President. 23 To Dr. Mukhametshin, on behalf of 24 the State Senate, on behalf of our colleagues,

Candyco Transcription Service, Inc. 1 we welcome you and your delegation to one of 2 the premier chambers in this country. 3 We are honored that you have chosen 4 to visit New York State. Obviously Tatarstan 5 has an international ethnic background as well 6 as New York. That, in itself, brings us to a 7 common place and a common place for achieving 8 certain goals. 9 We also understand, through SUNY, 10 and we appreciate their international 11 government program, that you are here in 12 pursuit of a partnership, a partnership where 13 this house is more than encouraged, is more 14 than willing to do so. In particular, your 15 interest in nanotechnology, where we are what 16 we consider to be a premier location in this 17 country and perhaps throughout the world. 18 What we witnessed today, 19 colleagues, was a memorandum of understanding 20 that was signed by Dr. Mukhametshin, Senator 21 Sampson, witnessed by Senator Carl Kruger, 22 Senator Jeff Klein, myself, and Senator 23 Espada. That particular memorandum of 24 understanding not only chose to partner in

Candyco Transcription Service, Inc. 1 economic development but also in education and 2 cultural exchange. 3 The generosity of Dr. Mukhametshin 4 in inviting us to Tatarstan is one that we 5 consider an honor and a privilege. We know 6 that many of our colleagues -- in particular 7 Senator Kruger, who represents one of the 8 largest Russian populations in this state -- 9 truly understand the importance of such a 10 partnership, and we are honored by the 11 invitation. 12 We are again honored that you are 13 here today, trust that the relationship that 14 we begin today is one that we expect to be 15 long-standing. Notwithstanding the intro from 16 SUNY, but we know that we will partner 17 together to do some great things for this 18 country and for Russia. 19 We also know that the world is very 20 small. It is no longer just one country 21 versus another, but we are all in this 22 together. And it is our firm belief that 23 through your leadership, through the 24 leadership of the State of New York, we will

Candyco Transcription Service, Inc. 1 do promising things for all of our residents 2 to improve their life and the quality of life 3 in Russia as well as in New York. 4 Thank you again on behalf of the 5 State Senate, and we look forward to our 6 future relationship. 7 ACTING PRESIDENT BRESLIN: Thank 8 you, Senator Smith. 9 Senator Farley. 10 SENATOR FARLEY: Thank you, 11 Mr. President. 12 Let me rise and, Senator Kruger, 13 thank you, for you bringing forth this 14 resolution and also in welcoming our 15 delegation from Tatarstan who have had a 16 relationship for many years. 17 As a law professor for over 18 30 years at SUNY, I applaud the international 19 program that has made you part of our state 20 and our Senate, and I applaud my colleagues 21 for welcoming you here. 22 We're delighted to have you. 23 Certainly as an oil-rich emerging nation, we 24 are very, very interested in making friends

Candyco Transcription Service, Inc. 1 with you. As everybody knows, we need oil. 2 And we need all of your cooperation. 3 And it is with pleasure that I 4 welcome you here. Enjoy your visit to one of 5 the most beautiful legislative chambers in the 6 world. 7 Thank you. 8 ACTING PRESIDENT BRESLIN: Thank 9 you, Senator Farley. 10 Senator Stachowski. 11 SENATOR STACHOWSKI: Yes, 12 Mr. President, I too would like to rise to 13 welcome the delegation. 14 I had the good fortune of being in 15 a meeting with them earlier today in 16 Assemblyman Farrell's office. And the 17 prospect of setting up relationships 18 economically and through the Nanotech Center 19 and hopefully through some of other university 20 sites that will work with their economic 21 people I think bodes very well for our future. 22 It's an exciting new partnership 23 and I think something to look forward to. And 24 it was my privilege to be at that meeting

Candyco Transcription Service, Inc. 1 earlier today and welcome them all to our 2 chamber. 3 Thank you, Mr. President. 4 ACTING PRESIDENT BRESLIN: Thank 5 you, Senator Stachowski. 6 Senator Stavisky. 7 SENATOR STAVISKY: Thank you, 8 Mr. President. 9 And I too want to welcome 10 Dr. Mukhametshin and his colleagues to the 11 United States, but especially to the Senate 12 chamber. 13 I met with the delegation also 14 earlier today, and I too am privileged to 15 represent many people from the former Soviet 16 Union. In Queens County we have a sizable 17 population, in Forest Hills, Rego Park, Fresh 18 Meadows and Kew Gardens Hills. 19 But the relationship between SUNY 20 is a broad, vast, international relationship 21 that I think emphasizes the international 22 nature of the State University of New York. 23 It's not just the 64 campuses in New York 24 State; they reach out to people all over the

Candyco Transcription Service, Inc. 1 world. Last year the minister of education in 2 the People's Republic of China came to Stony 3 Brook, and he is a graduate of the University 4 at Buffalo. 5 So the reputation of the State 6 University of New York, SUNY, extends 7 worldwide, including to the Russian institute 8 that they maintain. 9 And it's particularly fitting, I 10 think, that in times of economic difficulty 11 the field of higher education reaches out to 12 the business community, because this is indeed 13 a partnership. And I look forward to a long 14 partnership with the Republic of Tatarstan and 15 the State of New York. 16 Thank you, Mr. President. 17 ACTING PRESIDENT BRESLIN: Thank 18 you, Senator Stavisky. 19 Senator Perkins. 20 SENATOR PERKINS: Thank you, 21 Mr. President. 22 I want to first thank my colleague 23 Senator Kruger for this resolution and 24 bringing his guests to join us.

