Monday, February 9, 2015

And Ellen Brody, an active member of her community who worked at a local jewelry store.

Six days ago, these people lost their lives in what was Metro-North's worst accident in history. I ask my colleagues to join me in a moment of silence as we reflect on the profound tragedy.

ACTING PRESIDENT GRIFFO:We will observe a moment of silent reflection in remembrance and prayer.

(Whereupon, the assemblage respected a moment of silence.)

SENATOR MURPHY:Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Murphy.

The reading of the Journal.

THE SECRETARY:In Senate, Sunday, February 8th, the Senate met pursuant to adjournment. The Journal of Saturday, February 7th, was read and approved. On motion, Senate adjourned.

ACTING PRESIDENT GRIFFO:Without objection, the Journal stands approved as read.

Presentation of petitions.

Messages from the Assembly.

Messages from the Governor.

Reports of standing committees.

Reports of select committees.

Communications and reports from state officers.

Motions and resolutions.

Senator Libous.

SENATOR LIBOUS:Mr. President, could you please call on Senator Gianaris for the purpose of a motion.

ACTING PRESIDENT GRIFFO:Senator Gianaris.

SENATOR GIANARIS:Mr. President, on behalf of Senator Dilan, I move that the following bills be discharged from their respective committees and be recommitted with instructions to strike the enacting clause: Senate Bills 1536 and 2301.

ACTING PRESIDENT GRIFFO:It is so ordered.

Senator Libous.

SENATOR LIBOUS:Mr. President, on behalf of you, sir, Senator Griffo, I move that the following bill be discharged from its respective committee and be recommitted with instructions to strike the enacting clause. And that would be Senate Print 2945.

ACTING PRESIDENT GRIFFO:It is so ordered.

SENATOR LIBOUS:Mr. President, is there a report of the Judiciary Committee at the at the desk?

ACTING PRESIDENT GRIFFO:There is a report of the Judiciary Committee before the desk.

SENATOR LIBOUS:Could we have it read at this time.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Senator Bonacic, from the Committee on Judiciary, reports the following nomination:

Judge Leslie E. Stein, to the New York State Court of Appeals.

ACTING PRESIDENT GRIFFO:Senator Bonacic.

SENATOR BONACIC:Thank you, Mr. President.

Earlier today we had a public hearing regarding the qualifications of the nominee, Appellate Division Judge Leslie Stein.

I want to commend the Governor for sending us a nominee that is very experienced, 19 years through the judicial steps, served as a Supreme Court judge in Albany for six years, in the Appellate Division for seven years.

And I met with her personally prior to today's events. And pursuant to the provisions of Section 2 of Article 6 of the Constitution and the provisions of Section 68 of the Judiciary Law, the Judiciary Committee has reported the nomination to the floor with unanimous consent.

Now, Judge Stein is in the house, in the gallery, and she's joined by her husband, Mark Sonders; their friends Beth Lifshin, who was Clark, Regina Martino, the Honorable Karen Peters, who is the presiding justice of the Appellate Division of the Third Department, and Robert Mayberger, the clerk of the Appellate Division, the Third Department.

I now ask you to recognize Senator Breslin.

ACTING PRESIDENT GRIFFO:Senator Breslin.

SENATOR BRESLIN:Thank you, Senator Bonacic.

Thank you, Mr. President.

It's my honor to rise and move the nomination of Leslie Stein, a friend and a fellow lawyer, a legal practitioner for almost 35 years in our community, someone who started in college by reaching Phi Beta Kappa, going to Albany Law, graduating second in her class, became a clerk in Family Court immediately because she envisioned that her future was in public service. Shortly thereafter, moved on, ultimately became a City Court judge in the City of Albany.

Beyond that, she was a member of Whalen McNamee Titus & Williams, a very prestigious Albany law firm, where she practiced for in excess of 13 years at the highest levels, concentrating on matrimonial law.

Her 19 years in the judiciary, the last number of which have been in the Appellate Division, have just furthered exampled her ability to have an immense background in all areas of the law beyond the areas she concentrated in.

She has won approvals from every possible corner, including the New York State Bar, who rated her highly qualified, the Trial Lawyers, who rated her very high qualified.

I know her as someone who is bright, accessible, professional, and the kind of person we do want as a judge.

She is a credit to our profession, she is a credit to our Albany community, and I applaud the Governor for naming this candidate to the Court of Appeals.

Thank you very much, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Breslin.

