Tuesday, June 8, 2010

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 June 8, 2010 11 4:01 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 19 SENATOR CRAIG M. JOHNSON, Acting President 20 ANGELO J. APONTE, Secretary 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 ACTING PRESIDENT CRAIG JOHNSON: 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 CRAIG JOHNSON: 10 In the absence of clergy, may we all bow our 11 heads in a moment of silence. 12 (Whereupon, the assemblage 13 respected a moment of silence.) 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The reading of the Journal. 16 The Secretary will read. 17 THE SECRETARY: In Senate, 18 Monday, June 7, the Senate met pursuant to 19 adjournment. The Journal of Sunday, June 6, 20 was read and approved. On motion, Senate 21 adjourned. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Without objection, the Journal stands approved 24 as read. 25 Presentation of petitions.

Candyco Transcription Service, Inc. 1 Messages from the Assembly. 2 Messages from the Governor. 3 Reports of standing committees. 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, I 6 believe there's a report of the Judiciary 7 Committee at the desk. I ask that it be read 8 at this time. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 There is a report of the Judiciary Committee 11 at the desk. 12 The Secretary will read. 13 THE SECRETARY: Senator Sampson, 14 from the Committee on Judiciary, reports the 15 following nominations. 16 As a judge of the Court of Claims, 17 Honorable M. William Boller, of Elma. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Senator Klein. 20 SENATOR KLEIN: Mr. President, 21 please move the nomination. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Volker. 24 SENATOR VOLKER: Mr. President -- 25 thank you, Senator Klein -- M. William Boller,

Candyco Transcription Service, Inc. 1 otherwise known as Bill Boller, has been a 2 friend of mine as long as I can remember, and 3 his mother and father were very close to my 4 mother and father. 5 But more important than anything, 6 he has been an excellent justice of the 7 peace -- or, as we call them, village or town 8 justices now -- for many years, and then later 9 became a judge in the Court of Claims. He is 10 recognized I think by most of the legal people 11 in Erie County as one of the finest judges I 12 think ever to have served in the judiciary. 13 As I said, he came from a fine 14 family. He has a wife who has been extremely 15 helpful to him, and he has two children who 16 try to keep him in line. And what I would 17 like to say is that the Governor has done this 18 state an immense favor by reappointing Bill 19 Boller to the Court of Claims. 20 So congratulations and good luck in 21 the future. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Senator Maziarz. 24 SENATOR MAZIARZ: Thank you very 25 much, Mr. President.

Candyco Transcription Service, Inc. 1 I want to join my colleague Senator 2 Volker in seconding this excellent nomination 3 by Governor Paterson. Judge Boller has done 4 just a great job in the Court of Claims. He 5 was a great jurist back in local government 6 when he was a town justice. I've known him 7 for many years. 8 And I'm certain that he will 9 continue that level of excellence for another 10 term in the Court of Claims. 11 Thank you, Mr. President. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Thank you, Senator. 14 Senator Ranzenhofer. 15 SENATOR RANZENHOFER: Mr. 16 President, I'd like to join my colleagues in 17 talking about Judge Boller. I've known Judge 18 Boller for somewhere between 20 and 30 19 years -- it's been so long, I don't know. 20 But he is an excellent 21 representative from Western New York, has a 22 fine reputation as a judge on the bench for 23 being firm and fair, respecting everybody that 24 comes before him, has a great record of 25 service as a lawyer with Erie County and also

Candyco Transcription Service, Inc. 1 as a town judge and obviously with his 2 continuation as a judge in the Court of Claims 3 and also acting Supreme Court. 4 I'm very proud to move his 5 nomination forward and to vote for him today. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Are there any other Senators wishing to be 8 heard on the nomination? 9 Seeing none, the question is on the 10 motion to confirm the nomination of M. William 11 Boller, of Elma, as a judge of the New York 12 State Court of Claims. All those in favor 13 please signify by saying aye. 14 (Response of "Aye.") 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Opposed, nay. 17 (No response.) 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The motion carries. The nomination is 20 confirmed. 21 Judge Boller is joined in the 22 gallery today by his wife, Ann. 23 Congratulations. 24 (Applause.) 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The Secretary will continue to read. 2 THE SECRETARY: As a judge of the 3 Court of Claims, Honorable John J. Brunetti, 4 of Baldwinsville. 5 ACTING PRESIDENT SAVINO: Senator 6 Klein. 7 SENATOR KLEIN: Madam President, 8 please move the nomination. 9 ACTING PRESIDENT SAVINO: Senator 10 DeFrancisco on the nomination. 11 SENATOR DeFRANCISCO: Yes, I 12 would like to second the nomination of John J. 13 Brunetti for the Court of Claims. 14 I don't think there's been anyone 15 who's ever come before this body that's had 16 such a broad range of experience that has made 17 him the great judge that he is. 18 He started off early on in his 19 career while practicing law as a law clerk for 20 a Supreme Court judge. He was back in private 21 practice, then he was the first assistant 22 district attorney for Onondaga County. Then 23 he went to the U.S. Attorney's office, he did 24 some work here in the Senate as a Senate 25 counsel, and he's been on the bench for 15

Candyco Transcription Service, Inc. 1 years. It doesn't seem possible that it's 2 been 15 years, it just doesn't seem possible. 3 But from what everyone says in 4 Onondaga County, as acting Supreme Court judge 5 in the Criminal Part, he is an outstanding, 6 outstanding judge. Great judicial 7 temperament, gives each side a fair shake, and 8 there is nobody in the state that has a better 9 handle of the criminal law than John Brunetti 10 does. He's published a book, New York 11 Confessions, that's been published by Matthew 12 Bender, which is a definitive source on 13 confessions in New York State. 14 So from a professional standpoint, 15 there's no one who is more deserving than John 16 Brunetti to be reappointed as a Court of 17 Claims judge. 18 From a personal standpoint, I've 19 known John for very many years. We practiced 20 together for a while, we're good friends. And 21 there is nobody also who is of greater 22 integrity or intelligence and just a good, 23 good man than John Brunetti. 24 So I'm taking a lot of time today 25 and I didn't in the prior nomination processes