Candyco Transcription Service, Inc. 1 And I want to thank you for being 2 here and want you to know that the people in 3 my district, especially the Harlem part of my 4 district, want you to come and pay a visit to 5 our community. It's the most famous community 6 in the world. And it's a place that if you 7 visit this country, you haven't quite fully 8 visited the country until you set foot in the 9 mecca of the African diaspora. 10 Now, you might also know that 11 amongst us is one who the Russian community 12 has honored by the name of Paul Robeson who, 13 when he was not welcome in other places, he 14 was welcome -- and in fact I believe there's a 15 monument in his honor. 16 So again, in memory of him and on 17 behalf of the people that I represent from the 18 People's Republic of Harlem, I want to make 19 sure that we extend our love and look forward 20 to you coming to visit us. There's a soulful 21 dinner at a place called Sylvia's waiting for 22 you. 23 Thank you so much. 24 ACTING PRESIDENT BRESLIN: Thank

Candyco Transcription Service, Inc. 1 you, Senator Perkins. 2 Are there any other Senators 3 wishing to be heard on the resolution? 4 The question is then on the 5 resolution. All those in favor please signify 6 by saying aye. 7 (Response of "Aye.") 8 ACTING PRESIDENT BRESLIN: 9 Opposed, nay. 10 (No response.) 11 ACTING PRESIDENT BRESLIN: The 12 resolution is adopted. 13 Senator Kruger has indicated that 14 he would like this resolution to be opened to 15 all in the chamber. Anyone not wishing to be 16 on this resolution please notify the desk. 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, 19 there will be an immediate meeting of the 20 Finance Committee in the Majority Conference 21 Room, 332. 22 Pending return of the Finance 23 Committee, can we please stand at ease. 24 ACTING PRESIDENT BRESLIN: There

Candyco Transcription Service, Inc. 1 will be an immediate meeting of the Finance 2 Committee in Room 332. 3 The Senate will stand at ease until 4 their return. 5 (Whereupon, the Senate stood at 6 ease at 3:30 p.m.) 7 (Whereupon, the Senate reconvened 8 at 4:19 p.m.) 9 ACTING PRESIDENT BRESLIN: 10 Senator Klein. 11 SENATOR KLEIN: Mr. President, I 12 believe there's a report of the Finance 13 Committee at the desk. 14 ACTING PRESIDENT BRESLIN: 15 Returning to the order of reports of standing 16 committees, there is a report of the Finance 17 Committee at the desk. 18 The Secretary will read. 19 THE SECRETARY: Senator Kruger, 20 from the Committee on Finance, reports the 21 following nominations. 22 As a member of the State Board of 23 Parole, I. Jared Brown, of New York City. 24 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Senator Kruger. 2 SENATOR CARL KRUGER: Please move 3 the nomination. 4 ACTING PRESIDENT BRESLIN: The 5 question is on the motion to confirm the 6 nomination on of I. Jared Brown to the State 7 Board of Parole. All those in favor please 8 signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT BRESLIN: 11 Opposed, nay. 12 (Response of "Nay.") 13 ACTING PRESIDENT BRESLIN: The 14 motion carries. The nomination of I. Jared 15 Brown is hereby confirmed. Congratulations. 16 Senator Maziarz. 17 SENATOR MAZIARZ: I'll be voting 18 in the negative on that nomination, 19 Mr. President. Thank you. 20 ACTING PRESIDENT BRESLIN: The 21 record will indicate Senator Maziarz to be 22 recorded in the negative. 23 The Secretary will continue to 24 read.

Candyco Transcription Service, Inc. 1 THE SECRETARY: As a member of 2 the Crime Victims Board, Mary Haviland, of 3 Brooklyn. 4 ACTING PRESIDENT BRESLIN: 5 Senator Kruger. 6 SENATOR CARL KRUGER: Please move 7 the nomination. 8 ACTING PRESIDENT BRESLIN: Are 9 there any Senators wishing to be heard on the 10 nomination? 11 The question is on the motion to 12 confirm the nomination of Mary Haviland to the 13 Crime Victims Board. All those in favor 14 please signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT BRESLIN: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT BRESLIN: The 20 motion carries. The nomination of Mary 21 Haviland is hereby confirmed. 22 Ms. Haviland is joined by her 23 husband, Dr. Steven Markowitz, and her nephew, 24 Peter.

Candyco Transcription Service, Inc. 1 Congratulations. 2 (Applause.) 3 ACTING PRESIDENT BRESLIN: The 4 Secretary will continue to read. 5 THE SECRETARY: As a nonvoting 6 union member of the Capital District 7 Transportation Authority, Mark G. Gerling, of 8 Albany. 9 As a member of the Central New York 10 Regional Transportation Authority, Louella 11 Williams, of Syracuse. 12 As members of the State Banking 13 Board, Wesley Chen, of Briarcliff Manor; 14 Joseph M. Drayton, of New York City; and 15 George J. Vojta, of Bronxville. 16 As members of the Medical Advisory 17 Committee, Celia Alfalla, M.D., of East 18 Irvington; Ruben P. Cowart, DDS, of Syracuse; 19 Charles Gold, of New York City; and Anthony P. 20 Vavasis, M.D., of Brooklyn. 21 As a member of the State Hospital 22 Review and Planning Council, Felicia Dyer, of 23 Brooklyn. 24 As a member of the Council of Human

Candyco Transcription Service, Inc. 1 Blood and Transfusion Services, Rachel C. 2 Elder, of Canastota. 3 And as members of the Board of 4 Directors of the Roosevelt Island Operating 5 Corporation, Katherine Teets Grimm, M.D., of 6 New York City; Michael Shinozaki, of Roosevelt 7 Island; and Margaret Mary Elizabeth Smith, of 8 New York City. 9 ACTING PRESIDENT BRESLIN: 10 Senator Kruger. 11 SENATOR CARL KRUGER: Please move 12 the nominations. 13 ACTING PRESIDENT BRESLIN: 14 Senator DeFrancisco. 15 SENATOR DeFRANCISCO: Yes, I 16 support all of these nominations, especially 17 the two from Syracuse, Louella Williams and 18 Ruben Cowart. Not only are they eminently 19 qualified for these positions, but they are 20 outstanding Syracuse University fans who, to 21 the chagrin of one person at the desk -- with 22 a blue suit, a female person with glasses, 23 black hair -- beat the living daylights out of 24 Georgetown last night.