Senator Farley.

SENATOR FARLEY:Thank you, Mr. President.

I rise to speak on two areas here. I'd like to also pay tribute to Judge Vicky Graffeo, who served with distinction and was a remarkable judge, and also somebody that I don't think we've heard the last of. I'd love to see her the first woman attorney general, if she chooses to run.

But anyway, there was an appointment made by the Governor of Leslie Stein, a magnificent lawyer and somebody that I know about through my son, who practiced law with her at a distinguished law firm, McNamee Titus & Williams here in Albany. And he told me, my son Bob told me that not only is she a brilliant and gifted lawyer but a very nice person -- an exceptionally nice person, ethical and somebody that is eminently qualified to serve on our highest court.

Leslie Stein is a graduate of Union College -- one of the finest universities in the nation -- right here in Schenectady, and a magna cum laude graduate of Albany -- as Senator Breslin said, second in her class -- and has been an outstanding community citizen.

You know, one of the qualities of any judge is that they have to be a good person. And this is somebody that not only comes from a remarkable background -- both her mother and father were lawyers, her mother a graduate of Columbia University, one of the first women practicing law, her late mom and dad. And I'm sure that they're very proud of Leslie and what she's accomplished and what she's going to accomplish.

I know that she's going to serve with distinction, and I applaud the Governor for the outstanding choice that he's made in Leslie Stein to our Court of Appeals.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Panepinto.

SENATOR PANEPINTO:Yes, I don't know Judge Stein, but I had the pleasure of talking with her last week on the phone. And she has impressive credentials.

And as a practicing trial lawyer myself, what's the most important thing for me is that we have judges on the bench who were practicing lawyers. She practiced for 15 years. She knows how to represent individuals. She represented them in family law disputes, which are the most contentious. And she has a level of sensitivity based upon that representation that will serve this state well at the Court of Appeals.

So I'm happy to support her appointment to the Court of Appeals.

ACTING PRESIDENT GRIFFO:Senator Latimer.

SENATOR LATIMER:Thank you, Mr. President.

I defer to Senator Breslin and Senator Farley in identifying her work in the Capital District, but we claim Leslie Stein in Westchester, where she was a high school graduate of Mamaroneck High School and her mom and dad, who Senator Farley mentioned, were friends of mine. And our only regret is that Sam and Barbara aren't here in this room today as we elevate Judge Stein to this position.

And I join my colleagues in support of her candidacy and congratulate the Governor on her nomination.

Thank you.

ACTING PRESIDENT GRIFFO:The question is on the nomination of Leslie E. Stein to the New York State Court of Appeals. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:Leslie E. Stein is hereby appointed to the New York State Court of Appeals.

Congratulations, and our best wishes, Judge Stein.

(Standing ovation.)

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Senator Bonacic, from the Committee on Judiciary, reports the following nomination:

Judge Eugene M. Fahey, to the New York State Court of Appeals.

ACTING PRESIDENT GRIFFO:Senator Bonacic.

SENATOR BONACIC:Thank you, Mr. President.

You know, this is a rare day because we in the chambers are going to get to confirm the nominations of two judges to the Court of Appeals.

As you all know, there are presently two vacancies. And when our business is done today, both these judges, Judge Stein and Judge Fahey, they start work tomorrow in the Court of Appeals.

But let me speak a little bit about Judge Fahey. Again, I met personally with this individual. He's been in the arena as a trial attorney. He has been a judge for 19 years working in various courts. He too has been in the Supreme Court for nine years, the Appellate Division for eight years.

And he's from the Buffalo area, and he's in Senator Kennedy's district.

Joining Judge Fahey today, if I may, he's with his bride Colleen Maroney Fahey, his beautiful daughter Ann, and he's got friends Michael Pastrick, who I understand was a law clerk, Mary Welch, and Leonard Skrill. And we welcome them all to the chambers.

And pursuant to the provisions of Section 2 of Article 6 of the Constitution and the provisions of Section 68 of the Judiciary Law, the Judiciary Committee has reported the nomination of Judge Eugene Fahey to the floor with unanimous approval. And I again applaud Governor Cuomo for giving us a nominee that is well-qualified.

Thank you, Mr. President. And now I ask you to recognize Senator Kennedy.

ACTING PRESIDENT GRIFFO:Senator Kennedy.

SENATOR KENNEDY:Thank you, Mr. President.

