Jan 28,2008

Top of Form 1
Date: 01/28/2008
Session: Regular
176
1 NEW YORK STATE SENATE
4 THE STENOGRAPHIC RECORD
9 ALBANY, NEW YORK
10 January 28, 2008
11 3:08 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 LT. GOVERNOR DAVID A. PATERSON, President
19 STEVEN M. BOGGESS, Secretary
20
21
22
23
24
25
Candyco Transcription Service, Inc.

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1 P R O C E E D I N G S
2 THE PRESIDENT: The Senate will
3 come to order.
4 I would ask all assembled to please
5 rise and join me in reciting our Pledge of
6 Allegiance.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 THE PRESIDENT: In the absence of
10 clergy, we will observe a moment of silence.
11 (Whereupon, the assemblage
12 respected a moment of silence.)
13 THE PRESIDENT: The reading of
14 the Journal.
15 THE SECRETARY: In Senate,
16 Saturday, January 26, the Senate met pursuant
17 to adjournment. The Journal of Friday,
18 January 25, was read and approved. On motion,
19 Senate adjourned.
20 THE PRESIDENT: Without
21 objection, the Journal stands approved as
22 read.
23 Presentation of petitions.
24 Messages from the Assembly.
25 Messages from the Governor.

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1 Reports of standing committees.
2 The Secretary will read.
3 THE SECRETARY: Senator Maziarz,
4 from the Committee on Labor, reports the
5 following bill direct to third reading:
6 Senate Print 6798, by Senator
7 Maziarz, an act to amend the Workers'
8 Compensation Law and others.
9 THE PRESIDENT: Without
10 objection, the bill is reported directly to
11 third reading.
12 We will proceed with the order of
13 business.
14 Reports of select committees.
15 Communications and reports from
16 state officers.
17 Motions and resolutions.
18 Senator Griffo.
19 SENATOR GRIFFO: Mr. President,
20 on page 12 I offer the following amendments to
21 Calendar Number 45, Senate Bill 6418, and I
22 ask that the bill retain its place on Third
23 Reading Calendar.
24 THE PRESIDENT: The amendments
25 are received and adopted, and the bill will

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1 retain its place on the Third Reading
2 Calendar.
3 Senator Griffo.
4 SENATOR GRIFFO: Mr. President,
5 on behalf of Senator Maltese, on page 15 I
6 offer the following amendments to Calendar
7 Number 73, Senate Bill 6689, and ask that that
8 bill retain its place on Third Reading
9 Calendar.
10 THE PRESIDENT: The bill will
11 retain its place on the Third Reading
12 Calendar. The amendments are, without
13 objection, received.
14 Thank you, Senator Griffo.
15 Senator Skelos.
16 SENATOR SKELOS: Mr. President,
17 if we could take up Resolution 4099, by
18 Senator DeFrancisco, have it read in its
19 entirety, and move for its adoption.
20 THE PRESIDENT: Hike. We will
21 take up the motion.
22 The Secretary will read.
23 THE SECRETARY: By Senator
24 DeFrancisco, Legislative Resolution Number
25 4099, congratulating the Bishop Ludden Varsity

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1 Football Team and Coach John Cosgrove upon the
2 occasion of capturing the New York State Class
3 C Championship.
4 "WHEREAS, Excellence and success in
5 competitive sports can be achieved only
6 through strenuous practice, team play and team
7 spirit, nurtured by dedicated coaching and
8 strategic planning; and
9 "WHEREAS, Athletic competition
10 enhances the moral and physical development of
11 the young people of this state, preparing them
12 for the future by instilling in them the value
13 of teamwork, encouraging a standard of healthy
14 living, imparting a desire for success, and
15 developing a sense of fair play and
16 competition; and
17 "WHEREAS, It is the sense of this
18 Legislative Body to recognize and pay tribute
19 to those young people within the State of
20 New York who, achieving outstanding success in
21 athletic competition, have inspired and
22 brought pride to their school; and
23 "WHEREAS, This Legislative Body is
24 justly proud to congratulate the Bishop Ludden
25 Varsity Football Team and Head Coach John