Candyco Transcription Service, Inc. 1 And all of us New Yorkers who truly 2 support our New York teams are in accord with 3 Louella Williams and Ruben Cowart, not only on 4 their qualifications but also on their 5 intelligence in supporting the correct team in 6 this very, very important basketball season. 7 Thank you, Mr. President. 8 ACTING PRESIDENT BRESLIN: Point 9 of information, Senator DeFrancisco. Is 10 Syracuse still playing Division I basketball? 11 (Laughter.) 12 SENATOR DeFRANCISCO: Well, I 13 think -- I'd be more than happy to answer 14 that. Not only are they playing Division I, 15 they are the number-one RPI-rated schedule 16 this year. They're now Number 4 in the 17 nation. They've won 20 games and January 18 isn't out yet, it's 20 and 1. And also their 19 records are a little bit better than Albany 20 and Siena. 21 ACTING PRESIDENT BRESLIN: Why 22 did I ask? 23 (Laughter.) 24 ACTING PRESIDENT BRESLIN: Are

Candyco Transcription Service, Inc. 1 there any other Senators wishing to be heard 2 on the nomination? 3 Senator Stavisky. 4 SENATOR STAVISKY: Yes, I rise to 5 agree with my colleague, the Senator from 6 Syracuse. As a graduate -- not a basketball 7 player, but a graduate -- I agree with 8 everything you have said. 9 ACTING PRESIDENT BRESLIN: The 10 question is on the motion to confirm the 11 nominations. All those in favor please 12 signify by saying aye. 13 (Response of "Aye.") 14 ACTING PRESIDENT BRESLIN: 15 Opposed, nay. 16 (No response.) 17 ACTING PRESIDENT BRESLIN: The 18 motion carries. The nominations are 19 confirmed. 20 Senator Hassell-Thompson. 21 SENATOR HASSELL-THOMPSON: Thank 22 you, Mr. President. 23 I rise to congratulate the Governor 24 on these appointments that he has brought

Candyco Transcription Service, Inc. 1 forth, and I would just like to take the 2 opportunity to speak on one of our nominees 3 today in the person of Judge Colleen Duffy. 4 Judge Duffy and I go back a long 5 ways. We served in local government 6 together -- is there a problem? 7 ACTING PRESIDENT BRESLIN: We 8 haven't raised the nomination yet, Senator. 9 SENATOR HASSELL-THOMPSON: We 10 haven't raised her yet? Oh, see, see, you 11 gave me misinformation. All right, then I'll 12 wait until you do. Thank you. 13 Thank you, Mr. President. 14 ACTING PRESIDENT BRESLIN: 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, I 17 believe there's a report of the Judiciary 18 Committee at the desk. Can we take it up at 19 this time. 20 ACTING PRESIDENT BRESLIN: There 21 is a report of the Judiciary Committee at the 22 desk. 23 The Secretary will read. 24 THE SECRETARY: Senator Sampson,

Candyco Transcription Service, Inc. 1 from the Committee on Judiciary, reports the 2 following nomination. 3 As a justice of the Supreme Court 4 of the Ninth Judicial District, Colleen D. 5 Duffy, of Mount Vernon. 6 ACTING PRESIDENT BRESLIN: 7 Senator Hassell-Thompson. 8 SENATOR HASSELL-THOMPSON: Thank 9 you, Mr. President. 10 If we will roll back the tape, I 11 rise to congratulate the Governor on his 12 nominees today. And I am very happy to speak 13 on behalf of Judge Colleen D. Duffy. 14 Judge Duffy and I served together 15 on the city council, in local government. And 16 I have to tell you that for those of you know 17 me, we did toe-to-toe on a lot of issues. But 18 I think that we represented very good 19 government together. And I know that on that 20 bench she's going to be extraordinary. 21 And I am very grateful to the 22 Governor on this particular choice. I was 23 sorry that I was not able to make the 24 committee this morning where I would have been

Candyco Transcription Service, Inc. 1 able to speak on her behalf, but I am very 2 appreciative that she has made it to this 3 stage of confirmation. 4 And I want to just congratulate her 5 children, who are with her, because I know how 6 much time mommy has to be away. But as a true 7 family mom, they are with her whenever she can 8 make time in her very busy schedule on the 9 bench. 10 But I think that she will 11 demonstrate on that bench in Supreme Court the 12 kind of justice that she represented for the 13 years that we served together in the city 14 council. 15 And thank you, Mr. President. 16 ACTING PRESIDENT BRESLIN: Thank 17 you, Senator Hassell-Thompson. 18 Senator Maziarz to second the 19 nomination of Judge Duffy. 20 SENATOR MAZIARZ: Thank you very 21 much, Mr. President. 22 As the ranking member of the 23 Judiciary Committee, we met today and our 24 Chairman Sampson gave us every courtesy, the

