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Date: 04/03/2008
Session: Regular

1122

1 NEW YORK STATE SENATE

4 THE STENOGRAPHIC RECORD

9 ALBANY, NEW YORK

10 April 3, 2008

11 1:01 p.m.

12

13

14 REGULAR SESSION

15

16

17

18 SENATOR JOSEPH A. GRIFFO, Acting President

19 STEVEN M. BOGGESS, Secretary

20

21

22

23
24

25

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1 P R O C E E D I N G S

2 ACTING PRESIDENT GRIFFO: The

3 Senate will come to order.

4 I ask all present to rise and join

5 in reciting the Pledge of Allegiance to the

6 Flag.

7 (Whereupon, the assemblage recited

8 the Pledge of Allegiance to the Flag.)

9 ACTING PRESIDENT GRIFFO: In the

10 absence of clergy, I ask everyone to bow their

11 heads in a moment of silence.

12 (Whereupon, the assemblage

13 respected a moment of silence.)

14 ACTING PRESIDENT GRIFFO: The

15 reading of the Journal.

16 THE SECRETARY: In Senate,

17 Wednesday, April 2, the Senate met pursuant to

18 adjournment. The Journal of Tuesday, April 1,

19 was read and approved. On motion, Senate

20 adjourned.

21 ACTING PRESIDENT GRIFFO: Without

22 objection, the Journal stands approved as

23 read.

24 Presentation of petitions.

25 Messages from the Assembly.


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1 Messages from the Governor.

2 Reports of standing committees.

3 Reports of select committees.

4 Communications and reports from

5 state officers.

6 Motions and resolutions.

7 Senator Skelos.

8 SENATOR SKELOS: Mr. President,

9 if there are no substitutions at the desk, I'd

10 like to go to the noncontroversial reading of

11 the calendar.

12 ACTING PRESIDENT GRIFFO: There

13 are no substitutions.

14 And the Secretary will read.

15 Senator Skelos.

16 SENATOR SKELOS: If we could

17 continue with the noncontroversial calendar.

18 ACTING PRESIDENT GRIFFO: The

19 Secretary will read.

20 THE SECRETARY: Calendar Number

21 30, by Senator Young, Senate Print 389 --

22 SENATOR SKELOS: Lay it aside

23 temporarily, please.

24 ACTING PRESIDENT GRIFFO: Lay it

25 aside temporarily.

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1 THE SECRETARY: Calendar Number


2 54, by Senator Maltese, Senate Print 3256, an

3 act to amend the Labor Law and the Penal Law,

4 in relation to certain employment.

5 ACTING PRESIDENT GRIFFO: Read

6 the last section.

7 THE SECRETARY: Section 4. This

8 act shall take effect on the first of

9 November.

10 ACTING PRESIDENT GRIFFO: Call

11 the roll.

12 (The Secretary called the roll.)

13 THE SECRETARY: Ayes, 39.

14 ACTING PRESIDENT GRIFFO: The

15 bill is passed.

16 THE SECRETARY: Calendar Number

17 151, by Senator Marcellino --

18 SENATOR SKELOS: Lay it aside

19 temporarily.

20 ACTING PRESIDENT GRIFFO: Lay it

21 aside temporarily.

22 THE SECRETARY: Calendar Number

23 184, by Senator Winner --

24 SENATOR SKELOS: Lay it aside

25 temporarily.

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1 ACTING PRESIDENT GRIFFO: Lay it

2 aside temporarily.

3 THE SECRETARY: Calendar Number

4 431, by Senator Young, Senate Print 6912, an


5 act to amend the Penal Law, in relation to

6 prohibiting.

7 ACTING PRESIDENT GRIFFO: Read

8 the last section.

9 THE SECRETARY: Section 2. This

10 act shall take effect on the first of

11 November.

12 ACTING PRESIDENT GRIFFO: Call

13 the roll.

14 (The Secretary called the roll.)

15 THE SECRETARY: Ayes, 39.

16 ACTING PRESIDENT GRIFFO: The

17 bill is passed.

18 THE SECRETARY: Calendar Number

19 534, by Senator Skelos --

20 SENATOR SKELOS: Lay it aside

21 temporarily.

22 ACTING PRESIDENT GRIFFO: Lay it

23 aside temporarily.

24 THE SECRETARY: Calendar Number

25 536, by Senator Flanagan, Senate Print 845, an

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1 act to amend the Penal Law, in relation to

2 definitions.