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1 Cosgrove upon the occasion of capturing the
2 2007 Class C Championship; and
3 "WHEREAS, The Bishop Ludden Varsity
4 Football Team enjoyed a truly outstanding
5 season, compiling an overall record of 12-1,
6 ending the season on a 12-game winning streak

7 and finishing with the most victories in the
8 history of the school; and
9 "WHEREAS, The road to the state
10 title was not easy, but this team was able to
11 pull out many impressive victories throughout
12 the year to lead them toward the sectionals
13 and eventually the state playoffs; and
14 "WHEREAS, To earn the right to play
15 in state competition, Bishop Ludden first had
16 to prove that their season-long success would
17 carry them through sectional competition. On
18 November 3, 2007, Bishop Ludden took the
19 Section III title by defeating previously
20 undefeated Mt. Markham with a hard-fought
21 come-from-behind victory in a game in which
22 the Bishop Ludden Gaelic Knights overcame a
23 20-point deficit to win their first sectional
24 crown since 2000; and
25 "WHEREAS, Having secured a Title

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1 III title, it was on the state quarterfinals
2 where Bishop Ludden was matched against
3 another previously undefeated team, the
4 Unatego Spartans, from Section IV, and again
5 they needed to come from behind to earn a
6 30-21 victory at Binghamton's Alumni Stadium;
7 and
8 "WHEREAS, It was then on to the
9 state semifinal game at Paetec Park in

10 Rochester against yet another undefeated team
11 in Section V powerhouse LeRoy, in a game that
12 turned out to be an overtime thriller with the
13 Gaelic Knights securing a victory, 34-33, with
14 a blocked extra point at the end of overtime;
15 and
16 "WHEREAS, The Class C state
17 championship game was played at the Carrier
18 Dome on November 25, 2007, against defending
19 state champion and unbeaten Dobbs Ferry, a
20 team riding an amazing 23-game winning streak.
21 Bishop Ludden, for the first time in five
22 games, scored first with an 80-yard pass play
23 from senior quarterback Connor Sweeney to wide
24 receiver Wendell Williams on the first play
25 from scrimmage 11 seconds into the game. They

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1 never trailed in the game and hung on for a
2 21-16 win, claiming their first ever state
3 championship; and
4 "WHEREAS, No team, no matter how
5 gifted, can succeed without outstanding talent
6 throughout its entire roster. Such was the
7 case for the 2007 Bishop Ludden Varsity
8 Football Team, whose players include seniors
9 Daquan Grobsmith, Wendell Williams, Connor
10 Sweeney, James Braithwaite, Connor Brown, Ben
11 Searle, Casey Christo, Jerry Fenstor, Chris
12 Harding, Joe Rathbun, Patrick Rosanio, Eugene

13 Law, Bill McGrath, Julio Ortiz and Jiyhouh Ly;
14 juniors Steve Barrett and Nate Stewart; and
15 sophomores Omar Osbourne, John Rooney, Mark
16 DeAngelis, Devin White, E.J. Beauford, Joevon
17 Works, Chris Davis, Nick Ferrante, Conor
18 Cosgrove, Mike Hogan and Jake Szelewski; along
19 with coaches John Cosgrove, Mike Rogers, Bill
20 Cloonan, Frank Rosanio, Jim Rooney, Scott
21 Eustace, and Nate Balcom; and
22 "WHEREAS, While football is a team
23 sport, special recognition from the title game
24 should be noted. Connor Sweeney was named
25 Most Valuable Player, Nate Stewart was named

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1 Most Valuable Offensive Lineman, Daquan
2 Grobsmith was named Most Valuable Offensive
3 Back, and Patrick Rosanio was given the
4 Sportsmanship Award; and
5 "WHEREAS, In addition to the
6 excellent play, hard work and teamwork of its
7 players, and the talent and dedication of
8 Coach John Cosgrove and his staff, the Bishop
9 Ludden Gaelic Knights enjoyed another huge
10 advantage with a very supportive and
11 enthusiastic fan base of parents, cheerleaders
12 and area residents, particularly in the title
13 game, where they were adorned with t-shirts in
14 support of their team; now, therefore, be it
15 "RESOLVED, That this Legislative

