Monday, January 24, 2011

1 NEW YORK STATE SENATE 2 3 4 THE STENOGRAPHIC RECORD 5 6 7 8 9 ALBANY, NEW YORK 10 January 24, 2011 11 3:07 p.m. 12 13 14 REGULAR SESSION 15 16 17 18 LIEUTENANT GOVERNOR ROBERT J. DUFFY, President 19 FRANCIS W. PATIENCE, Secretary 20 21 22 23 24 25

Candyco Transcription Service, Inc. 1 P R O C E E D I N G S 2 THE PRESIDENT: The Senate will 3 now come to order. 4 Please stand for the Pledge of 5 Allegiance. 6 (Whereupon, the assemblage recited 7 the Pledge of Allegiance to the Flag.) 8 THE PRESIDENT: We are joined now 9 by Father Peter G. Young, from Mother Teresa 10 Community in Albany. 11 Father. 12 REVEREND YOUNG: Let us pray. 13 Let us remember all of our Senators 14 so that they will guide our government as we 15 consider the confirmation of our judicial and 16 health membership here today, in confirmation 17 of their important duties and 18 responsibilities. 19 May they have the wisdom and 20 understanding as they work for the good and 21 for the good of all of our New York State 22 citizens. We bless them and ask them to 23 commit themselves to the dedication of our 24 citizens of this great state. 25 Amen.

Candyco Transcription Service, Inc. 1 THE PRESIDENT: Next we'll have 2 the reading of the Journal. 3 THE SECRETARY: In Senate, 4 Sunday, January 23, the Senate met pursuant to 5 adjournment. The Journal of Saturday, 6 January 22, was read and approved. On motion, 7 Senate adjourned. 8 THE PRESIDENT: Without 9 objection, the Journal stands approved as 10 read. 11 Presentation of petitions. 12 Messages from the Assembly. 13 Messages from the Governor. 14 Reports of standing committees. 15 The Secretary will read. 16 THE SECRETARY: Senator Bonacic, 17 from the Committee on Judiciary, reports the 18 following nomination. 19 As a judge of the Court of Claims, 20 David A. Weinstein, of Glenmont. 21 THE PRESIDENT: Senator Bonacic. 22 SENATOR BONACIC: Thank you, 23 Mr. President. I don't know if this mike is 24 working, but I don't think I need it. 25 This afternoon our Judiciary

Candyco Transcription Service, Inc. 1 Committee met and we considered the nomination 2 of David Weinstein as a judge of the Court of 3 Claims for a term commencing April 1, 2011, 4 and expiring 10 years thereafter. 5 Mr. Weinstein is up today here, and 6 he's in the gallery. He has served as the 7 first assistant counsel to the Governor, he 8 has served in the Attorney General's office, 9 and he has served as a law clerk in the United 10 States Court of Appeals and the Federal 11 District Court in the Southern District of 12 New York. 13 Judge Weinstein has worked in the 14 private sector and has had several 15 publications in various law journals. He is a 16 resident of Glenmont, and he's in Senator 17 Breslin's district. 18 We met with him, the Judiciary 19 Committee, and we report favorably on his 20 nomination. And I move that nomination to the 21 floor. 22 THE PRESIDENT: Senator Breslin. 23 SENATOR BRESLIN: Thank you, 24 Mr. President. I just rise to second the 25 nomination.

Candyco Transcription Service, Inc. 1 David is a resident of my district, 2 and as Senator Bonacic pointed out, he has an 3 exemplary background, one in private practice, 4 one as a law clerk, one working in the 5 Attorney General's office, and most recently 6 in the Executive Chamber, where he worked on a 7 bipartisan basis to do much to enhance the 8 flow of legislation between the Legislature 9 and the Governor. 10 And I highly applaud the Governor's 11 recommendation to sit Judge Weinstein, and I 12 applaud the move. 13 Thank you, Mr. President. 14 THE PRESIDENT: Thank you, 15 Senator Breslin. 16 Any questions on the nomination? 17 Senator Savino. 18 SENATOR SAVINO: Thank you, 19 Mr. President. 20 I am happy to stand here today and 21 second the nomination and congratulate this 22 Governor for the nomination of David A. 23 Weinstein. It was one of the final acts -- 24 well, we thought we had actually accomplished 25 it -- in December of 2010, where we thought we

Candyco Transcription Service, Inc. 1 had actually nominated and appointed David 2 Weinstein. But time and tide sometimes get in 3 the way in real life. 4 I just want to say that not only 5 has David Weinstein accomplished what was 6 already described by Senator Bonacic and 7 Senator Breslin, but I want to thank him 8 personally for the work that he did during the 9 Paterson administration, working with me and 10 several others on incredibly important pieces 11 of legislation -- the Domestic Workers Bill of 12 Rights and the Wage Theft Prevention Act -- as 13 well as other issues affecting government and 14 labor. 15 So I want to say congratulations 16 again to David Weinstein. And I know you're 17 going to make a fine jurist, and we are very 18 proud of you. 19 Thank you. 20 THE PRESIDENT: Thank you, 21 Senator. 22 Any other Senators wishing to 23 speak? 24 The question is on the nomination 25 of David A. Weinstein as judge of the Court of

Candyco Transcription Service, Inc. 1 Claims. All in favor signify by saying aye. 2 (Response of "Aye.") 3 THE PRESIDENT: Opposed, nay. 4 (No response.) 5 THE PRESIDENT: David Weinstein 6 is hereby confirmed as a judge of the Court of 7 Claims. 8 Congratulations, Your Honor. 9 (Applause.) 10 THE PRESIDENT: Reports of select 11 committees. 12 Communications and reports from 13 state officers. 14 Motions and resolutions. 15 Senator Libous. 16 SENATOR LIBOUS: Mr. President, 17 we'll come back to Finance, because I believe 18 we have another nominee to do. 19 But in the meantime, could we 20 please do -- Senator Espaillat has a 21 resolution at the desk, Number 272. He would 22 like it read in its entirety and move for its 23 immediate adoption. 24 And then, after that, if we could 25 come back to the Finance Committee.

Candyco Transcription Service, Inc. 1 THE PRESIDENT: Yes, Senator. 2 The Secretary will read the 3 resolution in its entirety. 4 THE SECRETARY: By Senator 5 Espaillat, Legislative Resolution Number 272, 6 memorializing Governor Andrew M. Cuomo to 7 proclaim January 24, 2011, as Juan Pablo 8 Duarte Day in the State of New York. 9 "WHEREAS, The people of the 10 Dominican Republic acquired autonomy and 11 sovereignty on the 27th day of February 1844; 12 and 13 "WHEREAS, The Island of Quisqueya, 14 the indigenous name for what later became the 15 Island of Hispaniola, was the cradle of 16 thinking and advancement in the Western 17 Hemisphere, establishing the first university 18 and cathedral of the New World; and 19 "WHEREAS, On the 26th day of 20 January 1813, Juan Pablo Duarte, the founding 21 father of the Dominican Republic, was born; 22 and 23 "WHEREAS, During the month of 24 January 2011, Dominicans celebrated the 198th 25 anniversary of Juan Pablo Duarte's birth; and