3 ACTING PRESIDENT GRIFFO: Read

4 the last section.

5 THE SECRETARY: Section 2. This

6 act shall take effect on the first of

7 November.
8 ACTING PRESIDENT GRIFFO: Call

9 the roll.

10 (The Secretary called the roll.)

11 THE SECRETARY: Ayes, 39.

12 ACTING PRESIDENT GRIFFO: The

13 bill is passed.

14 THE SECRETARY: Calendar Number

15 547, by Senator Padavan --

16 SENATOR SKELOS: Lay it aside

17 temporarily, please.

18 ACTING PRESIDENT GRIFFO: Lay it

19 aside temporarily.

20 THE SECRETARY: Calendar Number

21 557, by Senator Morahan, Senate Print 4006, an

22 act to amend the Mental Hygiene Law, in

23 relation to disclosure.

24 ACTING PRESIDENT GRIFFO: Read

25 the last section.

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1 THE SECRETARY: Section 2. This

2 act shall take effect immediately.

3 ACTING PRESIDENT GRIFFO: Call

4 the roll.

5 (The Secretary called the roll.)

6 THE SECRETARY: Ayes, 39.

7 ACTING PRESIDENT GRIFFO: The

8 bill is passed.

9 THE SECRETARY: Calendar Number

10 633, by Senator Volker, Senate Print 2373, an


11 act to amend the Penal Law, in relation to

12 assaults.

13 ACTING PRESIDENT GRIFFO: Read

14 the last section.

15 THE SECRETARY: Section 2. This

16 act shall take effect on the first of

17 November.

18 ACTING PRESIDENT GRIFFO: Call

19 the roll.

20 (The Secretary called the roll.)

21 THE SECRETARY: Ayes, 39.

22 ACTING PRESIDENT GRIFFO: The

23 bill is passed.

24 THE SECRETARY: Calendar Number

25 647, by Senator Bonacic, Senate Print 5299, an

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1 act to amend the Penal Law, in relation to

2 aggravated harassment.

3 ACTING PRESIDENT GRIFFO: Read

4 the last section.

5 THE SECRETARY: Section 2. This

6 act shall take effect on the first of

7 November.

8 ACTING PRESIDENT GRIFFO: Call

9 the roll.

10 (The Secretary called the roll.)

11 THE SECRETARY: Ayes, 40.

12 ACTING PRESIDENT GRIFFO: The

13 bill is passed.
14 THE SECRETARY: Calendar Number

15 650, by Senator Golden, Senate Print 5767, an

16 act to amend the Penal Law, in relation to

17 unlawful disclosure.

18 ACTING PRESIDENT GRIFFO: Read

19 the last section.

20 THE SECRETARY: Section 2. This

21 act shall take effect on the 90th day.

22 ACTING PRESIDENT GRIFFO: Call

23 the roll.

24 (The Secretary called the roll.)

25 THE SECRETARY: Ayes, 40.

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1 ACTING PRESIDENT GRIFFO: The

2 bill is passed.

3 THE SECRETARY: Calendar Number

4 659, by Senator Golden, Senate Print 7064, an

5 act to amend Chapter 779 of the Laws of 1986

6 amending the Social Services Law.

7 ACTING PRESIDENT GRIFFO: Read

8 the last section.

9 THE SECRETARY: Section 2. This

10 act shall take effect immediately.

11 ACTING PRESIDENT GRIFFO: Call

12 the roll.

13 (The Secretary called the roll.)

14 THE SECRETARY: Ayes, 40.

15 ACTING PRESIDENT GRIFFO: The

16 bill is passed.
17 THE SECRETARY: Calendar Number

18 666, by Senator DeFrancisco, Senate Print

19 6657, an act to amend the Navigation Law, in

20 relation to increasing.

21 ACTING PRESIDENT GRIFFO: Read

22 the last section.

23 THE SECRETARY: Section 4. This

24 act shall take effect on the first of

25 November.

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1 ACTING PRESIDENT GRIFFO: Call

2 the roll.

3 (The Secretary called the roll.)

4 ACTING PRESIDENT GRIFFO: Senator

5 DeFrancisco.

6 SENATOR DeFRANCISCO: Yes, I just

7 want to explain my vote. I'm sponsoring this

8 legislation, and I of course vote yes.

9 I just want to explain how this

10 legislation arose and my thoughts behind

11 sponsoring legislation which would increase

12 the penalties for leaving the scene of a

13 boating accident, and the most serious penalty

14 would be in the event that the accident ended

15 in serious injury or death. That offense

16 would be a D felony now.