It is such an honor for me to be here today to second the nomination for approval on the floor of the Senate here of Judge Eugene Fahey.

Again, a welcome to the judge, his wife Colleen, his daughter Ann who joined him from Buffalo, New York.

He is a constituent of mine, but he represents so much that's great about the City of Buffalo and Western New York. An individual who raised himself up by the bootstraps, working his way through college, ultimately gaining several different degrees, running for elected office as a councilman for the City of Buffalo, ultimately becoming a City Court judge and then a Supreme Court judge, and now to the state's highest court. And it is an extraordinary accomplishment for what is truly an extraordinary man in our midst here.

He is a friend of mine personally. I have known him on a professional level for over a decade. But I knew Judge Fahey, then Councilman Fahey, by his reputation in our community for a long, long time throughout my childhood and young adulthood. His reputation precedes him.

He's a man of great vision. He's a man who will bring the utmost respect and integrity of not only the law, but of people, respect for people, helping other people. That is what this man is all about.

From humble beginnings to the highest levels of the legal community, Judge Fahey deserves this accomplishment and we will all be very well served with his nomination and approval to the Court of Appeals.

I also want to recognize, for the sake of full disclosure, that he is a fellow St. Joe's Marauder. And as a Class of 1994 St. Joe's -- and Class of 1969 St. Joe's, which Judge Fahey is -- I also want to recognize this is a bipartisan room with our newly minted Senator Rob Ortt a 1997 graduate of St. Joseph's Collegiate Institute, which is bringing us all here together today.

Judge, my greatest respects and congratulations.

And with that, Mr. President, I vote aye.

ACTING PRESIDENT GRIFFO:Senator Ranzenhofer.

SENATOR RANZENHOFER:Thank you, Mr. President.

I didn't go to St. Joe's, but I still have a couple of nice things to say about Judge Fahey.

(Laughter.)

SENATOR RANZENHOFER:I've also had the privilege of knowing the good judge for about 35 years, and a lot of my remembrance and experience with the judge goes back to the early part of your legal career when you were a member of the Common Council, when you were an associate for Dick Woll handling liability cases many, many decades ago, and then your election to the City Court bench.

My recollection also is Gene Fahey as a basketball player over at the YMCA during the lunch hour, and some of the skills that you learn in just getting out and mingling with the public and, you know, being involved in sports.

Now, some people may think that it's odd that this is the second Judge Gene from Western New York. We have Gene Pigott, who's on the Court of Appeals; now we have Gene Fahey. You don't have to be a Gene in order to be nominated for the Court of Appeals from Western New York, but that is a little trivia side note that I think will be remembered.

One of the things which I want to say on a more serious note in my experience in knowing you over the years is the respect that people have for your judicial temperament -- never too high, never too low, always quick with a smile, quick with a very friendly comment. And whoever appears in front of you always has the good sense that you are paying attention to what they are saying, that you are listening to them.

And without knowing what the outcome of their case is going to be at the end, they can say that they've had a fair shake, that you've given it your all, you've given it your attention, and you have made the very, very best decision that is to be made.

So I want to wish you the very best. This is certainly the pinnacle of a legal career, you know, which has really spanned the private practice, the legislative experience. And now to be nominated and to serve on the state's highest court is quite an accomplishment for any lawyer. And I wish you the very best over the next several years when you serve on the court.

So Godspeed and good luck.

ACTING PRESIDENT GRIFFO:Senator Gallivan.

SENATOR GALLIVAN:Thank you, Mr. President.

I too rise to support the nomination of Judge Eugene Fahey to the Court of Appeals.

Like my colleagues, I've had a long-standing relationship with the judge, an individual that I certainly call a friend and I also think is just an outstanding choice for this position.

You've heard some of the comments of my colleagues from Western New York about his reputation, about the respect that people in the community have for the judge. Clearly he's a distinguished, outstanding jurist. He's done many, many things. But more important to me, he's an outstanding member of the community who has done so many things for the community over the years.

I think it's interesting to note, a little bit unusual, that the judge, if I recall correctly, was appointed to the appellate level by Republican Governor Pataki, and now we have Democratic Governor Cuomo appointing him to the state's highest court, which I think clearly is a testament to your capabilities and also is a testament to the respect that people across the state have for the judge.

There was a story in the local paper when he was nominated by the Governor, and one of the things that stuck out to me, an attorney from Western New York commented that Judge Fahey has gotten better and better as he went along in every position. And I think that bodes well for the people of the State of New York. And we would hope, of course, that your best is yet to come.