Candyco Transcription Service, Inc. 1 "WHEREAS, Juan Pablo Duarte, along 2 with Francisco Del Rosario Sanchez and Ramon 3 Matias Mella, formed La Trinitaria, a secret 4 organization that initiated the movement for 5 the independence of the Dominican Republic; 6 and 7 "WHEREAS, During the month of 8 February 2011, Dominican nationals and 9 Dominican Americans from throughout the 10 Dominican Republic and the United States will 11 celebrate the independence of the Dominican 12 Republic; and 13 "WHEREAS, Since February 27, 1966, 14 the Instituto Duartiano, Inc. in New York City 15 has promoted the memory and accomplishments of 16 Juan Pablo Duarte; and 17 "WHEREAS, The Instituto Duartiano 18 is an organization that is dedicated to 19 maintaining and keeping alive the life and 20 history of Juan Pablo Duarte, the liberator 21 and founder of the Dominican Republic; now, 22 therefore, be it 23 "RESOLVED, That this Legislative 24 Body pause in its deliberations to memorialize 25 Governor Andrew M. Cuomo to proclaim

Candyco Transcription Service, Inc. 1 January 24, 2011, as Juan Pablo Duarte Day in 2 the State of New York. In recognition of this 3 auspicious occasion, members of the Instituto 4 Duartiano will visit Albany, New York, on 5 Monday, January 24, 2011; and be it further 6 "RESOLVED, That copies of this 7 resolution, suitably engrossed, be transmitted 8 to the Honorable Andrew M. Cuomo, Governor of 9 the State of New York; the Honorable Rafael 10 Evans, Consul General of the Dominican 11 Republic; and the Honorable Juan R. Elliot, 12 President of the Instituto Duartiano de los 13 Estados Unidos." 14 THE PRESIDENT: Senator 15 Espaillat. 16 SENATOR ESPAILLAT: Thank you, 17 Mr. President, for allowing me to stand and 18 welcome, for the 14th consecutive year, these 19 visitors from the Instituto Duartiano and the 20 Dominican Consulate in New York City. 21 It has become a custom of them to 22 come at the beginning of the year as they kick 23 off Juan Pablo Duarte Week, which entails a 24 visit here to the Legislature but also 25 activities with young people in the local

Candyco Transcription Service, Inc. 1 public schools. They have their gala event 2 this coming Saturday. 3 And this year we are visited by the 4 following people from the Instituto Duartiano: 5 John Elliott, the president of the institute; 6 Juani Ortiz, who's the secretary general; and 7 two of the other members are Pilar Heimann and 8 Angela Castillo. 9 Also from the Dominican Consulate's 10 office we have, representing the Consul 11 General, Rafael Evans: Jose Thomas Paulino, 12 Cecilia Baez, Isabel Padilla, and Ambioris 13 Hernandez. 14 Thank you, Mr. President, for 15 allowing me to introduce them. I wish them 16 all a very good stay here in Albany and in the 17 Senate. This is, I believe, the first time 18 they've been here in the Senate; they've 19 traditionally done it in the other house. 20 So I welcome them to Albany, and I 21 wish you all the very best. 22 I would like for the rolls to stay 23 open that other members could join in the 24 resolution if possible. 25 Thank you, Mr. President.

Candyco Transcription Service, Inc. 1 THE PRESIDENT: Thank you, 2 Senator. 3 Other members wishing to speak? 4 Senator Diaz. 5 SENATOR DIAZ: Thank you, 6 Mr. President. 7 As a Puerto Rican and half 8 Dominican and adopted by the Dominican 9 community, I would like to join my colleague, 10 the Honorable Senator Adriano Espaillat, in 11 congratulating the Dominican community. 12 I'm Puerto Rican, but there was one 13 time, Mr. President, that we Puerto Ricans 14 used to control all the political forces in 15 the City of New York. But times have changed, 16 and Puerto Ricans have moved to Orlando, 17 Florida. 18 And the Dominican community has 19 been growing in New York City. Right now they 20 have two members of the Assembly are 21 Dominican. They have two members in this 22 chamber, Senator Espaillat and Senator 23 Peralta. And they have four City Council 24 members in the City of New York, plus many 25 judges and members of the community in

Candyco Transcription Service, Inc. 1 different positions. 2 So I'm proud. They honored me in 3 granting me the -- what you call the Serie 23, 4 the [in Spanish] that belongs to the people 5 from San Pedro de Macoris. And I have become 6 a Pedro Macorisano. And I have learned 7 already the national anthem [singing in 8 Spanish]. 9 So I am very proud to join the 10 members of the Dominican Republic and all 11 those beautiful people over there. And 12 please, thank you and these gentlemen who for 13 14 years have been doing the resolution in the 14 other chamber. 15 We did it here last year on the 16 Dominicans, and we will continue doing it. 17 Because you deserve, you are the members of 18 the community that are bringing pride to our 19 community. And you have supported me more 20 than anybody, even more than my own community, 21 you have supported me. And I will always 22 appreciate that. 23 As you know, I employ -- I am the 24 biggest Dominican employer in the City of 25 New York. I employ about a thousand of you in

Candyco Transcription Service, Inc. 1 the [Spanish] that my wife runs. 2 So I've been part Dominican. I'm a 3 Dominican today. I will be a Dominican 4 tomorrow. And I will always join my 5 colleagues here to honor you. 6 Thank you very much. And I see you 7 in the balcony. Thank you. 8 (Applause from balcony.) 9 THE PRESIDENT: Thank you, 10 Senator. 11 Any other Senators wishing to 12 speak? 13 Senator Libous, Senator Espaillat 14 wishes to open up this resolution for 15 cosponsorship. 16 SENATOR LIBOUS: Without 17 objection. 18 THE PRESIDENT: Any Senators 19 wishing not to be on the resolution please 20 notify the desk. 21 The question is on the resolution. 22 All in favor signify by saying aye. 23 (Response of "Aye.") 24 THE PRESIDENT: Opposed, nay. 25 (No response.)

Candyco Transcription Service, Inc. 1 THE PRESIDENT: The resolution is 2 adopted. 3 I also want to welcome our guests. 4 (Applause.) 5 THE PRESIDENT: Senator Libous, 6 why do you rise? 7 SENATOR LIBOUS: Thank you, 8 Mr. President. 9 Could we go back to reports of 10 standing committees for a nomination before 11 the Finance Committee. 12 THE PRESIDENT: Yes, Senator. 13 The Secretary will read. 14 THE SECRETARY: Senator 15 DeFrancisco, from the Committee on Finance, 16 reports the following nomination. 17 As Commissioner of Health, Nirav 18 Ramesh Shah, of New York City. 19 THE PRESIDENT: Senator 20 DeFrancisco. 21 SENATOR DeFRANCISCO: Yes, I rise 22 to move the nomination of Nirav Shah, 23 Dr. Nirav Shah, as the Commissioner of Health. 24 We've had hearings both in the 25 Health Committee as well as the Finance

Candyco Transcription Service, Inc. 1 Committee on his qualifications for this 2 position, and he's eminently qualified and 3 there was a unanimous vote in both committees. 4 And I would move the nomination and 5 request that you recognize Senator Hannon on 6 this nomination. 7 THE PRESIDENT: Thank you, 8 Senator. 9 Senator Hannon. 10 SENATOR HANNON: Thank you, 11 Mr. President. 12 I rise to commend to this body the 13 nomination for confirmation of Nirav Shah. 14 The Health Committee had a hearing where we 15 heard from several colleagues and 16 collaborators of Dr. Shah this morning, and 17 then Dr. Shah appeared before the Health 18 Committee, where there was lively conversation 19 about different aspects of health policy. 20 Dr. Shah is currently an assistant 21 professor of medicine -- or has been, until we 22 confirm him -- assistant professor of medicine 23 in the Section of Value and Comparative 24 Effectiveness at NYU, associate director for 25 research at NYU, as well as an associate