17 This arose as a result of two

18 horrific accidents or incidents -- not really

19 accidents, they were reckless conduct on


20 behalf of the individuals. One was on

21 Skaneateles Lake, where a young man by the

22 name of John Kelly and a young woman by the

23 name of Heather Wilkins were struck by another

24 boater, and the boater and his friends left

25 the scene of the accident.

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1 By the time people learned of the

2 incident, found the boat, both of the

3 individuals were dead. Which possibly could

4 have been avoided had people gone and reported

5 the accident when it should have been

6 reported. That was on Skaneateles Lake.

7 Also, on Oneida Lake, also in

8 Onondaga County, an older gentleman was

9 minding his own business fishing, and a very

10 violent collision occurred. The other boat

11 was operated by another young person with

12 other young people in the boat with him. He

13 struck that vehicle in such a violent way

14 that -- and left the scene, just left.

15 And later, when the man was finally

16 found, he was found dead as well. There was a

17 very good chance that that individual could

18 have been saved in the event that someone had

19 at least told about the accident.

20 So this is a serious business. And

21 we've increased the penalties over the years

22 for incidents like this dealing with motor


23 vehicles. And this bill really catches up to

24 the same situation, which is just as serious

25 in boating accidents.

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1 I vote aye.

2 ACTING PRESIDENT GRIFFO: Senator

3 DeFrancisco to be recorded in the affirmative.

4 Announce the results.

5 THE SECRETARY: Ayes, 42. Nays,

6 0.

7 ACTING PRESIDENT GRIFFO: The

8 bill is passed.

9 Senator Skelos.

10 SENATOR SKELOS: If you could

11 take up Calendar Number 30 that was

12 temporarily laid aside.

13 ACTING PRESIDENT GRIFFO: The

14 Secretary will read.

15 THE SECRETARY: Calendar Number

16 30, by Senator Young, Senate Print 389, an act

17 to amend the Criminal Procedure Law, in

18 relation to permitting.

19 ACTING PRESIDENT GRIFFO: Read

20 the last section.

21 THE SECRETARY: Section 2. This

22 act shall take effect immediately.

23 ACTING PRESIDENT GRIFFO: Call

24 the roll.

25 (The Secretary called the roll.)


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1 ACTING PRESIDENT GRIFFO: Senator

2 Duane.

3 SENATOR DUANE: Thank you,

4 Mr. President.

5 While certainly I believe that the

6 goals of this legislation are certainly

7 laudable, I can't in good conscience vote for

8 it, because if tragedy should strike my

9 family, my domestic partner, I would not be

10 able to read an impact statement, and he would

11 not be able to read one if something happened

12 to me.

13 And, you know, it's 2008. And I

14 think that it's time to really face reality of

15 what our families look like in New York State.

16 And again, while I think the goals

17 of this legislation are laudable, I really

18 have to encourage my colleagues to vote in the

19 negative on it. Because I think it's time

20 that we went into the new millennium and

21 actually treated all the members of this body

22 with respect and, frankly, equally.

23 So I'm going to be voting in the

24 negative, and I would encourage my colleagues

25 also to strike a blow for equality and

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1 fairness and cast your votes in the negative.


2 Thank you, Mr. President.

3 ACTING PRESIDENT GRIFFO: Senator

4 Duane to be recorded in the negative.

5 Announce the results.

6 THE SECRETARY: Those recorded in

7 the negative on Calendar Number 30 are

8 Senators Adams, Duane, Gonzalez, Huntley,

9 L. Krueger, C. Kruger, Montgomery, Perkins,

10 Sabini, Schneiderman and Smith.

11 Ayes, 39. Nays, 11.

12 ACTING PRESIDENT GRIFFO: The

13 bill is passed.

14 The Secretary will read, in regular

15 order, the calendar.

16 THE SECRETARY: Calendar Number

17 151, by Senator Marcellino, Senate Print 616,

18 an act to amend the Penal Law, in relation to

19 including.

20 ACTING PRESIDENT GRIFFO: Read

21 the last section.

22 THE SECRETARY: Section 3. This

23 act shall take effect on the first of

24 November.

25 ACTING PRESIDENT GRIFFO: Call

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1 the roll.

2 (The Secretary called the roll.)

3 THE SECRETARY: Those recorded in

4 the negative on Calendar Number 151 are


5 Senators Montgomery and Perkins.

6 Ayes, 48. Nays, 2.

7 ACTING PRESIDENT GRIFFO: The

8 bill is passed.