Candyco Transcription Service, Inc. 1 because I think this will be the last time 2 he's going to be nominated for this position 3 unless we change the age rules in the State of 4 New York. So I wanted to make sure the record 5 was clear on what a great choice the Governor 6 has made for a Court of Claims judge in John 7 J. Brunetti. 8 Thank you. 9 ACTING PRESIDENT SAVINO: Senator 10 Volker. 11 SENATOR VOLKER: Madam President, 12 I too want to praise the Governor for renaming 13 John Brunetti. Except for a short downfall 14 when he was counsel to Senator DeFrancisco -- 15 you know, I mean, we all have our little 16 problems -- he has been all the way through a 17 respected person, a person with brilliance and 18 integrity. 19 I dealt with him a great deal 20 because he dealt a lot in criminal justice. 21 And everybody I've talked to tells me that 22 he's probably one of the finest Court of 23 Claims judges on the bench. And I want to 24 congratulate him and congratulate the Governor 25 on his reappointment.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Are 2 there any other Senators wishing to be heard 3 on the nomination? 4 Seeing none, the question is on the 5 motion to confirm the nomination of John J. 6 Brunetti, of Baldwinsville, as a judge of the 7 Court of Claims. All those in favor please 8 signify by saying aye. 9 (Response of "Aye.") 10 ACTING PRESIDENT SAVINO: 11 Opposed, nay. 12 (No response.) 13 ACTING PRESIDENT SAVINO: The 14 motion carries. The nomination is confirmed. 15 Congratulations. 16 (Applause.) 17 ACTING PRESIDENT SAVINO: Senator 18 Klein. 19 SENATOR KLEIN: Madam President, 20 if I may just interrupt the nominations, I 21 believe there's a resolution by Senator 22 Flanagan. I know he has a special guest that 23 has to be on her way. I ask that the title of 24 the resolution be read and move for its 25 immediate adoption.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT SAVINO: Senator 2 Klein, has this resolution been deemed 3 privileged and submitted by the office of the 4 Temporary President? 5 SENATOR KLEIN: Yes, it has, 6 Madam President. 7 ACTING PRESIDENT SAVINO: The 8 Secretary will read. 9 THE SECRETARY: By Senator 10 Flanagan, legislative resolution 11 congratulating Elisabeth Zamarelli of Stony 12 Brook, New York, upon the occasion of being 13 named 2010 Ms. New York Senior America. 14 ACTING PRESIDENT SAVINO: Senator 15 Flanagan. 16 SENATOR FLANAGAN: Thank you, 17 Madam President. 18 Senator Klein, thank you for the 19 indulgence. I appreciate everyone allowing me 20 to introduce our guest. 21 We all have occasions where we have 22 people come up from our district, and today I 23 have a distinguished guest from Stony Brook, 24 out in Suffolk County on Long Island. And, 25 Doctor, if you would please stand, I want to

Candyco Transcription Service, Inc. 1 introduce to the body Ms. Senior New York 2 2010, Dr. Elisabeth Zamarelli, who has a very 3 impressive resume. 4 First of all -- and I'm going to 5 say this because she's Ms. Senior New York; I 6 think I can get away with it -- she is 69 7 years old and she's still working full time as 8 a teacher. She is a special ed teacher, has a 9 doctorate in special education, four children, 10 six grandchildren. She volunteers a lot 11 locally. She's an auxiliary police officer. 12 We've had an exciting day having her here. 13 Now, she won not only Ms. Senior 14 New York, but in that contest she was also 15 awarded Ms. Congeniality. And Lord knows we 16 could use some of that around here. 17 So to Dr. Zamarelli, I want to just 18 introduce you to the body, wish you well and 19 congratulate you. 20 She will be representing the State 21 of New York in the national competition in 22 Atlantic City. And welcome to the Senate. 23 DR. ZAMARELLI: And we're going 24 right to the top! 25 (Applause.)

Candyco Transcription Service, Inc. 1 DR. ZAMARELLI: I hope to 2 represent all of us in the most prestigious 3 manner that I can. And I can only speak so 4 highly of what I've seen here today, and that 5 I can bring back to my students, and hopefully 6 they can get the opportunity someday that I 7 have had to come here and share a few moments 8 of history with you. 9 Thank you so much. 10 (Applause.) 11 ACTING PRESIDENT SAVINO: Are 12 there any other Senators wishing to be heard 13 on the resolution? 14 Seeing none, the question is on the 15 resolution. All those in favor please signify 16 by saying aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT SAVINO: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT SAVINO: The 22 resolution is adopted. 23 Senator Flanagan has indicated that 24 he would like to open up the resolution to 25 cosponsorship by the entire house. Anyone not

Candyco Transcription Service, Inc. 1 wishing to be on the resolution please see the 2 desk. 3 Senator Klein. 4 SENATOR KLEIN: Madam President, 5 can we please return to the judicial 6 nominations. 7 ACTING PRESIDENT SAVINO: The 8 Secretary will read. 9 THE SECRETARY: As a judge of the 10 Court of Claims, Honorable William C. Donnino, 11 of Syosset. 12 ACTING PRESIDENT SAVINO: Senator 13 Klein. 14 SENATOR KLEIN: Madam President, 15 please move the nomination. 16 ACTING PRESIDENT SAVINO: Senator 17 C. Johnson. 18 SENATOR CRAIG JOHNSON: Thank you 19 very much, Madam President. I wish to rise to 20 second the nomination of Judge William C. 21 Donnino and welcome him to the Senate chamber. 22 My family and my wife's family, in 23 particular, has had the privilege of knowing 24 Bill Donnino for 30 years. He is an 25 outstanding jurist, like all the judges who

Candyco Transcription Service, Inc. 1 are here today getting renominated. We're 2 going to hear that quite a bit. 3 And like Senator Volker in 4 congratulating and thanking Governor Paterson, 5 I too want to thank the Governor for 6 renominating Bill Donnino. He serves really 7 as a mentor, not just to the new judges who 8 come to Nassau County but to the new lawyers. 9 He's extremely patient, extremely fair-minded 10 in his court, somebody who all lawyers and 11 practitioners of the bar can look up to. 12 I want to congratulate him. I also 13 want to take the opportunity quickly to 14 congratulate Judge Grella, Judge Mangano, and 15 Judge Zweibel. My father-in-law happens to 16 have known Judge Zweibel the longest, for over 17 40 years -- actually, almost 50 years, and 18 they go back to college. It's really a 19 privilege for me to have the opportunity to 20 vote on and confirm all these great jurists. 21 So I wish to congratulate all of 22 them, and I wish you the best of luck. 23 Thank you very much. 24 ACTING PRESIDENT SAVINO: Senator 25 Volker.

Candyco Transcription Service, Inc. 1 SENATOR VOLKER: I too would 2 liking to congratulate Bill Donnino and thank 3 the Governor. 4 I first met Bill Donnino, I know 5 how long ago it was because it was the first 6 year that I was here in Albany, and Bill 7 Donnino was then one of the top counsels to 8 Nelson Rockefeller. And he was the first of 9 Nelson's people to argue with me and the 10 Republican conference over the Rockefeller 11 Drug Laws. And needless to say, we were back 12 and forth on it quite a bit. He was much 13 better, of course, than I was because I was 14 very young and I really wasn't that good. 15 But Bill and I remained friends 16 over the years. I consulted him on a number 17 of occasions on various items relating to 18 statutes in Albany and in New York City. And 19 I just want to say that he didn't disappoint 20 anyone. 21 He was a fine -- he is a fine 22 jurist. And I have to say that the Court of 23 Claims probably in New York, as a group, is as 24 good a group of judges at that level as any in 25 the country.