I congratulate you, and I certainly wish you the best, and I am very proud to vote aye.

ACTING PRESIDENT GRIFFO:Senator Panepinto.

SENATOR PANEPINTO:Yes, I want to rise in support of Judge Fahey also.

As a trial lawyer, I've argued motions in front of the judge, I've argued at trials in front of the judge, and I've argued appellate work in front of him. Haven't always won.

And the judge is always prepared, he always treats lawyers well, and he asks great questions in appellate practice. And as a lawyer, you want judges on the bench who are going to be lawyer's judges. And that's the kind of judge Judge Fahey is.

I'll just tell a little personal story about Judge Fahey. Sixteen years ago, when I started doing political work, I met Judge Fahey. And I was carrying petitions, and I was working the courthouse carrying petitions. And I had five or six people trapped in an elevator, and I was asking them to sign those petitions.

And Judge Fahey -- I didn't know who he was at that time -- I asked him to sign a petition. And he looked at me and he said, "I'm not going to sign your petition," he goes, but he goes, "Stick with that political work, because it will get you somewhere someday, it served me well."

So, Judge, thank you for that good advice. It helped me get to this august body.

So he's a lawyer's judge, he's a smart judge. He predicted that, you know, good things would happen.

But I think more importantly, as a judge on the highest court in the state, he's a man of the people. He was raised in the 1st Ward in the City of Buffalo. And that doesn't mean a lot to most people in this room, but the 1st Ward is a working-class enclave. You're a steelworker, you're a grain shoveler or, you know -- and that's where the new immigrants come into.

So Judge Fahey took that working-class heritage and he worked through his way through SUNY at Buffalo Law School, SUNY Buffalo undergrad, and served in the city council for 16 years. And in that capacity, you know, he met people and he advocated for people. And I think if you're going to serve on the highest court in New York State, you need to have a sensitivity to working-class people.

So I am proud to support his nomination to the Court of Appeals because he is the kind of person who will make this body proud in that court.

So, Judge Fahey, good luck, and I'm proud to support your nomination to the Court of Appeals.

ACTING PRESIDENT GRIFFO:The question is on the nomination of Eugene M. Fahey to the New York State Court of Appeals. All in favor signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:Eugene M. Fahey is hereby appointed to the New York State Court of Appeals.

Congratulations and best wishes, Judge Fahey.

(Standing ovation.)

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:Mr. President, now that we have done the confirmation of the two very important judges, we will now call a meeting of the Rules Committee in Room 332.

And I would ask that the Senate stand at ease temporarily.

ACTING PRESIDENT GRIFFO:There will be an immediate meeting of the Rules Committee in Room 332 of the Capitol.

The Senate will stand temporarily at ease.

(Whereupon, the Senate stood at ease at 3:42 p.m.)

(Whereupon, the Senate reconvened at 3:56 p.m.)

ACTING PRESIDENT GRIFFO:The Senate will come to order.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

Could we go to reports of standing committees. I believe there's a report of the Rules Committee at the desk. I ask that it be read at this time.

ACTING PRESIDENT GRIFFO:We will return to reports of standing committees.

There is a report of the Rules Committee at the desk, and the Secretary will read.

THE SECRETARY:Senator Skelos, from the Committee on Rules, reports the following:

Senate Resolution Number 505, by Senator Skelos, amending Section 1 of Rule 8 of the Senate Rules;

Senate Print 712, by Senator Avella, an act to amend the Correction Law;

Senate 2722A, by Senator Griffo, an act to amend the Legislative Law;

Senate 3404, by Senator Croci, an act to amend the Penal Law;

Senate 3405, by Senator Croci, an act to amend the Executive Law;

Senate 3406, by Senator Croci, an act to amend the Penal Law; and

Senate 3407, by Senator Croci, an act to amend the Executive Law.

All bills reported direct to third reading.

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:Mr. President, at this time can we accept the report of the Rules Committee.

ACTING PRESIDENT GRIFFO:All in favor of accepting the Committee on Rules report signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The Committee on Rules report has been accepted.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

Mr. President, at this time could we take up Resolution Number 505, it's at the desk. If the title could be read at this time.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Senate Resolution Number 505, by Senator Skelos, amending Section 1 of Rule 8 of the Senate Rules, in relation to the Standing Committee on Agriculture.

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:Can we vote on the resolution, please.