16 Body pause in its deliberations to
17 congratulate the Bishop Ludden Varsity
18 Football Team on their successful season and
19 overall team record, and upon the capture of
20 the 2007 Class C Football Championship; and be
21 it further
22 "RESOLVED, That copies of this
23 resolution, suitably engrossed, be transmitted
24 to the members of the 2007 Bishop Ludden
25 Varsity Football Team and Coach John

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1 Cosgrove."
2 THE PRESIDENT: On the
3 resolution, Senator DeFrancisco.
4 SENATOR DeFRANCISCO: Thank you,
5 Mr. President.
6 I'm very, very proud to rise to
7 congratulate the Bishop Ludden football team
8 for their championship season this year.
9 You know, what wasn't really read
10 but I think is as important as winning the
11 championship are a couple of factors that show
12 the spirit and the strength of this team and
13 what team sport really means.
14 They lost their first game of the
15 year, and they came back winning the next
16 twelve, including the championship games. To
17 me, that says a lot about the character of a
18 team.
19 The sectional championship, they
20 were down by 20 points -- 20 points -- and
21 they ended up winning that game. Once again,
22 that shows a lot about character.
23 Their next game ended up with
24 playing an undefeated team. They came from
25 behind again and won 30 to 21. I mean, that's

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1 what character is all about.
2 And the final game, listen to this.
3 The Section V powerhouse LeRoy -- I don't know
4 if the senator from LeRoy is here, but I'll
5 make sure the Senator knows that his team
6 lost. It turned out to go into overtime, and
7 they won 34 to 33, by blocking an extra point.
8 Now, that shows a real class operation.
9 And team sports is what this is all
10 about. You're going to remember this forever.
11 It's a great, great experience. These are
12 going to be your closest friends forever.
13 And knowing that this is a team
14 sport, several people were recognized as being
15 the outstanding person in the category
16 mentioned when the resolution was read. I'm
17 going to take 20 seconds to read the rest of
18 the names, who are just as important: Wendell
19 Williams, James Braithwaite, Connor Brown, Ben
20 Searle, Casey Christo, Jerry Fenstor, Chris
21 Harding, Joe Rathbun, Eugene Law, Bill

22 McGrath, Julio Ortiz, Jiyhouh Ly, Steve
23 Barrett, Omar Osbourne, John Rooney, Mark
24 DeAngelis, Devin White, E.J. Beauford, Joevon
25 Works, Chris Davis, Nick Ferrante -- that name

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1 is familiar; I'd like to talk to you about
2 that -- Conor Cosgrove, Mike Hogan, Jake
3 Szelewski.
4 And the other coaches: Mike
5 Rogers, Bill Cloonan, Frank Rosanio, Jim
6 Rooney, Scott Eustace, and Nate Balcom.
7 A real team, a real group of people
8 that came together to do something that no one
9 has ever done at your school -- and who knows,
10 no one may ever do it again.
11 So congratulations. That's what
12 life is about, working with others, teamwork
13 for a common goal. And you're all going to be
14 great successes in your lives in many, many
15 different areas. So congratulations, and I'm
16 very happy we could invite you here to Albany
17 to be honored by this very important body, the
18 New York State Senate.
19 THE PRESIDENT: On the
20 resolution, Senator Valesky.
21 SENATOR VALESKY: Thank you,
22 Mr. President.
23 Thank you, Senator DeFrancisco, for
24 arranging for this resolution to be presented

25 today and certainly for arranging for the

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1 transportation of our young men, our champions
2 from Bishop Ludden, to be here today.
3 You certainly make the City of
4 Syracuse proud, the County of Onondaga proud,
5 all of Central New York proud, and I would say
6 the entire great State of New York proud of
7 your efforts. And we appreciate all that you
8 have done.
9 One thing I would just add.
10 Senator DeFrancisco points out that you lost
11 your first game and came back and won 12 in a
12 row. You were down by 20 points in the
13 sectional game. You continued to defy the
14 odds. And that gives us in this chamber who
15 will be rooting this Sunday for the New York
16 Giants great hope that the same thing can
17 happen.
18 So congratulations, and thank you.
19 THE PRESIDENT: The question is
20 on the resolution offered by Senator
21 DeFrancisco commending the efforts of the
22 Bishop Ludden Varsity Football Team of
23 Syracuse. All in favor signify by saying aye.
24 (Response of "Aye.")
25 THE PRESIDENT: Opposed, nay.