Candyco Transcription Service, Inc. 1 And I congratulate you, Bill, and 2 good luck. 3 ACTING PRESIDENT SAVINO: Are 4 there any other Senators wishing to be heard 5 on the nomination? 6 Seeing none, the question is on the 7 motion to confirm the nomination of William C. 8 Donnino, of Syosset, as a judge of the 9 New York State Court of Claims. All those in 10 favor please signify by saying aye. 11 (Response of "Aye.") 12 ACTING PRESIDENT SAVINO: 13 Opposed, nay. 14 (No response.) 15 ACTING PRESIDENT SAVINO: The 16 motion carries. The nomination is confirmed. 17 Congratulations, Judge Donnino. 18 (Applause.) 19 ACTING PRESIDENT SAVINO: The 20 Secretary will continue to read. 21 THE SECRETARY: As a judge of the 22 Court of Claims, Honorable Philip M. Grella, 23 of Medicare. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Senator Klein.

Candyco Transcription Service, Inc. 1 SENATOR KLEIN: Mr. President, 2 please move the nomination. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Fuschillo. 5 SENATOR FUSCHILLO: Thank you, 6 Mr. President. Just quickly, I just want to 7 rise and second the nomination of Judge 8 Grella. 9 He has certainly distinguished 10 himself as an outstanding jurist in the last 11 number of years while serving on the Court of 12 Claims and other parts as well. Prior to 13 that, for many years, over 25 years, Judge 14 Grella has distinguished himself as a tough, 15 hardline prosecutor from the Nassau County 16 District Attorney's office. 17 But equally as important, he's a 18 man that loves and respects his community and 19 loves his family as well. And it's an honor 20 for me to rise and second his nomination. 21 Thank you, Mr. President. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Thank you, Senator Fuschillo. 24 Any other Senators wishing to be 25 heard on the nomination?

Candyco Transcription Service, Inc. 1 Seeing none, the question is on the 2 motion to confirm the nomination of Philip M. 3 Grella, of Merrick, as a judge of the New York 4 State Court of Claims. All those in favor 5 please signify by saying aye. 6 (Response of "Aye.") 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Opposed, nay. 9 (No response.) 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The motion carries. The nomination is 12 confirmed. 13 Congratulations, Judge Grella. 14 (Applause.) 15 ACTING PRESIDENT CRAIG JOHNSON: 16 The Secretary will continue to read. 17 THE SECRETARY: As a judge of the 18 Court of Claims, Honorable Robert K. Holdman, 19 of Bronxville. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, 23 please move the nomination. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Are there any Senators wishing to be heard?

Candyco Transcription Service, Inc. 1 Senator Lanza on the nomination. 2 SENATOR LANZA: Thank you, 3 Mr. President. Thank you, Senator Klein. I 4 proudly rise to second the nomination and 5 support the reappointment of the Honorable 6 Robert Holdman. 7 I've known Judge Holdman for most 8 of my adult life. We attended Monsignor 9 Farrell High School together. And even back 10 then, he stood out from the crowd as a person 11 of honor and integrity, someone who always 12 stands by what is right. The kind of person 13 you'd always want on your side. 14 And since then, he's certainly 15 distinguished himself in his professional 16 career. As a Bronx Assistant District 17 Attorney, he rose to national distinction as a 18 prosecutor in the Child Abuse and Sex Crimes 19 Bureau. 20 Let me just say this about my good 21 friend Judge Holdman. As I've said before 22 here in this chamber, when it comes to the 23 work we do as Senators, I don't think it's 24 more important or perhaps there is no more 25 important time for us to get it right than

Candyco Transcription Service, Inc. 1 when it comes to the confirmation of judges. 2 And I want you all to know and assure you that 3 in voting to support this confirmation of 4 Judge Holdman, you can't ever get it more 5 right. This is precisely the kind of person 6 we want serving as judge in this state. 7 And I'll pay him the compliment I 8 paid him during committee, which is to say 9 this. In his courtroom, nothing less than 10 justice will ever occur. 11 It is my proud honor to once again 12 vote in favor of this confirmation and to 13 congratulate my good friend Judge Holdman, his 14 wife and his family. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Thank you, Senator Lanza. 17 Are there any other Senators 18 wishing to be heard on the nomination? 19 Seeing none, the question is on the 20 motion to confirm the nomination of Robert K. 21 Holdman, of Bronxville, as a judge of the New 22 York State Court of Claims. 23 All those in favor please signify 24 by saying aye. 25 (Response of "Aye.")

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Opposed, nay. 3 (No response.) 4 ACTING PRESIDENT CRAIG JOHNSON: 5 The motion carries. The nomination is 6 confirmed. 7 Judge Holdman is joined in the 8 gallery today by his wife, Catherine. 9 Congratulations, Judge Holdman. 10 (Applause.) 11 ACTING PRESIDENT CRAIG JOHNSON: 12 The Secretary will continue to read. 13 THE SECRETARY: As a judge of the 14 Court of Claims, Honorable Guy J. Mangano, 15 Jr., of Atlantic Beach. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Senator Klein. 18 SENATOR KLEIN: Mr. President, 19 please move the nomination. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Are there any Senators wishing to be heard on 22 the nomination? 23 The question is on the motion to 24 confirm the nomination of Guy J. Mangano, Jr., 25 of Atlantic Beach, as a judge of the New York

Candyco Transcription Service, Inc. 1 State Court of Claims. All those in favor 2 please signify by saying aye. 3 (Response of "Aye.") 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Opposed, nay. 6 (No response.) 7 ACTING PRESIDENT CRAIG JOHNSON: 8 The motion carries. The nomination is 9 confirmed. 10 Judge Mangano is joined in the 11 gallery today by his wife, Maria Fasulo; 12 father, Honorable Guy Mangano, Sr.; and friend 13 Pat Pope. 14 Congratulations. 15 (Applause.) 16 ACTING PRESIDENT CRAIG JOHNSON: 17 The Secretary will continue to read. 18 THE SECRETARY: As a judge of the 19 Court of Claims, Honorable Nicholas V. Midey, 20 Jr., of Manlius. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Klein. 23 SENATOR KLEIN: Mr. President, 24 please move the nomination. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Are there any other Senators wishing to be 2 heard? 3 Senator Nozzolio, on the 4 nomination. 5 SENATOR NOZZOLIO: Thank you, 6 Mr. President. I'm proud to rise on behalf of 7 this nomination. 8 Mr. President and my colleagues, 9 that it has been a wonderful day when we have 10 so many preeminent jurists from across the 11 state. The nominee before us today is among 12 that list, but one that from a very personal 13 standpoint I am extremely proud to endorse his 14 nomination. 15 Nick Midey comes from the same town 16 that I grew up in, and we grew up together, a 17 year apart in school, and played lacrosse and 18 basketball together. 19 But far beyond that, he has 20 brought, during his illustrious tenure on the 21 bench, small-town values -- the values of 22 small-businessmen, small farmers, those who 23 make the economy grow each and every day. And 24 that as former practitioner on Main Street -- 25 we call it Fall Street in Seneca Falls -- Nick

Candyco Transcription Service, Inc. 1 practiced law with his father, in partnership, 2 and did wonderful service for the greater 3 Seneca Falls community through the years. 4 That Nick comes with a variety of 5 experiences, whether it had been his tenure as 6 public defender, his involvement as a 7 counselor to municipalities, his involvement 8 as a small-town practitioner with those 9 businesses and individuals and enterprises 10 that require good legal guidance, Nick was 11 always there. 12 He's had a very good career as a 13 judge on the Court of Appeals -- excuse me, 14 the Court of Claims; I tried to promote him -- 15 the Court of Claims, and that he is one that I 16 know will continue in great stead as a public 17 servant and a great judge of the Court of 18 Claims. 19 Mr. President, I move the 20 nomination with great support and wonderful 21 appreciation for the job Nick Midey has done 22 as a member of the Court of Claims. 23 Thank you, Mr. President. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Thank you, Senator Nozzolio.