Candyco Transcription Service, Inc. 1 investigator at the Geisinger Center for 2 Health Policy and Research in Pennsylvania, a 3 43-site health system in central Pennsylvania 4 dealing mainly with rural residents. 5 He's a graduate of Harvard College 6 and received his M.D. and his MPH at Yale 7 University School of Medicine, and he's done 8 post-doc training as a fellow at the Robert 9 Wood Johnson Scholars Program at UCLA. He 10 serves on editorial boards of journals and has 11 published over 60 peer-reviewed articles. 12 The number of questions that he 13 fielded this morning and this afternoon has 14 been impressive, and I think all agreed that 15 he has addressed in a very "on top of the 16 moment" type of way so many of the pressing 17 health delivery issues that this state and 18 this nation faces. 19 I went over some of those 20 60 articles and was really impressed with the 21 wide range of things that he commented on, 22 mastered on, did some innovative research on. 23 Such things as grafts and chronic health 24 problems that often get people wound up back 25 in the hospital, thrombosis, diabetes,

Candyco Transcription Service, Inc. 1 adherence to prescriptions. Major, several 2 different articles in regard to hypertension, 3 effectiveness of drugs thereon, and the cost 4 of those drugs. Fibromyalgia. Wellness. 5 Pain. Menopause. 6 He has pioneered work in regard to 7 use of existing electronic health records and 8 has some deep thoughts about where we go in 9 the future with that. 10 Taking studies that currently exist 11 and using existing research to determine 12 effectiveness, comparative research. 13 These are the types of issues that 14 this state will face if we are to address a 15 systemic change in our health and Medicaid 16 system. We have for years been talking about 17 how we're going to fight cuts and all of that. 18 Finally, when our back is to the door, unless 19 we actually do what Governor Cuomo has 20 proposed and have a redesign, we're not going 21 to be able to make any progress. We're going 22 to lose too many people to bad healthcare. 23 So I believe one of the best pieces 24 of background that Dr. Shah brings to the job 25 of Health Commissioner is both being an

Candyco Transcription Service, Inc. 1 investigator with the Geisinger Healthcare 2 System -- rural New York is very comparable -- 3 and being at Bellevue Hospital, obviously a 4 shining example of what needs to be done in 5 our most populated centers in New York State. 6 For those reasons, I would commend 7 to this body the confirmation of Dr. Shah. 8 THE PRESIDENT: Thank you, 9 Senator. 10 Senator DeFrancisco. 11 SENATOR DeFRANCISCO: Yes, thank 12 you for recognizing me again. And I 13 appreciate the fine remarks of Senator Hannon. 14 But I really wanted to comment on 15 what a fine nomination this is that the 16 Governor brought to this body. 17 You know, we're at a real critical 18 stage not only in healthcare but in budgetary 19 matters in the State of New York. And 20 speaking with the doctor, it was pretty 21 obvious that he's aware of the problems and is 22 aware of the fact that the answer isn't simply 23 across-the-board cuts so that those 24 efficiently run programs and efficiently run 25 organizations get hurt more than those that

Candyco Transcription Service, Inc. 1 have fat in their area and could be cut with 2 impunity. And that we have to look at program 3 by program and make surgical cuts rather than 4 across-the-board cuts in order to balance this 5 very difficult budget. He's aware of that. 6 He's also an individual who is 7 extremely accomplished at such a young age. 8 It's just amazing what he's done in such a 9 short time. 10 And we've only got a short time to 11 correct the problems that the state is now 12 facing in healthcare, and I'm sure, with his 13 work ethic and his demonstrated success in his 14 profession, that he's the right person for 15 this job at the right time. 16 So I want to congratulate the 17 Governor on such a fine appointment and thank 18 the doctor, Dr. Shah, for being willing to 19 step up at this very important time in the 20 history of the State of New York. 21 Thank you. 22 THE PRESIDENT: Thank you, 23 Senator. 24 Senator Maziarz. 25 SENATOR MAZIARZ: Thank you very

Candyco Transcription Service, Inc. 1 much, Mr. President. 2 Dr. Shah, welcome, and thank you 3 for taking on this very difficult task, as was 4 outlined by my colleagues Senator Hannon and 5 Senator DeFrancisco. 6 Dr. Shah, I have to tell you that I 7 was a little bit surprised when I picked up 8 the Buffalo News and I saw that the Governor 9 was nominating somebody from Western New York 10 for the Health Department commissioner's job. 11 Usually in upstate New York we don't get those 12 very important assignments from any 13 administration. 14 But I read about you, how you were 15 born in Buffalo, graduated from Williamsville 16 High School, then went on to Harvard and Yale, 17 and then you moved to New York City. 18 Everybody makes mistakes, Doctor; don't worry 19 about that. 20 (Laughter.) 21 SENATOR MAZIARZ: We are very 22 proud of you from Western New York, 23 representing a district in Western New York. 24 And we wish you the best. As I think Senator 25 DeFrancisco pointed out, clearly with your

Candyco Transcription Service, Inc. 1 background, with your experience, you could be 2 doing a lot of other things that would 3 probably bring a lot more personal benefit to 4 you, but you chose to take on this task. 5 And I have to tell you that the 6 Buffalo News hit it spot-on when they said how 7 proud everyone is in Western New York of one 8 of our native sons taking on and being 9 nominated for this very important position. 10 Mr. President, I proudly second 11 this nomination. Thank you. 12 THE PRESIDENT: Thank you, 13 Senator. 14 Senator Farley. 15 SENATOR FARLEY: Thank you, 16 Mr. President. 17 I rise in support of this nominee. 18 Governor Cuomo has absolutely nominated a 19 superstar. Everything that he has done, he's 20 been number one in, he's succeeded. What a 21 scholar. As a professor, I've never seen 22 anyone that has published more articles and 23 treatises than he has. Dr. Shah is truly an 24 incredible appointee. 25 Also seated next to him is his

Candyco Transcription Service, Inc. 1 wife, who I am told through the nominee is 2 even smarter than he is: The number-one 3 student out of a million, which was quite 4 remarkable. And also he comes from a 5 magnificent family. 6 But everything he's done, he's been 7 a success at. His resume is absolutely 8 incredible. We're honored that he's taking on 9 these challenges because, in my judgment, this 10 is the most challenging time the State of 11 New York has ever faced, and certainly the 12 area of health and Medicaid is the area that's 13 going to need an awful lot of attention. And 14 we've got the person that can do it. 15 I wish you well, Doctor, and we're 16 delighted to have you at the head of the helm 17 of the Health Department. 18 THE PRESIDENT: Thank you, 19 Senator. 20 Senator Stewart-Cousins. 21 SENATOR STEWART-COUSINS: Thank 22 you, Mr. President. 23 I rise also to commend the Governor 24 for such a fine nominee. I had the privilege 25 of being in both the Health Committee hearings

Candyco Transcription Service, Inc. 1 as well as the Finance Committee, and it was 2 an amazing two hours, spent not only knowing 3 his credentials but having the testimony of 4 those who had worked with him, who had gone to 5 school with him, those who were in the 6 trenches with him. 7 The range covered from everything 8 he's done in terms of disparity studies to 9 making sure that people who are reluctant to 10 come in and be part of various studies were 11 reached anyway. But everyone said the same 12 things. They said collaborative. They said 13 visionary. They said leadership. They said 14 that Dr. Shah could get people to do anything 15 for him and work to the benefit for everyone, 16 and people didn't even know how hard they 17 worked. 18 Dr. Shah, when he finished, said 19 that New York State is poised to become a 20 national leader in healthcare, despite the 21 things that we face. I believe that's true, 22 and I believe it because we will have someone 23 who is a national leader at the helm of what 24 we do here. 25 Congratulations.