Candyco Transcription Service, Inc. 1 Republican members, to meet with this nominee. 2 And we found her qualifications for this 3 position of Supreme Court justice to be 4 extraordinary. 5 We certainly congratulate her and 6 support this nomination fully. She has a 7 great background in Family Court, which 8 everyone knows is not a very easy place to 9 serve in the judiciary. And she's going to 10 make a great Supreme Court judge. 11 And we certainly wish her and her 12 family well. 13 Congratulations, Judge. 14 ACTING PRESIDENT BRESLIN: Are 15 there any other Senators wishing to be heard? 16 Senator Oppenheimer. 17 SENATOR OPPENHEIMER: Yes, I'd 18 like to also second Colleen Duffy's 19 nomination. This is a really fine move by our 20 Governor, and we appreciate it. 21 Colleen has served for six years in 22 the Family Court, and as someone mentioned 23 earlier, that's not an easy place to serve. 24 And she has not only served with distinction,

Candyco Transcription Service, Inc. 1 but she has actually reached out to the 2 agencies that assist the litigants in her 3 court. 4 And of course serving as a City 5 Court judge prior to that, she had to deal 6 with hundreds of criminal and civil cases. 7 So she has a wonderful background. 8 She also has a wonderful educational 9 background, in that she went to the College of 10 New Rochelle, which is in my Senate district 11 and a really wonderful college, and kept up 12 her connection there, served as an adjunct 13 professor there. And she's had a very 14 distinguished career, and her education could 15 not have reached a higher level, being magna 16 cum laude almost everywhere she went. 17 But most importantly, she graduated 18 from NYU Law School and is a good friend of my 19 daughter's, who was in the same class. 20 So congratulations, Colleen. And 21 congratulations, you two wonderful -- three 22 wonderful -- two wonderful girls, one 23 wonderful boy. You were so patient, and we're 24 very proud of you. And we're very proud of

Candyco Transcription Service, Inc. 1 mom. 2 Thanks. 3 ACTING PRESIDENT BRESLIN: Thank 4 you, Senator Oppenheimer. 5 Senator Stewart-Cousins. 6 SENATOR STEWART-COUSINS: Yes, 7 thank you, Mr. President. I too wanted to 8 rise to second the nomination of the wonderful 9 Judge Colleen Duffy. 10 I saw her as she was getting ready 11 to go into the Judiciary Committee hearing, 12 and her children and her dad, I guess, were 13 keeping her calm. And then I saw her coming 14 out, and I said "Well, how was it?" And she 15 said: "It was fine." 16 And I just wanted you to know it 17 was fine because your reputation precedes you, 18 because people know when they have a quality 19 judge sitting in front of them. 20 And certainly, as you've heard most 21 of my colleagues talk about service on the 22 city council, the education that you have 23 achieved, we also want to recognize the 24 service that you give the pro bono work, the

Candyco Transcription Service, Inc. 1 volunteer work, the mentoring that you do, the 2 teaching. You are such a well-rounded person 3 that I know the Supreme Court will benefit 4 from you being there. 5 Congratulations. 6 ACTING PRESIDENT BRESLIN: Thank 7 you, Senator Stewart-Cousins. 8 Senator Leibell. 9 SENATOR LEIBELL: Thank you, 10 Mr. President. 11 Many of us have been commenting too 12 on how well-disciplined these youngsters have 13 been here waiting for us today. It's probably 14 a good example for all of us. 15 But I want to join with my 16 colleagues in seconding this nomination, 17 because this judge has brought to us a great 18 deal of experience, a very successful career 19 as an attorney and as a local official and 20 local judge in Family Court. 21 And we congratulate the Governor 22 and thank him for sending us this name. 23 ACTING PRESIDENT BRESLIN: Thank 24 you, Senator Leibell.

Candyco Transcription Service, Inc. 1 Senator Klein, to close. 2 SENATOR KLEIN: Thank you, 3 Mr. President. I too would like to rise on 4 behalf of Judge Colleen Duffy. 5 But I do want to recognize she has 6 some of her family here today: her father, 7 John Duffy; her daughter Kayley Lynch; son 8 Patrick Lynch, another daughter Shannon Lynch, 9 and of course her au pair, Letitia Rodriguez. 10 I want to welcome them all here today. 11 I had the privilege of campaigning 12 at the same time with Judge Duffy. She worked 13 very, very hard. But I was certainly amazed 14 at the time that she had such a connection 15 with the community. 16 Many who run for the judiciary 17 spend most of their time no big law firms and 18 really never have that direct connection with 19 the people that they're going to hear cases 20 from. So I was amazed at the work that she 21 did as a city council member in Mount Vernon, 22 active in a whole host of community 23 organizations. 24 Certainly when she was a Family

Candyco Transcription Service, Inc. 1 Court judge she served Westchester very, very 2 well. And certainly her elevation to the 3 Supreme Court, I believe certainly justice 4 will be done. 5 I move her nomination. 6 ACTING PRESIDENT BRESLIN: Thank 7 you, Senator Klein. 8 Are there any other Senators 9 wishing to be heard? 10 Hearing none, the question is on 11 the nomination of Colleen D. Duffy, of 12 Mount Vernon, as a justice of the Supreme 13 Court Ninth Judicial District. All in favor 14 please signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT BRESLIN: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT BRESLIN: The 20 motion carries. The nomination of Colleen D. 21 Duffy as a justice of the Ninth District is 22 hereby confirmed. 23 (Applause.) 24 ACTING PRESIDENT BRESLIN:

Candyco Transcription Service, Inc. 1 Congratulations, Judge Duffy and family. 2 Senator Klein. 3 SENATOR KLEIN: Mr. President, at 4 this time may we please move back to the order 5 of motions and resolutions. 6 I believe Senator Adams has a 7 privileged resolution. 8 ACTING PRESIDENT BRESLIN: 9 Senator Klein, has this resolution been deemed 10 privileged and submitted to the office of the 11 Temporary President? 12 SENATOR KLEIN: Yes, it has, 13 Mr. President. 14 ACTING PRESIDENT BRESLIN: The 15 Secretary will then read. 16 THE SECRETARY: By Senators Adams 17 and Leibell, legislative resolution paying 18 just tribute and remembering the 59 brave 19 members of the United States Armed Forces who 20 are from, have family ties to, or were 21 stationed in New York and who lost their lives 22 during 2009 while fighting on behalf of the 23 United States and the State of New York. 24 "WHEREAS, The courage and bravery

Candyco Transcription Service, Inc. 1 of our military personnel since the United 2 States Armed Forces commenced Operation 3 Enduring Freedom in Afghanistan in October of 4 2001, and Operation Iraqi Freedom in Iraq in 5 March of 2003, will ensure our continued 6 enjoyment of the freedoms we are blessed to 7 have as American citizens; and 8 "WHEREAS, It is with deep sorrow 9 and great remorse that this Legislative Body 10 inscribes upon its records this memoriam for 11 the many young men and women from New York 12 whose selfless service on behalf of American 13 values has led them to pay the ultimate 14 sacrifice defending the United States and the 15 values it is founded upon; and 16 "WHEREAS, On behalf of the people 17 of the State of New York the members of this 18 Legislative Body offer their most sincere 19 heartfelt condolences to the families and 20 friends of our fallen young men and women. 21 Our thoughts and prayers will continue to be 22 with each and every one of them; and 23 "WHEREAS, This Legislative Body is 24 moved with great respect and reverent esteem

Candyco Transcription Service, Inc. 1 to pay tribute to the heroic actions of each 2 and every one of the fallen, knowing that 3 their memory will forever remain with their 4 families; and 5 "WHEREAS, The banner of freedom 6 will always wave over our beloved New York and 7 all of America, the Land of the Free and the 8 Home of the Brave; and 9 "WHEREAS, Residents of this great 10 state must never forget the courage with which 11 these men and women served their country and 12 must recognize that no greater debt is owed 13 than that owed to those who gave their lives 14 to this beloved nation and to those who 15 continue to be missing in action; and 16 "WHEREAS, The freedoms and security 17 we cherish as Americans come at a very high 18 price for those serving in the military in 19 times of conflict. It is fitting and proper 20 that we who are the beneficiaries of their 21 heroic acts of patriotism express our 22 appreciation and eternal gratitude for their 23 sacrifices; now, therefore, be it 24 "RESOLVED, That this Legislative

Candyco Transcription Service, Inc. 1 Body pause in its deliberations to honor the 2 lives of the 389 brave soldiers, sailors, 3 airmen, airwomen, Marines and civilians of the 4 United States Armed Forces who have been 5 killed during their years of service in 6 Afghanistan and Iraq in support of the 7 freedoms of our country and the people of the 8 State of New York; and be it further 9 "RESOLVED, That this Legislative 10 Body extend its deepest sympathy to the 11 families of the 59 below-named service members 12 who made the ultimate sacrifice in 2009 to 13 help secure the freedom of the United States 14 of America. The people of the City of New 15 York owe a debt to these brave service members 16 and solemnly pledge that they shall never be 17 forgotten; and be it further 18 "RESOLVED, That this Legislative 19 Body wishes to express its profound thanks and 20 to honor the memory of the following soldiers, 21 sailors, airmen and airwomen, and Marines who 22 lost their lives during Operations Iraqi 23 Freedom and Enduring Freedom since January 1, 24 2009, and who are from New York, have family

Candyco Transcription Service, Inc. 1 ties to the state, or who were stationed in 2 New York; and be it further 3 "RESOLVED, The 59 brave members of 4 the United States Armed Forces who lost their 5 lives fighting for their country in Iraq and 6 Afghanistan include: 7 Jason M. Johnston, U.S. Army, 8 Albion, New York; 9 Dennis J. Hansen, U.S. Army, Panama 10 City, Florida; 11 Michael A. Rogers, U.S. Army, White 12 Sulphur Springs, Montana; 13 Amy C. Tirador, U.S. Army, Albany, 14 New York; 15 Robert K. Charlton, U.S. Army, 16 Malden, Missouri; 17 Luis M. Gonzalez, South Ozone Park, 18 U.S. Army; 19 Eric A. Jones, Westchester, 20 New York, U.S. Marine; 21 Keith R. Bishop, Medford, New York, 22 U.S. Army; 23 Daniel J. Rivera, Rochester, 24 New York, U.S. Army;

Candyco Transcription Service, Inc. 1 Kevin O. Hill, Brooklyn, New York, 2 U.S. Army; 3 Aaron M. Smith, Manhattan, Kansas, 4 U.S. Army; 5 John J. Malone, Yonkers, New York, 6 U.S. Marine; 7 Jeremiah J. Monroe, Niskayuna, 8 New York, U.S. Army; 9 Daniel L. Cox, Parsons, Kansas, 10 U.S. Army; 11 Nekl B. Allen, Rochester, New York, 12 U.S. Army; 13 Abraham S. Wheeler, III, Columbia, 14 South Carolina, U.S. Army; 15 Darby T. Morin, Victoria, Canada, 16 U.S. Army; 17 Justin R. Pellerin, Boscawen, 18 New Hampshire, U.S. Army; 19 Brian M. Wolverton, Oak Park, 20 California, U.S. Army; 21 Leopold F. Damas, Floral Park, 22 New York, U.S. Marine; 23 Matthew K.S. Swanson, Lake Forest, 24 California, U.S. Army;

