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0630.Padavan Affidavit

0630.Padavan Affidavit

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Published by CapitolConfidential

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Published by: CapitolConfidential on Jul 01, 2009
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STATE OF NEW YORK)S. SS:COUNTY OF ALBANY)__________________________________________________
Senator Frank Padavan, being duly sworn deposes and says:1.
I am a Senator elected to represent the 11
Senate District.2.
I reside at 84-48 Radnor Street, Jamaica Estates, New York 11432.3.
I am an enrolled Republican and a member of the Bipartisan Reform Coalition.4.
The Governor called an Extraordinary Session for this morning at 10 a.m.5.
Our Coalition had appealed the order of Justice Joseph C. Teresi issued on June29, 2009.6.
Our understanding was that a stay of appeal applied to the Extraordinary Session.7.
After our counsels met with Justice Bernard J. Malone early this morning,however, we were advised that rather than risk being in violation of a Court orderwe should attend the Extraordinary Session.8.
In compliance with the Order of Justice Malone and Justice Teresi, all 31members of the Bipartisan Reform Coalition attended the Extraordinary Session.9.
That session was very brief and adjourned at or about 10:30 a.m.10.
After the adjournment, under the Senate Rules, the attendance at thatExtraordinary Session cannot be used to establish a quorum in a Regular Session.11.
Later this morning, I w
anted to obtain a cup of coffee from the Member’s Lounge,
which is located outside the West entrance to the Chamber.
The Republican Conference Room is to the East of the Chamber Entrance in theCapitol at Room 314.13.
I attempted to walk through the Lobby but was prevented by a throng of reporters.14.
I instead walked through the Senate Chamber. The Session which had beenillegally called by Senate Democratic Conference had not yet started.15.
I moved through the back of the chamber, to cross into the Member
s lounge.16.
At no time while I was in the Chamber was the House in session, nor was thereany business being conducted.17.
As a member in the Senate since 1973
, the procedure to “check 
in” has been to
walk up to the Desk and check in with the Journal Clerk.18.
Alternatively a member may get the attention of the Journal clerk by attractingattention of the Clerk in some manner from any place in the Chamber, such thatthe Journal Clerk acknowledges that the member would like to be counted as
In no way did I take any action to
“check in,” or to have myself designated as
present by getting the attention of the Journal Clerk, nor did I approach the SenateDesk and ask to be counted as present.20.
I was not present in the Chamber at the commencement of the unlawful Sessioncalled by the Senate Democratic Conference.21.
I was able to make my way through the Lobby on my return from the Member’s
Lounge to the Republican Conference Room, I therefore did not re-enter theChamber after the purported Session commenced.
It is absolutely fraudulent to claim that I was present in the Chamber during thepurported commencement of the unlawful session, during any quorum call, or anyproceeding of the Senate Democratic Conference.23.
It is absolutely fraudulent to claim that I had checked in with the Desk, orattempted to get the attention of the Desk, or otherwise sought to be designated aspresent.24.
It is further, absolutely fraudulent to claim that I had in any way participated inthe bogus session called by the Senate Democratic Conference.25.
Any “votes” recorded in the bogus session called by the Senate democratic
Conference and entered in to the Senate Journal constitutes the entry of falseinformation into the Journal.26.
As a member of the Senate since 1973, it is clear to me that protocol has not beenfollowed in the effort to illegally count me as a vote in the affirmative on thepurported active list promulgated by the Senate Democratic Conference.27.
Any notation in the Journal which contradicts my statements herein is false.28.
The Journal of the Senate is a document which is required by the Constitution tobe kept and must be kept accurately.29.
I oppose any allegation that the conduct taken today was lawful.30.
I have spoken with the Governor who has notified me of his intention t
o “actaccordingly” with respect to the bills unlawfully and fraudulently passed by the
Senate Democrats.31.
In conjunction with his statement to the press in which he stated unequivocally
“I’ve spoken to Senator Padavan, he says that he was walking in front
of the

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