Candyco Transcription Service, Inc. 1 THE PRESIDENT: Thank you, 2 Senator. 3 Senator Ranzenhofer. 4 SENATOR RANZENHOFER: Thank you, 5 Mr. President. 6 I'd like to echo the comments of 7 some of my fellow Senators and welcome 8 Dr. Shah to the chamber. 9 The credentials really speak for 10 themselves. They're impeccable. The 11 treatises, the manuscripts that you've 12 written, the honors that you've achieved when 13 you were in school -- and if I do the math 14 correctly, looking at your date of high school 15 graduation, you're probably also one of the 16 youngest people to ever take on the position 17 of Health Commissioner of the State of 18 New York. 19 One of the things that I'd like to 20 mention is, first of all, my hometown -- where 21 you grew up -- is very, very proud. You went 22 to high school about a half-mile from where I 23 live. 24 And one of the things I wanted to 25 mention is despite the fact that you went to

Candyco Transcription Service, Inc. 1 Williamsville East -- Williamsville has three 2 high schools. It has South, it has North, and 3 it has East. So you have the Flames, you have 4 the Spartans, and you have the Billies. And 5 all I can tell you is that all of 6 Williamsville, all the high schools, the 7 entire community is very, very proud of you 8 and your family for what you've accomplished, 9 and we wish you the very best of luck in this 10 tremendously difficult and challenging 11 endeavor that you're going to undertake. 12 So congratulations, welcome, and 13 good luck in your new position. 14 Thank you. 15 THE PRESIDENT: Thank you, 16 Senator. 17 Senator Squadron. 18 SENATOR SQUADRON: Thank you, 19 Mr. President. 20 I too rise in support of the 21 nomination of Dr. Shah. And my colleagues 22 have so eloquently talked about why he's such 23 a great nominee and why the Governor has done 24 such an exemplary job in nominating him. 25 I also notice that many of my

Candyco Transcription Service, Inc. 1 colleagues would like to take credit for him. 2 And I am glad that Dr. Shah's roots are in 3 New York State, that he's spent a lot of time 4 here. But I am particularly proud -- and I'm 5 sure you and your family's ears are burning 6 right now, but our districts are too, because 7 Dr. Shah today resides in Lower Manhattan, in 8 the 25th Senate District. 9 And we are so proud of what he's 10 accomplished there, truly are so proud that he 11 started in New York. It's a real New York 12 story. Hopefully, even while his profession 13 brings him to Albany, we will keep him in 14 Battery Park City, which is one of the great 15 growing communities. His children started day 16 one at a new elementary school in the district 17 this year. 18 And to have somebody of Dr. Shah's 19 history, background and accomplishments 20 willing to come up and help us deal with the 21 incredible challenges we have in New York 22 State is a great, great pride I think to this 23 body, to state government, and, especially for 24 those of us at home, to Battery Park City and 25 to the 25th Senate District.

Candyco Transcription Service, Inc. 1 So welcome to Albany. I look 2 forward to commuting back and forth with you 3 in the years to come, Dr. Shah. And I look 4 forward to voting for your nomination today. 5 THE PRESIDENT: Thank you, 6 Senator. 7 Senator Kennedy. 8 SENATOR KENNEDY: Thank you very 9 much. 10 Dr. Shah, congratulations on the 11 nomination. I'd like to congratulate Governor 12 Cuomo on his foresight in not only putting 13 forward Dr. Shah as a consummate professional, 14 as someone whose biographical information and 15 resume speaks for itself, but for putting 16 forward a Western New Yorker. 17 And I know that Senator Ranzenhofer 18 spoke about how proud the town of 19 Williamsville is of you and Williamsville East 20 High School is of you. But even as a 21 St. Joe's Marauder, I can tell you I'm very 22 proud to second the nomination of Dr. Shah. 23 And as Senator Farley had mentioned 24 earlier, congratulations to your family as 25 well. And we all know that behind every good

Candyco Transcription Service, Inc. 1 man is a better woman. 2 And so, with that said, my 3 congratulations to you. It's truly an honor 4 to be on this floor with this honorable body 5 to second your nomination and ultimately 6 confirm you as the next commissioner of the 7 New York State Department of Health. We all 8 look forward to working progressively with you 9 to pass responsible legislation to move 10 New York State in a new direction. 11 Thank you. 12 THE PRESIDENT: Thank you, 13 Senator. 14 Senator Nozzolio. 15 SENATOR NOZZOLIO: Thank you, 16 Mr. President. On the nomination. 17 Mr. President and my colleagues, I 18 rise in support of this excellent individual 19 to become the next Commissioner of Health. 20 In our discussions with Dr. Shah 21 before the Senate Finance Committee, I was 22 impressed with his answers to my questions. I 23 was remiss in not asking him another question, 24 though, dealing with his tenure at the Langone 25 Medical Center.

Candyco Transcription Service, Inc. 1 The Langone Medical Center, among 2 many other things, is sponsor of one of the 3 best medical public information programs I 4 believe in all of the United States, and that 5 is known as "Dr. Radio." And, Dr. Shah, I 6 don't know if you've ever been a guest on 7 "Dr. Radio" or if you've had your own segment, 8 but I certainly look forward to you being a 9 guest, with your former colleagues, as you 10 move forward to educate the public and 11 particularly New Yorkers about health matters 12 and medical concerns. 13 Dr. Shah and I had a very nice 14 discussion within the confines of the Finance 15 Committee on the issue that in this day of 16 celebration we may not want to focus on, but 17 Dr. Shah has confirmed and pledged his focus 18 to understand the ramifications, the very 19 serious ramifications of what is being done to 20 healthcare in the United States of America by 21 those policymakers in Washington, D.C. 22 That New York needs to be poised to 23 understand its costs, its potential 24 destruction to very important medical services 25 that we take for granted in New York because

Candyco Transcription Service, Inc. 1 we have the best medical schools, the best 2 medical researchers, the best number of 3 specialists, whether it be downstate in the 4 city but also upstate in the cities of Buffalo 5 and Rochester and Syracuse. 6 That I fear that our nation is 7 headed on a course of medical destruction 8 where we will be dumbed down in terms of the 9 healthcare provided, the research conducted by 10 those who are empowered with that important 11 responsibility. 12 Dr. Shah, you will have many tasks. 13 But one among those I hope you will take on, 14 and that's the understanding of what the 15 ramifications are of those significant policy 16 changes now suggested and mandated by 17 Washington, D.C. 18 Mr. President, an excellent 19 nomination, a very quality person. I look 20 forward to working with him in these new 21 capacities. I proudly vote on behalf of this 22 nomination in the affirmative. 23 Thank you, Mr. President. 24 THE PRESIDENT: Thank you, 25 Senator.