Candyco Transcription Service, Inc. 1 Jerry R. Evans, Jr.; Eufaula, 2 Alabama, U.S. Army; 3 James D. Argentine, Farmingdale, 4 New York, U.S. Marine; 5 Alexander J. Miller, Clermont, 6 Florida, U.S. Army; 7 Justin D. Coleman, Spring Hill, 8 Florida, U.S. Army; 9 Jeremy S. Lasher, Oneida, New York, 10 U.S. Marine; 11 Gregory Owens, Jr., Garland, Texas, 12 U.S. Army; 13 Anthony M. Lightfoot, Riverdale, 14 Georgia, U.S. Army; 15 Andrew J. Roughton, Houston, Texas, 16 U.S. Army; 17 Dennis J. Pratt, Duncan, Oklahoma, 18 U.S. Army; 19 Eric J. Lindstrom, Flagstaff, 20 Arizona, U.S. Army; 21 Joshua R. Faris, LaGrange, Texas, 22 U.S. Army; 23 Terry J. Lynch, Shepherd, Montana, 24 U.S. Army;

Candyco Transcription Service, Inc. 1 Peter K. Cross, Haltorn City, 2 Texas, U.S. Army; 3 Rodrigo A. Munguia Rivas, 4 Germantown, Maryland, U.S. Army; 5 Roberto A. Hernandez, Far Rockaway 6 New York, U.S. Army; 7 Jasper K. Obakrairur, Hilo, Hawaii, 8 U.S. Army; 9 Jeffery A. Hall, Huntsville, 10 Alabama, U.S. Army; 11 Matthew W. Wilson, Miller, 12 Missouri, U.S. Army; 13 Matthew D. Ogden, Corpus Christi, 14 Texas, U.S. Army; 15 Marko M. Samson, Columbus, Ohio, 16 U.S. Army; 17 Esau I. De La Pena-Hernandez, 18 La Puente, California, U.S. Army; 19 Carlie M. Lee III, Birmingham, 20 Alabama, U.S. Army; 21 Justin P. Hartford, Elmira, 22 New York, U.S. Army; 23 Raul Moncada, Madera, California, 24 U.S. Army;

Candyco Transcription Service, Inc. 1 Blaise A. Oleski, Holland Patent, 2 New York, U.S. Marine; 3 Daniel J. Beard, Buffalo, New York, 4 U.S. Army; 5 Adam J. Hardt, Avondale, Arizona, 6 U.S. Army; 7 Daniel J. Geary, Rome, New York, 8 U.S. Marine; 9 Patrick A. Devoe, II, Auburn, 10 New York, U.S. Army; 11 Michael L. Mayne, Burlington Flats, 12 New York, U.S. Army; 13 Raymond J. Munden, Mesquite, Texas, 14 U.S. Army; 15 Albert R. Jex, Lockport, New York, 16 U.S. Army; 17 Matthew G. Kelley, Cameron, 18 Missouri, U.S. Army; 19 Joshua M. Tillery, Beaverton, 20 Oregon, U.S. Army; 21 Benjamin H. Todd, Colville, 22 Washington, U.S. Army; 23 Philip E. Windorski, Jr., Bovey, 24 Minnesota, U.S. Army;

Candyco Transcription Service, Inc. 1 Julian T. Brennan, Brooklyn, 2 New York, U.S. Marine; 3 And Alberto Francesconi, Bronx, 4 New York, U.S. Marine; and be it further 5 "RESOLVED, That copies of this 6 resolution, suitably engrossed, be transmitted 7 to the families of those brave young men and 8 women who died in the service of their 9 country." 10 ACTING PRESIDENT BRESLIN: 11 Senator Adams. 12 SENATOR ADAMS: Thank you, 13 Mr. President. 14 And I want to thank my friend 15 Senator Leibell for cosponsoring this 16 resolution with me. 17 It's hard to believe that, you 18 know, back when a student in the first grade 19 went through the school system and now, as he 20 gets ready to go to high school and leave the 21 eighth grade, all of his life and education 22 has been seen in a war. The war in Iraq has 23 been over six years; the war in Afghanistan 24 has been over eight years. And many of our

Candyco Transcription Service, Inc. 1 young men and women, over 4,000 young men and 2 women have died in Afghanistan and over 4,000 3 have died in Iraq. 4 Just as a Marine won't leave a 5 soldier on the field of battle, we would not 6 leave our men and women who come home on the 7 field of life without any services that they 8 need to make their way back into society. The 9 numbers are staggering. The numbers of death 10 are only increased by the numbers of men and 11 women who are injured, maimed, lost limbs, and 12 the difficulties of reinfusing into society. 13 And there are three areas I believe 14 we need to focus on, one being that they 15 receive the necessary emotional attention. 16 The war is challenging, it's difficult. As my 17 nephew returned home, he left as a child and 18 he came back with some of the scars of war. 19 We saw that in Vietnam during the 20 '60s. Many of our young men and women who 21 returned back to these shores returned without 22 proper care, they turned to drugs and alcohol, 23 and many of them were incarcerated. We can't 24 let that happen again.