ACTING PRESIDENT GRIFFO:All in favor of the resolution before the house signify by saying aye.

(Response of "Aye.")

ACTING PRESIDENT GRIFFO:Opposed?

(No response.)

ACTING PRESIDENT GRIFFO:The resolution is adopted.

Senator Libous.

SENATOR LIBOUS:Thank you, Mr. President.

At this time could we have the reading of the noncontroversial calendar, sir.

ACTING PRESIDENT GRIFFO:The Secretary will read.

THE SECRETARY:Calendar Number 26, by Senator Hannon, Senate Print 1693, an act to amend the Public Health Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 3. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 30, by Senator Ranzenhofer, Senate Print 1698A, an act to amend Chapter 154 of the Laws of 1921.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 3. This act shall take effect upon the enactment into law by the State of New Jersey of legislation having an identical effect with this act.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 32, by Senator Ortt, Senate Print 1806, an act to amend the Executive Law.

SENATOR GIANARIS:Lay it aside.

ACTING PRESIDENT GRIFFO:Lay the bill aside.

THE SECRETARY:Calendar Number 33, by Senator Gallivan, Senate Print 1807, an act to amend the Executive Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect on the same date as Chapter 474 of the Laws of 2014.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 34, by Senator Griffo, Senate Print 1808, an act to amend the Banking Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 4. This act shall take effect on the same date as Chapter 502 of the Laws of 2014.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 35, by Senator Valesky, Senate Print 1809, an act to amend the Agriculture and Markets Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 61.

ACTING PRESIDENT GRIFFO:The bill is passed.

THE SECRETARY:Calendar Number 36, by Senator Valesky, Senate Print 1810, an act to amend the Agriculture and Markets Law.

ACTING PRESIDENT GRIFFO:Read the last section.

THE SECRETARY:Section 2. This act shall take effect immediately.

ACTING PRESIDENT GRIFFO:Call the roll.

(The Secretary called the roll.)

THE SECRETARY:Ayes, 60. Nays, 1. Senator Espaillat recorded in the negative.

ACTING PRESIDENT GRIFFO:The bill is passed.

Senator Libous, that completes the noncontroversial reading of the active list.

SENATOR LIBOUS:Mr. President, if you can hang on for a second, I think Senator Gianaris wants to talk to me.

(Laughter.)

SENATOR LIBOUS:Mr. President.

ACTING PRESIDENT GRIFFO:Senator Libous.

SENATOR LIBOUS:Could we have the reading of the controversial calendar, please.

ACTING PRESIDENT GRIFFO:The Secretary will ring the bell.

The Secretary will read.

THE SECRETARY:Calendar Number 32, by Senator Ortt, Senate Print 1806, an act to amend the Executive Law.

ACTING PRESIDENT GRIFFO:Senator Gianaris.

SENATOR GIANARIS:Thank you, Mr. President. Would the sponsor yield for a quick question?

ACTING PRESIDENT GRIFFO:Senator Ortt, do you yield?

Senator Ortt yields.

Can I have some quiet in the house, please.

SENATOR GIANARIS:Thank you, Mr. President.

I just have a quick question on this bill. I notice that it seems to be changing Flag Day in New York State from June 14th to the second Sunday in June. And I was wondering whether or not that would conform or conflict with the federal establishment of Flag Day on June 14th.

ACTING PRESIDENT GRIFFO:Senator Ortt.

SENATOR ORTT:It actually does not change Flag Day, it actually makes the law, which was originally passed previously by Senator Ball, it changes it to make it consistent with state law as it currently is written.

SENATOR GIANARIS:Would the sponsor continue to yield?

ACTING PRESIDENT GRIFFO:Senator Ortt, do you yield?

SENATOR ORTT:I will.

ACTING PRESIDENT GRIFFO:Senator Gianaris.

SENATOR GIANARIS:So I'm just trying to understand, is it the sponsor's contention that Flag Day in New York State is not June 14th?

SENATOR ORTT:That's correct.

SENATOR GIANARIS:Would the sponsor continue to yield, Mr. President?

ACTING PRESIDENT GRIFFO:Senator Ortt, do you yield?

SENATOR ORTT:I do.

ACTING PRESIDENT GRIFFO:The Senator yields.

SENATOR GIANARIS:Just for complete clarification, so it's the sponsor's contention that Flag Day in the United States of America is different from Flag Day in New York State, is that --

SENATOR ORTT:That's correct.