9 THE SECRETARY: Calendar Number

10 184, by Senator Winner, Senate Print 1715, an

11 act to amend the General Obligations Law, in

12 relation to processing.

13 ACTING PRESIDENT GRIFFO: Read

14 the last section.

15 THE SECRETARY: Section 3. This

16 act shall take effect immediately.

17 ACTING PRESIDENT GRIFFO: Call

18 the roll.

19 (The Secretary called the roll.)

20 ACTING PRESIDENT GRIFFO:

21 Announce the results.

22 THE SECRETARY: Those recorded in

23 the negative on Calendar Number 184 are

24 Senators Adams, Diaz, Gonzalez,

25 Hassell-Thompson, Huntley, L. Krueger,

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1 Montgomery, Morahan, Onorato, Perkins, Sabini,

2 Savino and Stewart-Cousins.

3 Ayes, 40. Nays, 13.

4 ACTING PRESIDENT GRIFFO: The

5 bill is passed.

6 THE SECRETARY: Calendar Number

7 534, by Senator Skelos, Senate Print 435A, an


8 act to amend the Penal Law, in relation to

9 sentencing.

10 ACTING PRESIDENT GRIFFO: Read

11 the last section.

12 THE SECRETARY: Section 4. This

13 act shall take effect on the first of

14 November.

15 ACTING PRESIDENT GRIFFO: Call

16 the roll.

17 (The Secretary called the roll.)

18 ACTING PRESIDENT GRIFFO:

19 Announce the results.

20 THE SECRETARY: Those recorded in

21 the negative on Calendar Number 534 are

22 Senators Adams, Duane, Gonzalez,

23 Hassell-Thompson, L. Krueger, Montgomery,

24 Perkins and Schneiderman.

25 Ayes, 45. Nays, 8.

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1 ACTING PRESIDENT GRIFFO: The

2 bill is passed.

3 THE SECRETARY: Calendar Number

4 547, by Senator Padavan, Senate Print 2178, an

5 act to amend the Penal Law, in relation to

6 piercing and branding.

7 ACTING PRESIDENT GRIFFO: Read

8 the last section.

9 THE SECRETARY: Section 3. This

10 act shall take effect on the first of


11 November.

12 ACTING PRESIDENT GRIFFO: Call

13 the roll.

14 (The Secretary called the roll.)

15 ACTING PRESIDENT GRIFFO:

16 Announce the results.

17 THE SECRETARY: Those recorded in

18 the negative on Calendar Number 547 are

19 Senators Adams, Duane, Huntley, Montgomery,

20 Perkins and Schneiderman.

21 Ayes, 48. Nays, 6.

22 ACTING PRESIDENT GRIFFO: The

23 bill is passed.

24 May I ask for some order in the

25 house, please.

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1 Senator Skelos, that completes the

2 noncontroversial reading of the calendar.

3 Senator Onorato, why do you rise?

4 SENATOR ONORATO: Mr. President,

5 there will be a conference of the Democrats at

6 1:30 in Room 315.

7 ACTING PRESIDENT GRIFFO: There

8 will be a Minority conference at 1:30 in the

9 Minority Conference Room.

10 Senator Skelos.

11 SENATOR SKELOS: If we could just

12 wait a minute for the members of the Majority.

13 I'm not telling you right away.


14 (Laughter.)

15 ACTING PRESIDENT GRIFFO: Senator

16 Montgomery, why do you rise?

17 SENATOR MONTGOMERY: Yes,

18 Mr. President. I just would like the record

19 to show that had I been in the chamber when

20 Calendar 536 passed, I would have voted no.

21 Thank you.

22 ACTING PRESIDENT GRIFFO: The

23 record shall so reflect. Thank you, Senator

24 Montgomery.

25 Senator Connor, why do you rise?

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1 SENATOR CONNOR: Mr. President, I

2 was absent from the chamber --

3 ACTING PRESIDENT GRIFFO: Excuse

4 me, Senator.

5 May we have order in the house,

6 please.

7 SENATOR CONNOR: I would like the

8 record to reflect that had I been here, I

9 would have voted no on Calendar Number 30.

10 Thank you, Mr. President.

11 ACTING PRESIDENT GRIFFO: The

12 record shall so reflect, Senator Connor.

13 Senator Hassell-Thompson, why do

14 you rise?