Candyco Transcription Service, Inc. 1 We must open up our educational 2 system. SUNY and CUNY must be 3 veteran-friendly campuses where we can allow 4 young men and women to receive the necessary 5 education to permit them to be part of both 6 public and private services. 7 Lastly, we must ensure medical 8 care. There are many injuries that's 9 associated with this war that are different 10 from wars of previous years. So as a body we 11 must do all that we can to make sure that when 12 they walk through the doors of the hospital, 13 they're treated like the heroes that they are. 14 And I'm sure that Senator Leibell shares the 15 same passion and concern. 16 If our men and women can endure 17 green fatigues, then they too can wear blue 18 uniforms as a police or as a firefighter. 19 They too can be on construction sites. That 20 is what's great about this country: We treat 21 our heroes in the correct manner. And our 22 heroes are our men and women that made the 23 conscious decision to participate in the thing 24 that's called freedom, something that we hold

Candyco Transcription Service, Inc. 1 dear. 2 So I stand and rise in admiration 3 of the 59 men and women who are from New York 4 or affiliated with New York State and have 5 lost their lives in the last year and the 6 thousands that have lost their lives 7 throughout the duration of this war. And it 8 is all our hope and dream that they can 9 complete their task and return home to their 10 families so that their children won't start 11 school in the first grade to reach the eighth 12 grade and the war is still participated on. 13 I salute these men and women. 14 Thank you. 15 ACTING PRESIDENT BRESLIN: Thank 16 you, Senator Adams. 17 Senator Leibell. 18 SENATOR LEIBELL: Thank you, 19 Mr. President, and my colleague and friend 20 Senator Adams, for your sponsorship of this 21 resolution. 22 Hearing you today in this chamber 23 list these names -- almost all young people, 24 young people who have given up their lives,

Candyco Transcription Service, Inc. 1 have sacrificed almost everything they could 2 have for us. And the recognition that we have 3 now started another year where, already early 4 in the year, there are more and more 5 casualties. 6 It is humbling to think that all of 7 these young people who gave up so much, all of 8 their dreams, it is humbling to think that 9 they would do this to allow us as well as 10 peoples from faraway countries to live in 11 freedom or to attempt to live in freedom. 12 As Senator Adams noted, we owe them 13 so much, as well as those who come home and 14 who have served and have been injured, whether 15 physically or psychologically, from the scars 16 of war. 17 So as we today act on this 18 resolution from this Legislature, we all 19 extend our appreciation to those who made such 20 a sacrifice, to those who continue to 21 sacrifice far away from home, to their 22 families who have suffered so much, and pray 23 that we will all be worthy of what they have 24 given.

Candyco Transcription Service, Inc. 1 Thank you, Mr. President. 2 ACTING PRESIDENT BRESLIN: Thank 3 you, Senator Leibell. 4 Senator Aubertine. 5 SENATOR AUBERTINE: Thank you, 6 Mr. President. 7 I too want to thank Senator Adams 8 and Senator Leibell for bringing this 9 resolution forward and just say that it is 10 truly fitting that we do pause and recognize 11 those who have paid the ultimate sacrifice for 12 our freedoms. 13 And when someone loses their life, 14 they lose it one individual at a time and it 15 impacts one family at a time, one community at 16 a time, one state, one nation. But as the 17 roll was being read, I'm certain that it 18 wasn't lost on any of my colleagues that 37 of 19 the 59 individuals who lost their lives were 20 from Fort Drum. 21 Fort Drum happens to be in my 22 district. And I can assure you, I can assure 23 you all that the loss of the 59 is certainly 24 felt in Fort Drum and all across the state,

Candyco Transcription Service, Inc. 1 but the lost of those 37 from that one 2 community is certainly felt. 3 And again, I want to thank Senator 4 Adams and Senator Leibell for bringing this 5 forward. 6 Thank you, Mr. President. 7 ACTING PRESIDENT BRESLIN: Thank 8 you, Senator Aubertine. 9 Senator Stewart-Cousins. 10 SENATOR STEWART-COUSINS: Thank 11 you, Mr. President. 12 I rise too to thank Senator Adams 13 and Senator Leibell for doing this resolution. 14 It was heartbreaking, obviously, 15 hearing the names. One of those names was the 16 name of Lance Corporal John J. Malone, who was 17 24. And he was from the city of Yonkers. He 18 went to the local school, and people 19 remembered what a great friend he was and how 20 much he loved music and how much people saw 21 him as a role model. 22 But I also wanted to rise today 23 because, as the clear closed and the new year 24 began, there was another young man from

Candyco Transcription Service, Inc. 1 Yonkers who is not on the roll that you called 2 but as of January 23rd will qualify for the 3 2010 roll. And that is Private First Class 4 Gifford E. Hurt. He was 19, from Yonkers. He 5 died on January 20th in Iraq, supporting Iraqi 6 freedom. 7 So I know Senator Leibell was 8 saying that as a new year began there were new 9 names, untold names. But unfortunately, this 10 is a name I know. And I just wanted to send 11 my condolences to the family as we remember 12 our heroes. 13 ACTING PRESIDENT BRESLIN: Thank 14 you, Senator Stewart-Cousins. 15 Senator Larkin. 16 SENATOR LARKIN: Thank you, 17 Mr. President. 18 Senator Adams, Senator Leibell are 19 to be commended for putting this resolution 20 together. 21 You know, as the names were being 22 read, I thought of a time when my first 23 individual was killed in combat, August the 24 4th at 2:30 in Korea, 1950.

Candyco Transcription Service, Inc. 1 To say a name, where they came 2 from, where they were stationed, very 3 important. But it's also important that if we 4 know any of these individuals, that we 5 communicate with their families. 6 I went to the family of Bob Maples. 7 His mother and father, African-Americans, 8 taught in a segregated high school in 9 Savannah, Georgia. And they thought the world 10 of the military and what opportunities it gave 11 to their son. Their son was 19 years old. I 12 was 24. 13 When you start to think about those 14 that we lost here, these 59, just look. Some 15 of them could have gone on to be career 16 servicemen, could have come back and been 17 college professors, could have been Senator, 18 they could have been something else. 19 But this is the heart of America 20 we're talking about. Some of these men were 21 on their second and third tour when they were 22 killed. Their heart was America. Not just 23 because of what they did, but because of what 24 they believed in.