Candyco Transcription Service, Inc. 1 Senator DeFrancisco on the 2 nomination. 3 SENATOR DeFRANCISCO: Yes, I 4 would also like to rise to second the 5 nomination of Judge Midey. I don't know where 6 he is. Where are you? Oh, there he is. 7 I didn't know Judge Midey before he 8 went on the bench. I met him when he was 9 first confirmed 15 years ago, I think. And 10 since that time I got to know him. For a 11 while his court was in the same building as my 12 Senate district office in Syracuse. And we 13 got to talk from time to time about various 14 issues -- not relating to any cases that he 15 had, but I got to know him extremely well. 16 And what Senator Nozzolio said 17 really needs to be emphasized. There was a 18 time when the people that got appointed to 19 judgeships were people from large law firms 20 and with many, many accolades from those who 21 were the power players in a community. It's 22 so great to see a man like Nick Midey, from a 23 small law firm that he practiced with his 24 father, who he loved dearly, and who has the 25 family values of people in upstate New York

Candyco Transcription Service, Inc. 1 that you just can't describe unless you talk 2 to him -- it's just heartwarming to know that 3 he was given this opportunity. And not only 4 given the opportunity, but has run with it and 5 become an outstanding, outstanding judge. 6 So it's with great pleasure that I 7 second the nomination of Nick Midey, and I 8 wish him the best until his term is up and 9 beyond. 10 Thank you. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Are there any other Senators wishing to be 13 heard on the nomination? 14 The question is on the motion to 15 confirm the nomination of Nicholas V. Midey, 16 Jr., of Manlius as a judge of the New York 17 State Court of Claims. All those in favor 18 please signify by saying aye. 19 (Response of "Aye.") 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Opposed, nay. 22 (No response.) 23 ACTING PRESIDENT CRAIG JOHNSON: 24 The motion carries. Congratulations. 25 (Applause.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The Secretary will continue to read. 3 THE SECRETARY: As a judge of the 4 Court of Claims, Honorable Norman I. Siegel, 5 of New Hartford. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, 9 can you please move the nomination. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Senator Griffo, on the nomination. 12 SENATOR GRIFFO: Thank you, 13 Mr. President. 14 It's with great pleasure that I 15 rise also to second the nomination of Judge 16 Siegel. This is truly a remarkable individual 17 who has enjoyed a distinguished career in both 18 public and private practice and enjoyed great 19 success throughout that career. 20 The judge also has been a truly 21 active and engaged individual throughout all 22 segments in our community. And I think that 23 also is something of great note, because we 24 need people of his reputation, which is one of 25 great respect and integrity, to show that they

Candyco Transcription Service, Inc. 1 care. And Judge Siegel has always rolled up 2 his sleeves and been involved with a number of 3 organizations and a number of efforts to 4 better our community. 5 But beyond that, he has done an 6 extraordinary job in his court. He is an 7 individual that I have come to know who 8 possesses great intellect but also has a quick 9 wit and has sage counsel. And I've enjoyed 10 the opportunity to interact with the judge. 11 And things that I have heard from 12 those who have appeared before him in his 13 court I think are a great testament to his 14 ability in the ten years that he has served. 15 They've talked about the balance and the 16 fairness that they receive in his court, and 17 also the opportunity to be heard, that he 18 actually would listen and, even though he may 19 not be of the same mindset, gives you that 20 opportunity to truly be heard and to determine 21 and evaluate accordingly. 22 So today I am proud to stand here 23 to talk to an individual who I know has got 24 great respect and admiration throughout our 25 community. And I am proud to second his

Candyco Transcription Service, Inc. 1 nomination. 2 He's the father of three children, 3 six grandchildren, and he's here with his 4 wife, Ann, today. So I want to thank the 5 judge for his service, and I proudly second 6 his nomination. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Thank you, Senator Griffo. 9 Are there any other Senators 10 wishing to be heard on the nomination? 11 Seeing none, the question is on the 12 motion to confirm the nomination of Norman I. 13 Siegel, of New Hartford, as a judge of the 14 New York State Court of Claims. All those in 15 favor of the motion please signify by saying 16 aye. 17 (Response of "Aye.") 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Opposed, nay. 20 (No response.) 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The motion carries. 23 Judge Siegel is joined today in the 24 gallery by his wife, Ann. Congratulations. 25 (Applause.)

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The Secretary will continue to read. 3 THE SECRETARY: As a judge of the 4 Court of Claims, Honorable Ronald Zweibel, of 5 New York City. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 Senator Klein. 8 SENATOR KLEIN: Mr. President, 9 can you please move the nomination. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 Are there any Senators wishing to be heard on 12 the nomination? 13 Seeing none, the question is on the 14 motion to confirm the nomination of Ronald 15 Zweibel, of New York City, as a judge of the 16 New York State Court of Claims. All those in 17 favor please signify by saying aye. 18 (Response of "Aye.") 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Opposed, nay. 21 (No response.) 22 ACTING PRESIDENT CRAIG JOHNSON: 23 The motion carries. The nominee is confirmed. 24 Judge Zweibel is joined today in 25 the gallery today by his wife, Eleanor, and