Candyco Transcription Service, Inc. 1 Senator Young. 2 SENATOR YOUNG: Thank you, 3 Mr. President. 4 Dr. Shah, I enthusiastically rise 5 to support you in your nomination as the next 6 commissioner of the Department of Health in 7 New York State. We haven't had a chance to 8 chat yet, but just so you know, I represent 9 the Southern Tier of Western New York, so I 10 know that you've heard of places like Dunkirk 11 and Jamestown and Olean and Wellsville in my 12 district. 13 And I was particularly impressed to 14 hear you speak in the Finance Committee about 15 a lot of things, but the fact that you were 16 asked a question about whether everything 17 should be uniform and standard across the 18 entire board in New York State as far as the 19 counties are concerned. And you listened and 20 you were diplomatic, but you also responded 21 that you know that each area of the state has 22 its own special unique needs and that you want 23 to tailor things in order to best meet those 24 needs. 25 That was very impressive to me,

Candyco Transcription Service, Inc. 1 because it's great to have someone in your 2 position who is willing to listen, who 3 understands rural New York in addition to 4 urban New York, and that you will work with us 5 to address some of the unique needs, 6 especially in rural healthcare. Because we 7 need to make sure that people continue to have 8 access, get the services that they need, that 9 we will have the physicians and other medical 10 professionals who are important to deliver 11 those services. You understand that. And 12 it's great to have somebody who knows Western 13 New York, who knows New York City and 14 everything in between. 15 So I look forward to work with you 16 on those very serious, significant issues. 17 And I know you are going to make us all proud, 18 not just in Western New York but across the 19 entire state. 20 Thank you. 21 THE PRESIDENT: Thank you, 22 Senator. 23 Any other Senators wishing to speak 24 on the nomination? 25 The question is on the nomination

Candyco Transcription Service, Inc. 1 of Dr. Nirav Ramesh Shah as Commissioner of 2 Health. All in favor signify by saying aye. 3 (Response of "Aye.") 4 THE PRESIDENT: Opposed, nay. 5 (No response.) 6 THE PRESIDENT: Dr. Shah is 7 hereby confirmed as Commissioner of Health. 8 Congratulations, Doctor. 9 (Standing ovation.) 10 THE PRESIDENT: Dr. Shah is 11 joined by his family up in the east gallery. 12 He is joined by his wife, Nidhi Shah -- I 13 thank her for being here -- his son, Vir Shah; 14 his daughter, Amira Shah; his father, Ramesh 15 Shah; his mother, Rekha Shah; and his uncle, 16 Deepak Maniar. 17 So congratulations, everybody. 18 Thank you, Doctor. 19 (Applause.) 20 THE PRESIDENT: Senator Libous. 21 SENATOR LIBOUS: Thank you, 22 Mr. President. 23 There will be an immediate meeting 24 of the Rules Committee in Room 332, 25 Mr. President.

Candyco Transcription Service, Inc. 1 And I ask that the Senate stand at 2 ease. 3 THE PRESIDENT: There is an 4 immediate meeting of the Rules Committee in 5 Room 332, and the Senate will now stand at 6 ease. 7 SENATOR BRESLIN: Point of order, 8 Mr. President. Point of order. 9 THE PRESIDENT: Senator Breslin. 10 SENATOR LIBOUS: Mr. President, I 11 believe the Senate stands at ease. 12 SENATOR BRESLIN: Point of order. 13 SENATOR LIBOUS: The Senate's at 14 ease. 15 THE PRESIDENT: The Senate stands 16 at ease. 17 SENATOR BRESLIN: Point of order, 18 Mr. President. 19 SENATOR LIBOUS: The Senate is at 20 ease. 21 SENATOR BRESLIN: I think a point 22 of order supersedes -- 23 THE PRESIDENT: Senator, Senator 24 Libous had already called at ease before that. 25 (Whereupon, the Senate stood at

Candyco Transcription Service, Inc. 1 ease at 3:44 p.m.) 2 (Whereupon, the Senate reconvened 3 at 4:02 p.m.) 4 THE PRESIDENT: The Senate will 5 come to order. 6 Senator Libous. 7 SENATOR LIBOUS: Thank you. 8 Mr. President, we will have a 9 report of the Rules Committee. But before we 10 do that, I believe Senator Breslin would like 11 the floor. 12 THE PRESIDENT: Senator Breslin. 13 SENATOR BRESLIN: Thank you, 14 Senator Libous. And thank you, Mr. President. 15 A point of order. Mr. President, 16 this point of order goes to the inherent power 17 of the leaders of each of the two conferences, 18 the majority conference and the minority 19 conference. Among their abilities are their 20 abilities to assign resources, designated 21 offices for people, name their members to 22 committees, and determine seating within this 23 hallowed chamber. 24 Yet apparently the majority has 25 chosen to disregard this tradition today. On

Candyco Transcription Service, Inc. 1 the very day that John Sampson, the minority 2 leader, handed up committee assignments for 3 four Democratic Senators who chose to caucus 4 together, seating arrangements were made for 5 them. 6 The rules are such that the 7 majority and the minority have separate 8 responsibilities. The minority has 9 responsibilities over its own members, the 10 majority over its members. This seemed to be 11 unclear in the previous three or four weeks, 12 which made it very difficult for the minority 13 conference to really get together and move 14 towards a point where we're doing the people's 15 business, which is the most important thing we 16 have before us. 17 Attendant to that, there was a 18 letter written by the majority leader to our 19 conference leader on January 14th that talked 20 about making sure that the Senate minority 21 gave committee assignments to the four 22 Democrats who caucus on their own. 23 Senator Sampson was delighted with 24 that letter, because it seemed to clear up 25 minority versus majority, and wrote back --

Candyco Transcription Service, Inc. 1 the letter from Senator Skelos to Senator 2 Sampson was on January 14th. And Senator 3 Sampson immediately responded the next day by 4 saying, in part, "I await your prompt 5 acknowledgment I may proceed with a range of 6 decisions to imbue the conference leadership, 7 including but not limited to office 8 assignments, staffing allocations, seating in 9 this chamber, and committee assignments, so 10 that we can turn towards pending legislation." 11 A letter again was followed up to 12 that on January 21st saying that we had not 13 heard. 14 The bottom line is we are the 15 minority conference. We have jurisdiction 16 over our minority members, as it should be. 17 The majority has jurisdiction over its 18 members. And we would urge that the majority 19 leader and the minority leader get together. 20 Because as we look across this land at all 21 50 states, in all 50 there's a majority and a 22 minority. And sometimes there appears to be 23 some sort of interference in the democratic 24 process. 25 We would like it clearly

Candyco Transcription Service, Inc. 1 established that there in fact is a minority, 2 with minority members to be treated in a fair 3 and equitable way, and a majority, who will 4 treat their members in the same way. 5 So the bottom line, Mr. President, 6 is I would urge that the leaders of the 7 respective conferences get together to make 8 sure that they can resolve this in what has 9 become a tradition over many years that's 10 outlined in the rules of this Senate about the 11 majority and the minority. Then we can go on 12 to the people's business. 13 Thank you, Mr. President. 14 THE PRESIDENT: Senator Adams, on 15 the point of order. 16 SENATOR ADAMS: Yes, I'd like to 17 speak on the point of order. 18 Mr. President, I'm a bit confused, 19 because one thing I recalled when Senator 20 Skelos spoke here is that -- 21 SENATOR LIBOUS: Excuse me, 22 Mr. President. 23 SENATOR ADAMS: -- one thing we 24 were going to do, we were going to return 25 decorum to the chamber. That's what he

Candyco Transcription Service, Inc. 1 stated. 2 THE PRESIDENT: Senator Libous, 3 why do you rise? 4 SENATOR LIBOUS: I'm sorry, 5 Senator. I have a cold, I have trouble 6 hearing. Are you speaking on the point of 7 order? 8 SENATOR ADAMS: Yes, I am. 9 SENATOR LIBOUS: Thank you, 10 Mr. President. 11 SENATOR ADAMS: As I was stating, 12 the point of order that Senator Breslin raised 13 is that there seems to be a complete erosion 14 of the decorum and what we expect from each 15 other. 16 When we have a member like Senator 17 Montgomery, with over 25 years in this Senate, 18 Senator Oppenheimer, with an equal amount of 19 years in the Senate, when we have members like 20 that who have freshman members who are picking 21 rooms before them, who are knowing more about 22 what's going to happen to their lives -- when 23 we came here, we thought that there was a 24 level of decorum that we were going to treat 25 each other with a level of respect and a level