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1 (No response.)
2 THE PRESIDENT: The resolution
3 has carried.
4 To Coach John Cosgrove and all the
5 players and coaches of Bishop Ludden Varsity
6 School, first of all, pursuant to Senator
7 DeFrancisco's request, I will personally make
8 sure that Senator Maziarz understands that his
9 team lost to all of you.
10 And secondly, to further the
11 remarks of Senator Valesky, we hope that this
12 is a prelude to another victory of a New York
13 team this week.
14 But your victory, the first of its
15 kind, the first time that Bishop Ludden has
16 ever won the Class C Championship, now making
17 you the state champions, we are very proud of
18 you here in the Senate, hope that you'll come
19 back to visit again, and extend to all of you
20 our heartiest congratulations for a victory
21 well fought.
22 Thank you very much.
23 (Applause.)
24 THE PRESIDENT: Senator Skelos.
25 SENATOR SKELOS: Mr. President, I

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1 believe there are substitutions at the desk,
2 if we could make them at this time.

3 THE PRESIDENT: The Secretary
4 will read.
5 THE SECRETARY: On page 12,
6 Senator Lanza moves to discharge, from the
7 Committee on Codes, Assembly Bill Number 9340A
8 and substitute it for the identical Senate
9 Bill Number 6408A, Third Reading Calendar 43.
10 On page 13, Senator Maziarz moves
11 to discharge, from the Committee on Labor,
12 Assembly Bill Number 9473 and substitute it
13 for the identical Senate Bill Number 6500,
14 Third Reading Calendar 56.
15 And on page 15, Senator Farley
16 moves to discharge, from the Committee on
17 Banks, Assembly Bill Number 9551A and
18 substitute it for the identical Senate Bill
19 Number 6622A, Third Reading Calendar 79.
20 THE PRESIDENT: The substitution
21 is ordered.
22 Senator Skelos.
24 if we could go to the noncontroversial reading
25 of the calendar.

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1 THE PRESIDENT: Thank you,
2 Senator.
3 The Secretary will read the
4 noncontroversial calendar.
5 THE SECRETARY: Calendar Number

6 28, by Senator Padavan, Senate Print 68, an
7 act to amend the Penal Law, in relation to
8 establishing.
9 THE PRESIDENT: Read the last
10 section.
11 THE SECRETARY: Section 2. This
12 act shall take effect on the first of
13 November.
14 THE PRESIDENT: Call the roll.
15 (The Secretary called the roll.)
16 THE SECRETARY: Ayes, 58.
17 THE PRESIDENT: The bill is
18 passed.
20 29, by Senator Larkin, Senate Print 201, an
21 act to amend the Civil Practice Law and Rules,
22 in relation to authorizing.
24 section.

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1 act shall take effect immediately.
6 passed.
8 31, by Senator Trunzo, Senate Print 754, an

9 act to amend the Penal Law, in relation to the
10 unlawful sale of tobacco products to a child.
11 THE PRESIDENT: The Secretary
12 will read the last section.
19 passed.
21 33, by Senator Volker, Senate Print 1263B, an
22 act to amend the Penal Law, in relation to the
23 unlawful operation of a recording device.
25 section.

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3 November.
8 passed.
10 34, by Senator DeFrancisco, Senate Print 1824,
11 an act to amend the Criminal Procedure Law, in

12 relation to statements at sentencing.
14 section.
16 act shall take effect on the 90th day.
21 passed.
23 36, by Senator Volker, Senate Print 2369, an
24 act to amend the Criminal Procedure Law, in
25 relation to expanding.

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2 section.
9 passed.
11 39, by Senator Volker, Senate Print 4035, an
12 act to amend the Penal Law, in relation to
13 trespassing in a motor vehicle.

15 section.
18 November.
21 THE SECRETARY: Those recorded in
22 the negative on Calendar Number 39 are
23 Senators Duane, Gonzalez, Hassell-Thompson,
24 Montgomery, Parker and Perkins.
25 Ayes, 53. Nays, 6.