Candyco Transcription Service, Inc. 1 his son, Robert. Congratulations. 2 (Applause.) 3 ACTING PRESIDENT CRAIG JOHNSON: 4 Senator Klein. 5 SENATOR KLEIN: Mr. President, 6 can we go back to motions and resolutions. I 7 have several amendments. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Returning to the order of motions and 10 resolutions. 11 Senator Klein. 12 SENATOR KLEIN: First, 13 Mr. President, on behalf of Senator Addabbo on 14 page 22 I offer the following amendments to 15 Calendar Number 417, Senate Print Number 4755, 16 and ask that said bill retain its place on 17 Third Reading Calendar. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 So ordered. 20 SENATOR KLEIN: Mr. President, on 21 behalf of Senator C. Johnson, I wish to call 22 up his bill, Print Number 7369, recalled from 23 the Assembly, which is now at the desk. 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The Secretary will read the title.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Calendar Number 2 413, by Senator C. Johnson, Senate Print 7369, 3 an act to amend the Executive Law. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Klein. 6 SENATOR KLEIN: Mr. President, I 7 now move to reconsider the vote by which this 8 bill was passed. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 The Secretary will call the roll on 11 reconsideration. 12 (The Secretary called the roll.) 13 THE SECRETARY: Ayes, 59. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, I 17 now offer the following amendments. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 Amendments received. 20 SENATOR KLEIN: Mr. President, on 21 behalf of Senator Schneiderman, on page number 22 29 I offer the following amendments to 23 Calendar Number 576, Senate Print Number 7806, 24 and ask that said bill retain its place on 25 Third Reading Calendar.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 So ordered. 3 Senator Klein. 4 SENATOR KLEIN: Mr. President, on 5 behalf of Senator C. Kruger, on page 16 I 6 offer the following amendments to Calendar 7 Number 284, Senate Print Number 5956A, and ask 8 that said bill retain its place on Third 9 Reading Calendar. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 So ordered. 12 Senator Klein. 13 SENATOR KLEIN: Mr. President, 14 can you recognize Senator Libous for a floor 15 motion. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Senator -- Libous. 18 (Laughter.) 19 SENATOR LIBOUS: Mr. President, I 20 have a floor motion. Not a privileged 21 resolution. 22 ACTING PRESIDENT CRAIG JOHNSON: 23 Making sure. 24 Senator Libous. 25 SENATOR LIBOUS: Thank you,

Candyco Transcription Service, Inc. 1 Mr. President. 2 On behalf of Senator Maziarz, I 3 move the following bill be discharged from its 4 respective committee and be recommitted with 5 instructions to strike the enacting clause: 6 5871, please. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 So ordered. 9 SENATOR LIBOUS: Thank you, 10 Mr. President. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Thank you, Senator Libous. 13 Senator Klein. 14 SENATOR KLEIN: Mr. President, I 15 believe there's a report of the Finance 16 Committee at the desk. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 There is a report of the Finance Committee at 19 the desk. 20 The Secretary will read. 21 THE SECRETARY: Senator C. 22 Kruger, from the Committee on Finance, reports 23 the following nominations. 24 As a member of the Continuing Care 25 Retirement Community Council, Robert M. Chur,

Candyco Transcription Service, Inc. 1 of Clarence. 2 For promotion to Major General, 3 New York Air National Guard, James W. 4 Kwiatkowski, of Clarence Center. 5 As a member of the Board of 6 Visitors for the New York State Home for 7 Veterans and Their Dependents at Batavia, 8 Richard G. Oleksyn, of Rochester. 9 And as members of the Board of 10 Visitors for the New York State Home for 11 Veterans and Their Dependents at Oxford, 12 Louise Mary Platt, of Westford, and William E. 13 Randall, II, of Marathon. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Senator Kruger. 16 SENATOR CARL KRUGER: Thank you, 17 Mr. President. Can we please move the 18 nominations. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Are there any other Senators wishing to be 21 heard on this motion to confirm the 22 nominations? 23 Seeing none, the question is on the 24 motion to confirm the nominations. All those 25 in favor please signify by saying aye.

Candyco Transcription Service, Inc. 1 (Response of "Aye.") 2 ACTING PRESIDENT CRAIG JOHNSON: 3 Opposed, nay. 4 (No response.) 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The motion carries. The nominations are 7 confirmed. 8 Returning to the order of business, 9 reports of select committees. 10 Communications and reports from 11 state officers. 12 Motions and resolutions. 13 Senator Klein. 14 SENATOR KLEIN: Mr. President, I 15 believe there are substitutions at the desk. 16 I ask that we make the substitutions at this 17 time. 18 ACTING PRESIDENT CRAIG JOHNSON: 19 The Secretary will read. 20 THE SECRETARY: On page 14, 21 Senator Addabbo moves to discharge, from the 22 Committee on Elections, Assembly Bill Number 23 5707A and substitute it for the identical 24 Senate Bill Number 5029A, Third Reading 25 Calendar 211.

Candyco Transcription Service, Inc. 1 On page 19, Senator Montgomery 2 moves to discharge, from the Committee on 3 Finance, Assembly Bill Number 2563A and 4 substitute it for the identical Senate Bill 5 Number 6177A, Third Reading Calendar 358. 6 On page 34, Senator Oppenheimer 7 moves to discharge, from the Committee on 8 Education, Assembly Bill Number 10507A and 9 substitute it for the identical Senate Bill 10 Number 7584, Third Reading Calendar 644. 11 On page 37, Senator Little moves to 12 discharge, from the Committee on Health, 13 Assembly Bill Number 9829 and substitute it 14 for the identical Senate Bill Number 6762, 15 Third Reading Calendar 698. 16 On page 38, Senator Oppenheimer 17 moves to discharge, from the Committee on 18 Education, Assembly Bill Number 11064 and 19 substitute it for the identical Senate Bill 20 Number 7816A, Third Reading Calendar 702. 21 On page 38, Senator Oppenheimer 22 moves to discharge, from the Committee on 23 Education, Assembly Bill Number 11067 and 24 substitute it for the identical Senate Bill 25 Number 7819A, Third Reading Calendar 704.

Candyco Transcription Service, Inc. 1 On page 39, Senator Montgomery 2 moves to discharge, from the Committee on 3 Children and Families, Assembly Bill Number 4 8504 and substitute it for the identical 5 Senate Bill Number 4388, Third Reading 6 Calendar 710. 7 On page 39, Senator Sampson moves 8 to discharge, from the Committee on Codes, 9 Assembly Bill Number 6922 and substitute it 10 for the identical Senate Bill Number 4536, 11 Third Reading Calendar 712. 12 On page 39, Senator Parker moves to 13 discharge, from the Committee on Codes, 14 Assembly Bill Number 529 and substitute it for 15 the identical Senate Bill Number 5923, Third 16 Reading Calendar 713. 17 On page 39, Senator Schneiderman 18 moves to discharge, from the Committee on 19 Codes, Assembly Bill Number 7961 and 20 substitute it for the identical Senate Bill 21 Number 5963, Third Reading Calendar 714. 22 On page 39, Senator Peralta moves 23 to discharge, from the Committee on Consumer 24 Protection, Assembly Bill Number 2642C and 25 substitute it for the identical Senate Bill

Candyco Transcription Service, Inc. 1 Number 7319A, Third Reading Calendar 718. 2 On page 40, Senator Squadron moves 3 to discharge, from the Committee on Finance, 4 Assembly Bill Number 10689A and substitute it 5 for the identical Senate Bill Number 7613A, 6 Third Reading Calendar 725. 7 And on page 41, Senator Dilan moves 8 to discharge, from the Committee on Housing, 9 Construction and Community Development, 10 Assembly Bill Number 5667C and substitute it 11 for the identical Senate Bill Number 7178A, 12 Third Reading Calendar 758. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Substitutions ordered. 15 Senator Klein. 16 SENATOR KLEIN: Mr. President, I 17 believe there's a resolution at the desk by 18 Senator Oppenheimer. I ask that the title of 19 the resolution be read and move for its 20 immediate adoption. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Klein, has this resolution been deemed 23 privileged and submitted by the office of the 24 Temporary President? 25 SENATOR KLEIN: Yes, it has,