Candyco Transcription Service, Inc. 1 I think we should, before we close 2 this, we should all stand in a moment of 3 silence out of respect for those who gave 4 everything for us. 5 ACTING PRESIDENT BRESLIN: May we 6 all rise and have a moment of silence for the 7 deceased soldiers. 8 (Whereupon, the assemblage 9 respected a moment of silence.) 10 ACTING PRESIDENT BRESLIN: Are 11 there any other Senators that wish to be heard 12 on this resolution? 13 SENATOR LARKIN: Mr. President, 14 is it open for everybody? 15 ACTING PRESIDENT BRESLIN: 16 Certainly it is. It's open for everyone. 17 Are there any other Senators 18 wishing to be heard? 19 Then the question is now on the 20 resolution. All those in favor please signify 21 by saying aye. 22 (Response of "Aye.") 23 ACTING PRESIDENT BRESLIN: 24 Opposed, nay.

Candyco Transcription Service, Inc. 1 (No response.) 2 ACTING PRESIDENT BRESLIN: The 3 resolution is adopted. 4 Senators Adams and Leibell have 5 indicated that they would have the resolution 6 open. Anyone wishing not to be part of it 7 please notify the desk. 8 Senator Klein. 9 SENATOR KLEIN: Mr. President, at 10 this time can we adopt the Resolution Calendar 11 in its entirety. 12 ACTING PRESIDENT BRESLIN: All 13 those in favor of adopting the Resolution 14 Calendar in its entirety please signify by 15 saying aye. 16 (Response of "Aye.") 17 ACTING PRESIDENT BRESLIN: 18 Opposed, nay. 19 (No response.) 20 ACTING PRESIDENT BRESLIN: The 21 Resolution Calendar is adopted in its 22 entirety. 23 Senator Klein. 24 SENATOR KLEIN: Mr. President, at

Candyco Transcription Service, Inc. 1 this time I want to take up my own motion. I 2 move that the following bills be discharged 3 from their respective committees and be 4 recommitted with instructions to strike the 5 enacting clause: Senate Numbers 1877 and 6 1879. 7 ACTING PRESIDENT BRESLIN: So 8 ordered. 9 Senator Klein. 10 SENATOR KLEIN: Mr. President, at 11 this time can we please move to a reading of 12 the calendar. 13 ACTING PRESIDENT BRESLIN: The 14 Secretary will read. 15 THE SECRETARY: Calendar Number 16 16, by Senator Valesky, Senate Print 3602, an 17 act to amend the Alcoholic Beverage Control 18 Law, in relation to custom crush production of 19 wine. 20 ACTING PRESIDENT BRESLIN: Read 21 the last section. 22 THE SECRETARY: Section 2. This 23 act shall take effect immediately. 24 ACTING PRESIDENT BRESLIN: Call

Candyco Transcription Service, Inc. 1 the roll. 2 (The Secretary called the roll.) 3 ACTING PRESIDENT BRESLIN: 4 Announce the results. 5 THE SECRETARY: Ayes, 61. 6 ACTING PRESIDENT BRESLIN: The 7 bill is passed. 8 Senator Klein, that completes the 9 reading of the noncontroversial calendar. 10 SENATOR KLEIN: Mr. President, 11 there any further business at the desk? 12 SENATOR MAZIARZ: Mr. President. 13 ACTING PRESIDENT BRESLIN: 14 Senator Maziarz. 15 SENATOR MAZIARZ: Thank you, 16 Mr. President. 17 Senator Klein, I just thought of 18 something. We will not be gathering here 19 again until next Monday. And in between today 20 and next Monday, there's a very important 21 event, Senator Klein, with your indulgence. 22 Our resident military expert -- 23 Senator Padavan thinks that's him, but it's 24 not. We allow him to think that it's him.

Candyco Transcription Service, Inc. 1 (Laughter.) 2 SENATOR MAZIARZ: But our 3 resident military expert, Senator Bill Larkin, 4 is going to be celebrating on Friday a very 5 significant event, his birthday. 6 (Applause.) 7 ACTING PRESIDENT BRESLIN: Happy 8 birthday, Senator Larkin. 9 SENATOR MAZIARZ: Mr. President, 10 Senator Larkin asked me not to mention which 11 number of birthdays it is, but it is 12 significant, I can assure of you of that. 13 (Laughter.) 14 ACTING PRESIDENT BRESLIN: 15 Senator Klein. 16 SENATOR KLEIN: Thank you. Thank 17 you, Senator. And I know we all wish Senator 18 Larkin a very happy birthday. 19 Mr. President, is there any further 20 business at the desk? 21 ACTING PRESIDENT BRESLIN: There 22 is no further business at the desk. The desk 23 is clear. 24 SENATOR KLEIN: There being none,

Candyco Transcription Service, Inc. 1 Mr. President, I move that we adjourn until 2 Monday, February 1st, intervening days to be 3 legislative days. 4 ACTING PRESIDENT BRESLIN: There 5 being no further business to come before the 6 Senate, on motion, the Senate stands adjourned 7 until Monday, February 1st, at 3:00 p.m., 8 intervening days to be legislative days. 9 (Whereupon, at 4:57 p.m., the 10 Senate adjourned.) 11 12 13 14 15 16 17 18 19 20 21 22 23 24

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