Candyco Transcription Service, Inc. 1 of dignity. 2 We'd have never done something like 3 that to Senator Johnson. Every day in our 4 conference we talk about how we should treat 5 Senator Johnson and Senator Farley and some of 6 the senior members of this conference with a 7 level of respect and dignity. 8 What is happening to the decorum of 9 this place? And I think that's what Senator 10 Breslin is stating. We don't know our 11 allocation of funding, we can't take care of 12 our members. And now to walk inside the 13 chamber today and have to go from chair to 14 chair to chair to see where are we sitting 15 today as if we're playing some type of 16 political musical chairs. 17 We deserve better than this. And 18 we expect better than this. And Senator 19 Skelos stated that we're going to return 20 decorum back to this place. That is not 21 decorum, when Senator Sampson can't assign the 22 members of his conference to their seats, 23 their rooms, their allocations and other 24 things that the leaders of this Senate chamber 25 was always deserving of doing.

Candyco Transcription Service, Inc. 1 And that's what Senator Breslin is 2 saying. It's not about where we sit or how 3 you seat, it's about treating each other with 4 a level of dignity and respect that being a 5 Senator and being the leader of your 6 conference -- there isn't three conferences in 7 the Senate. Let's stop this madness. There 8 are two conferences. There's the majority and 9 there's the minority. And that's how we 10 should be treated. 11 And when this conference was in the 12 minority, we treated you with the respect. We 13 shared the videos, we shared the resources, we 14 shared the newsletters and upgraded how we 15 treated each other. 16 So our statement is today if we're 17 going to start creating a three-tiered 18 system -- and I want to read one important 19 paragraph of Senator Skelos' letter: "The 20 Senate shall not discriminate because of race, 21 creed, color, age and sex and marital status." 22 This is Senator Skelos' letter. Was Senator 23 Montgomery denied her room because she's an 24 African-American woman? Was Suzi Oppenheimer 25 denied her space because she's a woman?

Candyco Transcription Service, Inc. 1 SENATOR LIBOUS: Mr. President -- 2 SENATOR ADAMS: But it even went 3 further. Let me go on further. It says -- 4 SENATOR LIBOUS: Mr. President, 5 Senator Skelos -- 6 SENATOR ADAMS: It says -- it 7 says -- 8 SENATOR LIBOUS: Mr. President, 9 point of personal privilege. 10 SENATOR ADAMS: I don't want to 11 be interrupted. 12 SENATOR LIBOUS: Excuse me, 13 Mr. President. Senator Skelos -- point of 14 personal privilege, Mr. President. 15 SENATOR ADAMS: It's stated 16 here -- it's stated here in -- it's stated 17 here -- it's stated here -- 18 SENATOR LIBOUS: Point of 19 personal privilege, Mr. President. 20 Mr. President, point of personal privilege. 21 Senator Skelos is not here -- 22 SENATOR ADAMS: -- in Senator 23 Klein's letter -- 24 SENATOR LIBOUS: -- to defend 25 himself.

Candyco Transcription Service, Inc. 1 SENATOR ADAMS: In Senator 2 Klein's letter he stated he was denied access, 3 he was denied access to -- 4 SENATOR LIBOUS: Can I have order 5 in the house, Mr. President. 6 THE PRESIDENT: (Gaveling.) 7 SENATOR ADAMS: That is not true. 8 That was a lie. He was not denied access -- 9 THE PRESIDENT: Senator Libous. 10 SENATOR LIBOUS: I would like 11 order in the house, Mr. President. 12 Senator Adams has called -- 13 SENATOR ADAMS: I have the floor. 14 I have the floor. 15 SENATOR LIBOUS: -- Senator 16 Skelos out by name. Point of personal 17 privilege. 18 SENATOR ADAMS: I have the floor. 19 SENATOR LIBOUS: He is out of 20 order by calling Senator Skelos out by name. 21 SENATOR ADAMS: You -- you -- 22 you're out of order by ignoring -- by ignoring 23 that I have the floor, Senator Libous. 24 Senator Libous is out of order that 25 we walked in here and had to walk from chair

Candyco Transcription Service, Inc. 1 to chair. That's out of order, Senator 2 Libous. After you stated that we're going to 3 have decorum back in this place. That's out 4 of order. Of disrespecting the leader of this 5 conference and creating another conference, 6 that's out of order, Senator Libous. 7 THE PRESIDENT: Senator Adams, 8 Senator Libous has made a point of privilege 9 here in speaking. 10 Senator Libous. 11 SENATOR ADAMS: I have the floor. 12 I have the floor, Mr. President. 13 SENATOR LIBOUS: You know what, 14 Mr. President, I'm going to ask Senator Skelos 15 to come out here, since he's calling Senator 16 Skelos by name. 17 Now, Senator Adams, if you wish to 18 continue, continue and then I will respond. 19 THE PRESIDENT: Senator Adams. 20 SENATOR ADAMS: Mr. President, 21 I'm lost on how quoting the text of Senator 22 Skelos is calling his name. I quoted his 23 letter. 24 I also wanted -- I want everyone in 25 this chamber to listen to this paragraph in

Candyco Transcription Service, Inc. 1 Senator Klein's letter signed by my four other 2 colleagues. "Because our members no longer 3 have access to the staff and services of 4 either the majority or minority, the IDC 5 members have pooled many of the functions of 6 our personal staffs." 7 Who denied them access to central 8 staff? No one denied them access to central 9 staff. They have the right to the same 10 central staff as all of us. No one stated 11 they could no longer use our central staff. 12 The dismantling of dignity and 13 respect to each one of us is not instant, it's 14 an erosion that takes place drip by drip by 15 drip. We should never disrespect the senior 16 members of this chamber. Senator Montgomery 17 should never be disrespected. Senator Johnson 18 should never be disrespected. And some of 19 these other senior members should never be 20 disrespected. 21 When we deny them the right of 22 something as simple as their room or their 23 seats or their allocations, then that is a 24 denial of all of us. It's only a matter of 25 time when we're lucky to serve as long as

Candyco Transcription Service, Inc. 1 they've served. 2 That's my statement to my 3 colleagues on both sides of the aisle that I 4 sit down and speak with and all of us speak 5 with. We can't allow politics to disrespect 6 each other, and particularly the senior 7 members of this chamber. 8 It was wrong for us to walk into 9 this chamber today and have to go chair by 10 chair to find out where we sit today. That 11 shouldn't happen to you, and it shouldn't 12 happen to us on this side of the aisle. We're 13 better than this, and we deserve a greater 14 amount of respect than this. 15 And I'm ashamed of my four 16 colleagues that are making this into this 17 charade that it ought not to be. There are 18 two conferences in this Senate, the majority 19 and the minority. 20 Thank you, Mr. President. 21 THE PRESIDENT: Senator Libous. 22 SENATOR LIBOUS: Thank you, 23 Mr. President. 24 We are speaking on Senator 25 Breslin's motion, is that correct, or his