Candyco Transcription Service, Inc. 1 Mr. President. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The Secretary will read. 4 THE SECRETARY: By Senator 5 Oppenheimer, legislative resolution commending 6 Linda and Jeff Solomon upon the occasion of 7 their designation for special recognition by 8 the UJA-Federation of New York and 9 Westchester's Larchmont-Mamaroneck Campaign's 10 Community Celebration in their honor on 11 June 8, 2010. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The question is on the resolution. All those 14 in favor please signify by saying aye. 15 (Response of "Aye.") 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Opposed, nay. 18 (No response.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The resolution is adopted. 21 Senator Klein. 22 SENATOR KLEIN: Mr. President, 23 there will be an immediate meeting of the 24 Rules Committee in the Majority Conference 25 Room.

Candyco Transcription Service, Inc. 1 Pending the return of the Rules 2 Committee, may we please stand at ease. 3 And I ask my colleagues right after 4 Rules to come right back in the chamber so we 5 can take up the active list. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 There will be an immediate meeting of the 8 Rules Committee in Room 332. 9 Pending the return of the Rules 10 Committee, the Senate will stand at ease. 11 But again, I reiterate Senator 12 Klein's request that all members return to the 13 chamber right after the Rules Committee 14 meeting. Thank you. 15 (Whereupon, the Senate stood at 16 ease at 4:35 p.m.) 17 (Whereupon, the Senate reconvened 18 at 5:44 p.m.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Senator Klein. 21 SENATOR KLEIN: Mr. President, I 22 believe there's a report of the Rules 23 Committee at the desk. I move we accept the 24 report at this time. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 There is a report of the Rules Committee at 2 the desk. 3 The Secretary will read. 4 THE SECRETARY: Senator Smith, 5 from the Committee on Rules, reports the 6 following bills: 7 Senate Print 2933, by Senator 8 Duane, an act to amend the Transportation Law 9 and the Public Authorities Law; 10 6819, by Senator Foley, an act to 11 amend the Executive Law; 12 And Senate Print 7000B, by Senator 13 Breslin, an act to amend the Insurance Law and 14 the Public Health Law. 15 All bills ordered direct to third 16 reading. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 All those in favor of adopting the Rules 19 Committee report please signify by saying aye. 20 (Response of "Aye.") 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Opposed, nay. 23 (No response.) 24 ACTING PRESIDENT CRAIG JOHNSON: 25 The Rules Committee report is adopted.

Candyco Transcription Service, Inc. 1 Senator Klein. 2 SENATOR KLEIN: Mr. President, at 3 this time can we please go to a reading of the 4 calendar. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 The Secretary will read the noncontroversial 7 calendar. 8 THE SECRETARY: Calendar Number 9 351, by Senator Sampson, Senate Print 87A, an 10 act to amend the Tax Law and the State Finance 11 Law. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 Read the last section. 14 THE SECRETARY: Section 3. This 15 act shall take effect immediately. 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Call the roll. 18 (The Secretary called the roll.) 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Announce the results. 21 THE SECRETARY: Those recorded in 22 the negative on Calendar Number 351 are 23 Senators Flanagan, Marcellino, Nozzolio and 24 Young. 25 Ayes, 56. Nays, 4.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 The bill is passed. 3 The Secretary will continue to 4 read. 5 THE SECRETARY: Calendar Number 6 463, by Member of the Assembly Kavanagh, 7 Assembly Print Number 6812, an act to amend 8 the Social Services Law. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Read the last section. 11 THE SECRETARY: Section 2. This 12 act shall take effect on the 180th day. 13 ACTING PRESIDENT CRAIG JOHNSON: 14 Call the roll. 15 (The Secretary called the roll.) 16 ACTING PRESIDENT CRAIG JOHNSON: 17 Announce the results. 18 THE SECRETARY: Those recorded in 19 the negative on Calendar Number 463 are 20 Senators DeFrancisco, Farley, Golden, Hannon, 21 Larkin, LaValle, Leibell, Libous, Marcellino, 22 Nozzolio, Ranzenhofer, Seward, Skelos, Winner 23 and Young. Also Senator Bonacic. Also 24 Senator Flanagan. Also Senator Little. Also 25 Senator Fuschillo. Also Senator Saland. Also

Candyco Transcription Service, Inc. 1 Senator Griffo. Also Senator McDonald. 2 Ayes, 38. Nays, 22. 3 ACTING PRESIDENT CRAIG JOHNSON: 4 The bill is passed. 5 THE SECRETARY: Calendar Number 6 482, by Member of the Assembly Jacobs, 7 Assembly Print Number 10219A, an act to amend 8 the Insurance Law. 9 ACTING PRESIDENT CRAIG JOHNSON: 10 Read the last section. 11 THE SECRETARY: Section 5. This 12 act shall take effect on the first of January 13 next succeeding. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Seward, to explain his vote. 19 SENATOR SEWARD: Yes, thank you, 20 Mr. President. 21 This bill before us is an important 22 piece of legislation that updates the standard 23 reference compendia that is used to determine 24 which cancer treatment drugs are reimbursable 25 under insurance plans. And I did support the

Candyco Transcription Service, Inc. 1 legislation in the committee. 2 However, once the bill was reported 3 from committee, it was amended and language 4 was added, this language was added to the 5 bill. In addition to the list of the 6 compendia that is used, it now includes these 7 words: "Or recommended by review article or 8 editorial comment in a major peer-reviewed 9 professional journal." 10 And I consider this language to be 11 overly broad. And the inclusion of this 12 language is contrary to the federal-level 13 requirements, which call for a very 14 comprehensive public review process that is 15 required to be included in compendia that meet 16 very specific, transparent regulations and 17 rules. 18 You know, just because a drug has 19 been recommended in an article or in, let's 20 say, the New England Medical Journal does not 21 make it appropriate or safe. And I have 22 concerns that this overly broad language could 23 result in experimental cancer treatments being 24 utilized that have not been fully researched 25 and have not been shown to be scientifically

Candyco Transcription Service, Inc. 1 proven. 2 So on that basis, Mr. President, I 3 vote in the negative. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Senator Seward to be recorded in the negative. 6 Are there any other Senators 7 wishing to explain their votes? 8 Senator Breslin. 9 SENATOR BRESLIN: Yes, just 10 briefly, Mr. President, I'd like to explain my 11 vote. 12 Back in 1990, there was legislation 13 that developed a compendia of resource 14 documents so that if you wanted to use a 15 particular cancer drug in an off-label way -- 16 that is, for another form of cancer, not the 17 primary one that it's generally used for -- 18 you would refer to this compendia. 19 This legislation updates that 20 compendium. And it does outline that if there 21 are respected, recognized journals like the 22 New England Journal of Medicine, that you can 23 use that as a reference source as well, 24 because the compendias are not dissimilar. 25 It has to be remembered that any of