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2 passed.
4 43, substituted earlier today by Member of the
5 Assembly Aubry, Assembly Print Number 9340A,
6 an act to amend the Criminal Procedure Law.
8 section.
15 passed.
17 46, by Senator Maltese, Senate Print 6488B, an

18 act to amend the Public Health Law, in
19 relation to establishing a task force.
21 section.

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3 passed.
5 55, by Senator Leibell, Senate Print 6493, an
6 act to amend the Labor Law, in relation to
7 requiring.
9 section.
11 act shall take effect on the same date and in
12 the same manner as Chapter 629 of the Laws of
13 2007.
16 THE PRESIDENT: Results.
19 passed.

21 56 --
22 SENATOR SKELOS: Lay it aside for
23 the day, please.
24 THE PRESIDENT: The bill will be
25 laid aside for the day.

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2 65, by Senator Golden, Senate Print 6492, an
3 act to amend the Civil Service Law, in
4 relation to permitting.
6 section.
10 2007.
15 passed.
17 66, by Senator Padavan, Senate Print 6494, an
18 act to amend the Civil Service Law, in
19 relation to dispute resolution.
21 section.

25 2007.

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5 passed.
7 79, substituted earlier today by Member of the
8 Assembly Towns, Assembly Print Number 9551A,
9 an act to amend Chapter 591 of the Laws of
10 2001.
12 section.
19 passed.
20 This completes the noncontroversial
21 reading of the calendar, Senator Skelos. What
22 is your pleasure?
24 is there any further business at the desk?
25 THE PRESIDENT: There is none,

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1 sir.
2 SENATOR SKELOS: There being
3 none, I move we stand adjourned until Tuesday,
4 January 29th, at 11:00 a.m.
5 THE PRESIDENT: On motion, the
6 Senate stands adjourned until Tuesday,
7 January 29th, at 11:00 a.m.
8 (Whereupon, at 3:27 p.m., the
9 Senate adjourned.)
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Top of Form 1

1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 January 28, 2008

18 LT. GOVERNOR DAVID A. PATERSON, President

19 STEVEN M. BOGGESS, Secretary

Candyco Transcription Service, Inc.

2 THE PRESIDENT: The Senate will

4 I would ask all assembled to please

5 rise and join me in reciting our Pledge of

7 (Whereupon, the assemblage recited

8 the Pledge of Allegiance to the Flag.)

9 THE PRESIDENT: In the absence of

10 clergy, we will observe a moment of silence.

11 (Whereupon, the assemblage

12 respected a moment of silence.)

13 THE PRESIDENT: The reading of

15 THE SECRETARY: In Senate,

16 Saturday, January 26, the Senate met pursuant

17 to adjournment. The Journal of Friday,

18 January 25, was read and approved. On motion,

20 THE PRESIDENT: Without

21 objection, the Journal stands approved as

24 Messages from the Assembly.

25 Messages from the Governor.

1 Reports of standing committees.

2 The Secretary will read.

3 THE SECRETARY: Senator Maziarz,

4 from the Committee on Labor, reports the

5 following bill direct to third reading:

6 Senate Print 6798, by Senator

7 Maziarz, an act to amend the Workers'

8 Compensation Law and others.

9 THE PRESIDENT: Without

10 objection, the bill is reported directly to

12 We will proceed with the order of

14 Reports of select committees.

15 Communications and reports from

17 Motions and resolutions.

19 SENATOR GRIFFO: Mr. President,

20 on page 12 I offer the following amendments to

21 Calendar Number 45, Senate Bill 6418, and I

22 ask that the bill retain its place on Third

24 THE PRESIDENT: The amendments

25 are received and adopted, and the bill will

Candyco Transcription Service, Inc.

4 SENATOR GRIFFO: Mr. President,

5 on behalf of Senator Maltese, on page 15 I

6 offer the following amendments to Calendar

7 Number 73, Senate Bill 6689, and ask that that

8 bill retain its place on Third Reading

10 THE PRESIDENT: The bill will

11 retain its place on the Third Reading

12 Calendar. The amendments are, without

14 Thank you, Senator Griffo.

16 SENATOR SKELOS: Mr. President,

17 if we could take up Resolution 4099, by

18 Senator DeFrancisco, have it read in its

19 entirety, and move for its adoption.

20 THE PRESIDENT: Hike. We will

21 take up the motion.

22 The Secretary will read.