Candyco Transcription Service, Inc. 1 point of order? 2 THE PRESIDENT: We will go back 3 to Senator Breslin's point of order, yes. 4 SENATOR LIBOUS: That's what both 5 Senators were speaking on? 6 THE PRESIDENT: Yes. 7 SENATOR LIBOUS: Okay. 8 Senator Adams, on that point or 9 motion, I take offense at a lot of what you 10 said. I'm in charge of the transition, and I 11 work with Senator Breslin from this side of 12 the aisle. And at no point in time was there 13 any discrimination that has taken place with 14 this. And, sir, I consider that an insult and 15 not the conduct and behavior that anyone of us 16 should have toward each other. 17 Now, let me continue, please, as I 18 let you continue. 19 We have organized the office move 20 the best way we know how, very similar to what 21 was done two years ago. And quite frankly, 22 Mr. President, and Senators on this side of 23 the aisle, we've given you more space than you 24 gave us. We gave you additional offices on 25 the ninth floor. We're actually in motion

Candyco Transcription Service, Inc. 1 right now to give you additional space in 2 other buildings so that you can function as 3 viable minority. 4 And I have to stand here with my 5 colleagues and listen to you degrade our 6 leader and to degrade us for not being fair, 7 with racial overtones? Never, sir. Never. I 8 resent the racist remarks. And no one on this 9 side of the aisle represents those remarks at 10 all. I am hurt by that. 11 Now let's talk about the motion on 12 the floor. There is a motion on the floor 13 that deals with seating in the chamber. And I 14 ask, Mr. President, that you call his motion 15 out of order based on Rule 2, Section 6. And 16 if you would, Mr. President, I would ask you 17 to read that rule. 18 THE PRESIDENT: Rule 2, under the 19 title "Temporary President." Section 6: "He 20 or she shall have general control, except as 21 otherwise provided by law or in these rules, 22 of the Senate chamber and the lobbies and 23 galleries thereof, and of the rooms, corridors 24 and passages in that part of the Capitol and 25 Legislative Office Building assigned to the

Candyco Transcription Service, Inc. 1 use of the Senate, and any other property 2 leased or utilized by the Senate." 3 SENATOR LIBOUS: Mr. President, I 4 ask that you rule Senator Breslin's motion out 5 of order. 6 SENATOR SQUADRON: Mr. President. 7 THE PRESIDENT: Senator Squadron, 8 why do you rise? 9 SENATOR SQUADRON: Point of order 10 or -- 11 SENATOR LIBOUS: We are on a 12 point of order, Mr. President. You cannot 13 have a point of order based on a point of 14 order. We are on the ruling on the point of 15 order. 16 SENATOR SQUADRON: I misspoke, 17 Mr. President, excuse me. 18 I have a point for Senator Libous, 19 a point of clarification. The point of order 20 was not on the seating in the chamber nor on 21 the use of any particular Senate resources, it 22 was on the role of the minority and majority 23 leaders of the Senate under the rules and the 24 tradition of the house. 25 THE PRESIDENT: Senator Breslin,

Candyco Transcription Service, Inc. 1 please state your point of order. 2 SENATOR BRESLIN: Yes, 3 Mr. President, I'd be glad to. 4 It was really -- it wasn't on any 5 particular thing, it was to make this body 6 rise above petty politics and really to get 7 together as a majority and a minority to 8 determine things like allocations, seating 9 assignments, committees and office spaces. 10 And it was asking -- it wasn't 11 demanding, through an order, it was asking 12 that the majority leader and the minority 13 leader get together to resolve those issues 14 which really, in the whole scheme of things, 15 pale by comparison to what's important, to get 16 legislation that affects the people of the 17 State of New York. And it was really to 18 short-circuit some of these undercurrents that 19 arise through letters back and forth to each 20 side. 21 THE PRESIDENT: Senator, I'm not 22 sure it's a point of order. But I'll go back 23 and read -- 24 SENATOR LIBOUS: Would you rule 25 on the point of order, Mr. President.

Candyco Transcription Service, Inc. 1 THE PRESIDENT: I'll go back and 2 reread the same section. It's the ruling of 3 the Temporary President to make decisions 4 relative to this chamber. 5 And I think -- I defer to you 6 gentlemen to speak offline, but I think in 7 terms -- if there was a point of order 8 relative to seating, that that point is 9 overruled based on the Temporary President's 10 rules and power. 11 SENATOR LIBOUS: Mr. President -- 12 SENATOR SQUADRON: Mr. President, 13 if I could just reiterate the point Senator 14 Breslin just made, which is it's not a point 15 of order relative to seating, it's a point of 16 order about doing the business of the house. 17 THE PRESIDENT: You wish to be 18 recognized, Senator Squadron? 19 SENATOR SQUADRON: Yes, 20 Mr. President. 21 THE PRESIDENT: Senator Squadron. 22 SENATOR SQUADRON: Thank you. 23 Thank you very much. And forgive me for 24 jumping in there. 25 Just to reiterate yet again what

Candyco Transcription Service, Inc. 1 Senator Breslin said, this is not a point of 2 order relative to the seating of the house, it 3 is a point of order that is relative to the 4 house's ability to do the people's business. 5 And in order to do that, as Senator Breslin so 6 eloquently put it -- 7 SENATOR LIBOUS: Excuse me. Is 8 there a new point of order on the floor? I 9 believe we ruled on Senator Breslin's point of 10 order. 11 And if you could please tell me 12 what the good Senator is speaking on at this 13 point in time. I believe we resolved the 14 issue and we now need to go to the reading of 15 the reports of standing committees. 16 SENATOR SQUADRON: Mr. President, 17 I wasn't sure that I heard you rule on it, and 18 I was just trying to clarify it before the 19 ruling. I may have misunderstood it. 20 THE PRESIDENT: Senator Libous, I 21 wasn't sure of the point of order either. But 22 in case there was one relative to seating, it 23 comes back under Rule 2, Section 6. I think 24 it -- I ruled the -- I was told this was not a 25 point of order, but I think, as Senator Libous

Candyco Transcription Service, Inc. 1 said, it's a moot point. 2 I think that the two conferences 3 can certainly get together and talk, but I was 4 not sure what the exact point of order is. 5 The Temporary President is within his rights 6 to establish seating and all things that 7 happen within this chamber. 8 SENATOR SQUADRON: Mr. President, 9 I'd like to appeal the ruling of the chair, 10 please. I'd like to appeal the ruling of the 11 chair. I'd like to appeal your ruling, 12 Mr. President. And I'd like to speak on it, 13 again to clarify again -- and I'm not sure any 14 clarification is necessary, Senator Breslin 15 was so eloquent about it. 16 But the reason we're here is to do 17 the people's business, not to talk about all 18 of these little internal pieces. 19 Unfortunately, to do the people's business we 20 need to have clarity as to how this house will 21 run. In fact, we saw over the last two years 22 what happens when there isn't clarity on how 23 this house will be run. 24 We saw what happened when power 25 overtakes or the thirst for power overtakes

Candyco Transcription Service, Inc. 1 the need to do the people's business. And the 2 point of order that Senator Breslin was 3 making, as I understood it, based on his 4 eloquent description, was we need clarity 5 about the minority and the majority leaders' 6 roles in this house. And we are requesting 7 those from Senator Skelos. 8 THE PRESIDENT: Just before I go 9 to Senator DeFrancisco, there is not a clear 10 point of order even to rule on. 11 Senator DeFrancisco. 12 SENATOR DeFRANCISCO: Would 13 Senator Squadron yield to a question. 14 THE PRESIDENT: Senator Squadron, 15 will you yield? Senator Squadron, do you 16 yield to a question? 17 SENATOR SQUADRON: I do, 18 absolutely. 19 THE PRESIDENT: Senator. 20 SENATOR DeFRANCISCO: The point 21 you mentioned, Mr. President, is well-taken. 22 And what I want to ask Senator Squadron is 23 what remedy is he asking for. 24 THE PRESIDENT: Senator. 25 SENATOR SQUADRON: We're asking