Candyco Transcription Service, Inc. 1 these drugs being used have to be approved by 2 the United States government beforehand. 3 Accordingly, I'll be voting in the 4 affirmative. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Breslin to be recorded in the 7 affirmative. 8 The Secretary will announce the 9 results. 10 THE SECRETARY: Ayes, 59. Nays, 11 1. Senator Seward recorded in the negative. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is passed. 14 Secretary will continue to read. 15 THE SECRETARY: Calendar Number 16 485, by Senator Addabbo, Senate Print 5028B, 17 Concurrent Resolution of the Senate and 18 Assembly proposing an amendment to Section 2 19 of Article 2 of the Constitution. 20 ACTING PRESIDENT CRAIG JOHNSON: 21 Call the roll. 22 (The Secretary called the roll.) 23 ACTING PRESIDENT CRAIG JOHNSON: 24 Announce the results. 25 THE SECRETARY: Those recorded in

Candyco Transcription Service, Inc. 1 the negative on Calendar Number 485 are 2 Senators Alesi, Bonacic, DeFrancisco, Farley, 3 Flanagan, Fuschillo, Golden, Griffo, Hannon, 4 Lanza, Larkin, LaValle, Leibell, Libous, 5 Little, Marcellino, Maziarz, McDonald, 6 Nozzolio, Padavan, Ranzenhofer, Robach, 7 Saland, Seward, Skelos, Volker, Winner and 8 Young. 9 Ayes, 32. Nays, 28. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 The bill is passed. 12 THE SECRETARY: Calendar Number 13 544, by Senator Parker, Senate Print 6916A, an 14 act to amend the Public Housing Law. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 Call the roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes, 59. Nays, 23 1. Senator DeFrancisco recorded in the 24 negative. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 The bill is passed. 2 THE SECRETARY: Calendar Number 3 620, by Senator Aubertine -- 4 SENATOR KLEIN: Lay the bill 5 aside for the day, please. 6 ACTING PRESIDENT CRAIG JOHNSON: 7 The bill is laid aside for the day. 8 THE SECRETARY: Calendar Number 9 637, by Senator Stavisky, Senate Print -- 10 SENATOR KLEIN: Lay the bill 11 aside for the day, please. 12 ACTING PRESIDENT CRAIG JOHNSON: 13 The bill is laid aside for the day. 14 THE SECRETARY: Calendar Number 15 642, by Senator Klein, Senate Print 5725, an 16 act to amend the General Business Law. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Read the last section. 19 THE SECRETARY: Section 4. This 20 act shall take effect immediately. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Call the roll. 23 (The Secretary called the roll.) 24 ACTING PRESIDENT CRAIG JOHNSON: 25 Announce the results.

Candyco Transcription Service, Inc. 1 THE SECRETARY: Ayes, 60. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 The bill is passed. 4 THE SECRETARY: Calendar Number 5 652, by Senator Dilan, Senate Print 7617, an 6 act to amend the Public Authorities Law. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Read the last section. 9 THE SECRETARY: Section 2. This 10 act shall take effect immediately. 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Call the roll. 13 (The Secretary called the roll.) 14 SENATOR MAZIARZ: Mr. President. 15 ACTING PRESIDENT CRAIG JOHNSON: 16 Senator Maziarz, to explain his vote. 17 SENATOR MAZIARZ: To explain my 18 vote. 19 I think this is a very good bill. 20 You know, the canal runs all through my 21 district. And, you know, the people work very 22 hard on the canal. And I want to be 23 congratulate Senator Dilan on bringing this 24 bill forward. 25 Thank you, Mr. President.

Candyco Transcription Service, Inc. 1 ACTING PRESIDENT CRAIG JOHNSON: 2 Senator Maziarz to be recorded in the 3 affirmative. 4 Announce the results. 5 THE SECRETARY: Ayes, 58. Nays, 6 2. Senators Duane and Griffo recorded in the 7 negative. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 The bill is passed. 10 The Secretary will continue to 11 read. 12 THE SECRETARY: Calendar Number 13 758, substituted earlier today by Member of 14 the Assembly V. Lopez, Assembly Print Number 15 5667C, an act to amend the Multiple Dwelling 16 Law. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Read the last section. 19 SENATOR LIBOUS: Lay the bill 20 aside. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The bill is laid aside. 23 The Secretary will continue to 24 read. 25 THE SECRETARY: Calendar Number

Candyco Transcription Service, Inc. 1 759, by Senator C. Kruger, Senate Print 8080, 2 an act to amend the Executive Law, the Real 3 Property Tax Law, and the Tax Law. 4 ACTING PRESIDENT CRAIG JOHNSON: 5 Read the last section. 6 THE SECRETARY: Section 26. This 7 act shall take effect immediately. 8 ACTING PRESIDENT CRAIG JOHNSON: 9 Call the roll. 10 (The Secretary called the roll.) 11 ACTING PRESIDENT CRAIG JOHNSON: 12 Announce the results. 13 THE SECRETARY: Ayes, 60. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 The bill is passed. 16 Senator Klein, that completes the 17 reading of the noncontroversial calendar. 18 SENATOR KLEIN: Mr. President, at 19 this time can we please go to a reading of the 20 controversial calendar. 21 ACTING PRESIDENT CRAIG JOHNSON: 22 The Secretary will ring the bell. 23 Members are all asked to come to 24 the chamber for a reading of the controversial 25 calendar.

Candyco Transcription Service, Inc. 1 The Secretary will read. 2 THE SECRETARY: Calendar Number 3 758, substituted earlier today by Member of 4 the Assembly V. Lopez, Assembly Print Number 5 5667C, an act to amend the Multiple Dwelling 6 Law. 7 ACTING PRESIDENT CRAIG JOHNSON: 8 Senator Padavan, on the bill. 9 SENATOR PADAVAN: Thank you, 10 Mr. President. 11 Much of what I'm about to say I've 12 already discussed with the sponsor, Senator 13 Dilan. But I think we have a very, very 14 serious problem with regard to this 15 legislation. 16 Let me preface my remarks by saying 17 that I have, since its very inception, been a 18 supporter of the Loft Law, as it's known, a 19 bill, a statute that came into being to 20 accommodate, in certain parts of the city, 21 individuals that were residing in usually the 22 second story of a taxpayer-type building zoned 23 commercial or industrial. And those occupants 24 in the main were artists, craftsmen, 25 sculptors, and it was a place where they could