SENATOR GIANARIS:Okay. I thank the sponsor for answering the questions.

On the bill, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Gianaris on the bill.

SENATOR GIANARIS:It seems strange to me -- and I'll have to go back and review former Senator Ball's legislation that was referenced -- that we would somehow have a different day to celebrate Flag Day in New York State than we have in the rest of the country, but that was my question. I guess the sponsor answered to the best of his knowledge.

Thank you, Mr. President.

ACTING PRESIDENT GRIFFO:Thank you, Senator Gianaris.

Senator Bonacic.

SENATOR BONACIC:Mr. President, I wasn't going to speak on this issue, but since my birthday is on Flag Day, do I get to celebrate my birthday two times? That's my question.

(Laughter.)

SENATOR BONACIC:I vote yes. Thank you, Mr. President.

SENATOR GIANARIS:Excuse me, Mr. President.

ACTING PRESIDENT GRIFFO:Senator Gianaris, why do you rise?

SENATOR GIANARIS:And I don't mean to belabor this, I'm just really trying to get it right. But can I ask the sponsor just to point where in New York State law that Flag Day is designated as the second Sunday as opposed to June 14th? Because I'm looking at something that says the opposite.

ACTING PRESIDENT GRIFFO:Sponsor, would you yield to that question?

SENATOR ORTT:I will, but I have to have it repeated. I couldn't hear.

ACTING PRESIDENT GRIFFO:Senator Gianaris, could you repeat the question, please?

SENATOR GIANARIS:My question is simply can you just cite for us where in New York State law that Flag Day is designated as the second Sunday in June as opposed to June 14th?

SENATOR ORTT:It is under the Military Law, New York State Military Law. I can get you the section, the specific section, if you would like.

SENATOR GIANARIS:Mr. President, I would ask if the Majority would indulge us to lay this bill aside for the day, because obviously there's some confusion.

I'm looking at the Executive Law, Section 403A, and General Construction Law, Section 24, that designates Flag Day as June 14th. And at a minimum, if we do want to change it, let's be consistent in all sections of law so there's no confusion going forward.

SENATOR LIBOUS:Mr. President, if I could ask Senator Gianaris.

So what are you asking for, sir?

SENATOR GIANARIS:Well, clearly there's inconsistencies, at a minimum. I don't have the Military Law that was cited in front of me, but I do have two other sections of state law that designate June 14th as the date of Flag Day in this state.

So if there's inconsistencies, shouldn't we just lay this bill aside, fix it, if that's the direction we want to go in, and then it bring it back?

SENATOR ORTT:I should just note that this was requested by the Executive, this actual change. Which is why it's being presented today. But that's fine, we can deconflict.

SENATOR LIBOUS:Mr. President, I believe the sponsor is willing to honor the request of Senator Gianaris. And we'll lay the bill aside for the day.

ACTING PRESIDENT GRIFFO:The bill is so ordered to be laid aside for the day.

Senator Libous, that would complete the reading of the controversial calendar.

SENATOR LIBOUS:Thank you, Mr. President.

I think we have a little bit of housekeeping here. Senator Skelos would like to hand up the following committee assignments. And if we could hand those to the desk at this time.

The desk has them, thank you.

ACTING PRESIDENT GRIFFO:The committee assignments have been received and they will be filed.

SENATOR LIBOUS:And again, those assignments were in consultations with Senator Stewart-Cousins and Senator Klein.

ACTING PRESIDENT GRIFFO:So ordered and acknowledged.

SENATOR LIBOUS:And Mr. President, at this time I believe the Minority has a hand-up.

ACTING PRESIDENT GRIFFO:That is also received, acknowledged and filed.

SENATOR LIBOUS:Mr. President, do you have any further business at the desk, sir?

ACTING PRESIDENT GRIFFO:There is no further business before the desk, Senator Libous.

SENATOR LIBOUS:Mr. President, I don't believe we've adjourned yet, have we?

ACTING PRESIDENT GRIFFO:No. May we have some order in the chamber, please.

SENATOR LIBOUS:Thank you, Mr. President.

There being no further business before the house, I move that the Senate adjourn until Tuesday, February 10th, at 11:00 a.m.

ACTING PRESIDENT GRIFFO:On motion, the Senate stands adjourned until Tuesday, February 10th, at 11:00 a.m.

Senate is adjourned.

(Whereupon, at 4:07 p.m., the Senate adjourned.)