Candyco Transcription Service, Inc. 1 for clarity either from the chair or from the 2 majority leader as to the role of the minority 3 leader and the majority leader to each of the 4 members of this house. 5 THE PRESIDENT: Senator, just -- 6 I'll go back. Not to be redundant, but 7 Rule 2, Section 6 clearly points out the 8 powers of the Temporary President. 9 SENATOR SQUADRON: Mr. President, 10 again, just speaking on the appeal again. As 11 I read the rule that you are referencing, it 12 has to do with the physical plant of the 13 Senate. 14 That certainly, Mr. President, if 15 your ruling is that the majority leader of the 16 Senate has complete and absolute power to all 17 things and there is in fact no minority and 18 that the ruling of the chair is that the 19 minority has no prerogatives and no role in 20 this house, that that is certainly a ruling 21 that I would appeal as well. 22 THE PRESIDENT: Do you have a 23 specific point of order? 24 SENATOR SQUADRON: I do. And as 25 I -- as I stated.

Candyco Transcription Service, Inc. 1 THE PRESIDENT: State your point 2 of order. 3 SENATOR LIBOUS: Excuse me, 4 Mr. President. 5 THE PRESIDENT: Senator Libous. 6 SENATOR SQUADRON: I have the 7 floor, Mr. President. Mr. President, I have 8 the floor. 9 THE PRESIDENT: Senator Libous -- 10 SENATOR SQUADRON: Mr. President, 11 I have the floor and was speaking on the 12 appeal. 13 SENATOR LIBOUS: He's speaking on 14 the appealing of the ruling of the chair, sir. 15 SENATOR SQUADRON: Mr. President, 16 there is a motion to appeal the ruling of the 17 chair. I am speaking on it. I am happy to 18 yield to a question, as I did with Senator 19 DeFrancisco. I'd be happy to yield to a 20 question from Senator Libous or anyone else. 21 SENATOR LIBOUS: Mr. President, 22 would the Senator yield? 23 SENATOR SQUADRON: As I said I 24 would. 25 SENATOR LIBOUS: Mr. President, a

Candyco Transcription Service, Inc. 1 year and a half ago there was -- some people 2 called it a coup took place. The lights went 3 out and the doors got locked by the majority. 4 Would you say, Mr. President, Senator 5 Squadron, that the majority controlled the 6 chamber at that time? 7 SENATOR SQUADRON: Senator 8 Libous, I hear that as question about the 9 physical plant of the chamber. And I know 10 that that's what the President ruled on as 11 well. 12 The reason I'm appealing the 13 President's ruling is not actually to question 14 the authority of the majority relative to 15 lights and hallways and offices and a whole 16 number of other things that are really 17 irrelevant to the people. 18 What I'm asking is for a ruling on 19 the clarity of the majority and the minority 20 relative to the operation of this house, 21 because that's the way you can have a 22 democratic process to deal with the issues 23 before the state. 24 SENATOR LIBOUS: Mr. President, I 25 can answer his question very clearly.

Candyco Transcription Service, Inc. 1 THE PRESIDENT: Senator Libous. 2 SENATOR LIBOUS: Senator 3 Squadron, read the rules. 4 SENATOR SQUADRON: I'm not sure I 5 hear a question there, Mr. President, so I'll 6 continue on my appeal here. 7 Again, the reason I'm appealing the 8 ruling of the chair is because I believe the 9 ruling of the chair was based on a question 10 about the physical plant of the Senate. And I 11 am appealing because I do not believe that the 12 rules nor the tradition of this house say that 13 there is in fact no authority or prerogative 14 for the minority. In fact, the rules and the 15 tradition of this house and in fact the 16 fundamental tenets of a democratic system is 17 that you have a majority and a minority, that 18 you have independent debate for that majority 19 and that minority. 20 And I believe that the ruling on 21 the very limited issue of space is certainly 22 appropriate but not in fact related to the 23 point of order, which is about the role of the 24 minority leader and the role of the majority 25 leader as independent entities that are able

Candyco Transcription Service, Inc. 1 to create a process that allows us to do what 2 we should be doing instead of having this 3 conversation, which is dealing with the issues 4 before the state. 5 We need the clarity in order to 6 have a body that doesn't devolve the way it 7 did a year and a half ago, as Senator Libous 8 reminded us, but instead is able to have true 9 debate on the very, very pressing issues 10 before us. 11 THE PRESIDENT: Thank you, 12 Senator. 13 On the point of the appeal, all 14 those wishing to overrule the vote of the 15 President signify by saying aye. 16 (Response of "Aye.") 17 THE PRESIDENT: All those 18 opposed. 19 (Response of "Nay.") 20 THE PRESIDENT: The ruling of the 21 chair stands. 22 Senator Libous. 23 SENATOR LIBOUS: Can we go back 24 to the reading of the reports of standing 25 committees, please.

Candyco Transcription Service, Inc. 1 The report of the Rules Committee 2 is at the desk. 3 THE PRESIDENT: The Secretary 4 will read reports of standing committees. 5 THE SECRETARY: Senator Skelos, 6 from the Committee on Rules, reports the 7 following bill direct to third reading: 8 Senate Print 2026, by Senator 9 Flanagan, an act to amend the Education Law. 10 THE PRESIDENT: Senator Libous. 11 SENATOR LIBOUS: Mr. President, I 12 move to adopt the Rules report. 13 THE PRESIDENT: All those in 14 favor of accepting the report of the Rules 15 Committee signify by saying aye. 16 (Response of "Aye.") 17 THE PRESIDENT: Opposed, nay. 18 (Response of "Nay.") 19 THE PRESIDENT: The report is the 20 accepted. 21 Senator Libous. 22 SENATOR LIBOUS: Mr. President, 23 there being no further business, I move that 24 we adjourn until Tuesday, January 25th, at -- 25 excuse me, Mr. President.

Candyco Transcription Service, Inc. 1 I believe the Minority has 2 committee assignments, in consultation with 3 the Majority, that we would love to hand up. 4 Now, Mr. President, can we ask that they be 5 filed with the Journal Clerk. 6 There being no further business, I 7 move that we adjourn until Tuesday, 8 January 25th, at 3:00 p.m. 9 THE PRESIDENT: They will be 10 filed in the Journal. 11 And on motion, the Senate stands 12 adjourned until Tuesday, January 25th, at 13 11:00 a.m. Oh, I'm sorry, 3:00 p.m. 14 SENATOR LIBOUS: Mr. President, I 15 know we've adjourned, but I believe Senator 16 Hassell-Thompson has an announcement. 17 THE PRESIDENT: Senator. 18 SENATOR HASSELL-THOMPSON: There 19 will be an immediate meeting of the Democratic 20 conference in the Democratic Conference Room 21 following session. 22 THE PRESIDENT: Just to go back, 23 Senator Libous, I have 11:00 a.m. Is it -- 24 SENATOR LIBOUS: It's actually 25 3:00 p.m. That's been changed by the Majority

Candyco Transcription Service, Inc. 1 Leader. 2 THE PRESIDENT: Okay. So on 3 motion, the Senate stands adjourned until 4 Tuesday, January 25th, at 3:00 p.m. 5 There will be a Democratic 6 conference immediately following session. 7 The Senate stands adjourned. 8 (Whereupon, at 4:26 p.m., the 9 Senate adjourned.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

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