Candyco Transcription Service, Inc. 1 work and live. 2 And so the Loft Law was generated 3 to accommodate them, since many landlords, 4 having found difficulty to rent that space, 5 were happy to rent to these artists and 6 craftsmen. And then later on some of them had 7 a different point of view, as the value of 8 their property changed, but we had to protect 9 those residents. 10 Having said all of that, however, 11 the bill before us goes far afield of the 12 original goals set in the Loft Law. And I 13 have in front of me a two-page memo from the 14 City of New York which, in part, I would like 15 to read. 16 "The bill would extend coverage of 17 the Loft Law to buildings that were illegally 18 occupied for residential purposes during the 19 period January 1, 2008 to December 31, 2009. 20 The locations and numbers of these buildings 21 are not specified in the legislation or 22 supporting materials, and may be located 23 anywhere in the City of New York. As a 24 result, the bill would legalize presently 25 unlawful residential uses in industrial and

Candyco Transcription Service, Inc. 1 commercial areas in all five boroughs of the 2 city, from the Garment Center in Manhattan to 3 the Steinway area of Queens, regardless of 4 basic safety provisions of the building and 5 fire codes and regardless of the underlying 6 zoning." 7 So in effect, very directly, we 8 have these dwellings that do not conform to 9 local zones, meaning they are commercial or 10 industrial and not residential. And as such, 11 they do not meet all of the safety 12 requirements that the building code requires 13 for residential property, and those are 14 usually fire code requirements. We've had a 15 lot of tragedies in the City of New York with 16 people occupying buildings contrary to the C 17 of O, dying in the fires as a result. 18 "In sum, the bill would reward 19 illegal conversions to the detriment of the 20 safety and the quality of life of the 21 residents of these buildings and would 22 negatively affect the city's industrial 23 employment and tax base. 24 "Unknown numbers of the buildings 25 would be covered, regardless of the

Candyco Transcription Service, Inc. 1 appropriateness of the residential uses in the 2 neighborhood, the appropriateness of the 3 illegal units in the building or their 4 proximity to other manufacturing uses, or the 5 underlying safety of the units, fire or for 6 residential use." 7 These are very, very compelling 8 statements. They come from the City of 9 New York. And obviously the Building 10 Department and other agencies within the City 11 of New York had an input into it. 12 Now, Senator Dilan has indicated to 13 me that as a result of these concerns, chapter 14 amendments are being prepared. I've not seen 15 them, and so obviously I don't know their 16 complete content. But if they address these 17 concerns in some meaningful way, then 18 obviously we should consider them. 19 But I suggest to the sponsor that 20 in view of this statement, these facts that 21 have been presented to us by the City, that it 22 would be appropriate to put those chapter 23 amendments together and bring this bill back 24 with the chapter amendments and we'll consider 25 it in the light of those changes or proposals.

Candyco Transcription Service, Inc. 1 To me, that makes a great deal of sense. 2 But I think to move forward on this 3 bill today with this memo in front of us is a 4 big mistake, and so I will be voting no. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Are there any other Senators who wish to be 7 heard on the bill? 8 Seeing none, debate is closed. 9 The Secretary will please ring the 10 bells. 11 Read the last section. 12 THE SECRETARY: Section 2. This 13 act shall take effect immediately. 14 ACTING PRESIDENT CRAIG JOHNSON: 15 Call the roll. 16 (The Secretary called the roll.) 17 ACTING PRESIDENT CRAIG JOHNSON: 18 Senator Dilan, to explain his vote. 19 SENATOR DILAN: Yes, thank you 20 very much, Mr. President. 21 I just want to indicate that this 22 bill makes four important changes to the Loft 23 Law of multiple dwellings. 24 First, it makes the law permanent, 25 and it also brings lofts and commercial

Candyco Transcription Service, Inc. 1 buildings that have been converted to 2 residential use without proper certificates of 3 occupancy under the Loft Law. 4 Also, it provides owners of newly 5 covered buildings with two years to bring 6 their buildings into compliance and allows 7 them to legally collect rent during that 8 period. 9 And lastly, it provides protections 10 to tenants in newly covered buildings and 11 allows them to have input into the 12 legalization process necessary to bring these 13 buildings to code. 14 Also, I just want to indicate that 15 the memorandum that was issued by the City of 16 New York is -- it was like a five-page memo 17 and addresses issues that are not necessarily 18 true. I don't know who put the memo together. 19 But in essence, to respond to 20 Senator Padavan, the expected number of 21 buildings that will be affected by the passage 22 of this bill is about 300 buildings and will 23 affect 3,036 units, mostly in Lower Manhattan 24 and Brooklyn. 25 And safety is the major concern.

Candyco Transcription Service, Inc. 1 By doing this bill within two years, you will 2 ensure that there will be fire safety within 3 these buildings. And I urge my colleagues to 4 vote for it. Thank you. 5 ACTING PRESIDENT CRAIG JOHNSON: 6 Senator Dilan to be recorded in the 7 affirmative. 8 Announce the results. 9 THE SECRETARY: Those recorded in 10 the negative on Calendar Number 758 are 11 Senators Alesi, Bonacic, DeFrancisco, Farley, 12 Flanagan, Fuschillo, Golden, Griffo, Hannon, 13 Lanza, Larkin, LaValle, Leibell, Libous, 14 Little, Marcellino, Maziarz, McDonald, 15 Nozzolio, Padavan, Ranzenhofer, Robach, 16 Saland, Seward, Skelos, Volker, Winner and 17 Young. 18 Ayes, 32. Nays, 28. 19 ACTING PRESIDENT CRAIG JOHNSON: 20 The bill is passed. 21 Senator Klein, that completes the 22 reading of the controversial calendar. 23 SENATOR KLEIN: Mr. President, I 24 have two motions. 25 ACTING PRESIDENT CRAIG JOHNSON:

Candyco Transcription Service, Inc. 1 Returning to the order of motions and 2 resolutions. 3 Senator Klein. 4 SENATOR KLEIN: On behalf of 5 Senator Serrano, on page 23 I offer the 6 following amendments to Calendar Number 448, 7 Senate Print Number 7128, and ask that said 8 bill retain its place on Third Reading 9 Calendar. 10 ACTING PRESIDENT CRAIG JOHNSON: 11 So ordered. 12 SENATOR KLEIN: On behalf of 13 Senator L. Krueger, on page 29 I offer to 14 Calendar Number 581, Senate Print Number 4784, 15 and ask that said bill retain its place on 16 Third Reading Calendar. 17 ACTING PRESIDENT CRAIG JOHNSON: 18 So ordered. 19 SENATOR KLEIN: Mr. President, is 20 there any further business at the desk? 21 ACTING PRESIDENT CRAIG JOHNSON: 22 Senator Klein, the desk is clear. 23 SENATOR KLEIN: There being no 24 further business, Mr. President, I move that 25 we adjourn until Wednesday, June 9th, at

Candyco Transcription Service, Inc. 1 3:00 p.m. 2 ACTING PRESIDENT CRAIG JOHNSON: 3 There being no further business to come before 4 the Senate, on motion, the Senate stands 5 adjourned until Wednesday, June 9th, at 6 3:00 p.m. 7 (Whereupon, at 6:08 p.m., the 8 Senate adjourned.) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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