15 SENATOR HASSELL-THOMPSON: Thank

16 you, Mr. President.


17 Please let the record reflect that

18 had I been in the chambers, I would have voted

19 no on Calendar Number 151, S616.

20 ACTING PRESIDENT GRIFFO: Thank

21 you, Senator Hassell-Thompson. The record

22 shall so reflect.

23 SENATOR HASSELL-THOMPSON: Thank

24 you.

25 ACTING PRESIDENT GRIFFO: Senator

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1 Skelos.

2 SENATOR SKELOS: Mr. President,

3 the Senate will stand at ease until 2:00 p.m.

4 ACTING PRESIDENT GRIFFO: The

5 Senate will stand at ease until 2:00 p.m.

6 The Minority conference is in

7 Room 315 at 1:30.

8 (Whereupon, the Senate stood at

9 ease at 1:25 p.m.)

10 (Whereupon, the Senate reconvened

11 at 2:19 p.m.)

12 ACTING PRESIDENT GRIFFO: The

13 Senate will come to order.

14 Senator Skelos.

15 SENATOR SKELOS: Mr. President,

16 there will be a meeting of the Finance

17 Committee at 2:25 in the Majority Conference

18 Room.

19 If we could stand at ease, please.


20 ACTING PRESIDENT GRIFFO: The

21 Senate will stand at ease.

22 (Whereupon, the Senate stood at

23 ease at 2:20 p.m.)

24 (Whereupon, the Senate reconvened

25 at 2:33 p.m.)

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1 ACTING PRESIDENT GRIFFO: The

2 Senate will come to order.

3 Senator Skelos.

4 SENATOR SKELOS: Mr. President,

5 if we could return to reports of standing

6 committees for the report of the Finance

7 Committee.

8 ACTING PRESIDENT GRIFFO: Reports

9 of standing committees.

10 The Secretary will read.

11 THE SECRETARY: Senator O.

12 Johnson, from the Committee on Finance,

13 reports the following bill direct to third

14 reading:

15 Senate Print 6806C, Senate Budget

16 Bill, an act to amend the Arts and Cultural

17 Affairs Law and others.

18 ACTING PRESIDENT GRIFFO: Without

19 objection, the bill is ordered direct to third

20 reading.

21 Senator Skelos.

22 SENATOR SKELOS: Mr. President,


23 if we could take up Calendar Number 713,

24 Senate Print 6806C.

25 ACTING PRESIDENT GRIFFO: The

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1 Secretary will read.

2 THE SECRETARY: Calendar Number

3 713, Senate Budget Bill, Senate Print 6806C,

4 an act to amend the Arts and Cultural Affairs

5 Law and others.

6 ACTING PRESIDENT GRIFFO: Senator

7 Skelos.

8 SENATOR SKELOS: Is there a

9 message of necessity at the desk?

10 ACTING PRESIDENT GRIFFO: There

11 is message at the desk.

12 SENATOR SKELOS: Move to accept.

13 ACTING PRESIDENT GRIFFO: All in

14 favor of accepting the message please signify

15 by saying aye.

16 (Response of "Aye.")

17 ACTING PRESIDENT GRIFFO:

18 Opposed, nay.

19 (No response.)

20 ACTING PRESIDENT GRIFFO: The

21 message is accepted.

22 Senator Skelos.

23 SENATOR SKELOS: If we could have

24 its third reading at this time.

25 ACTING PRESIDENT GRIFFO: The


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1 Secretary will read the last section.

2 THE SECRETARY: Section 3. This

3 act shall take effect immediately.

4 ACTING PRESIDENT GRIFFO: Call

5 the roll.

6 (The Secretary called the roll.)

7 ACTING PRESIDENT GRIFFO: Senator

8 Krueger.

9 SENATOR LIZ KRUEGER: To explain

10 my vote, Mr. President.

11 ACTING PRESIDENT GRIFFO: Senator

12 Liz Krueger, to explain her vote.

13 SENATOR LIZ KRUEGER: Thank you.

14 Well, yesterday we did the

15 appropriations bill for public protection and

16 general government, but it seemed to leave out

17 lots of the appropriations for general

18 government. But we were told we'd do those

19 later.

20 Today we have a language bill which

21 actually seems to reference appropriations we

22 didn't make in yesterday's appropriations

23 bill, but I'm told that we'll do that later,

24 maybe in another bill.

25 This is not the way you do a

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1 budget, gentlemen and ladies, as I said


2 yesterday. We're doing these through messages

3 of necessity, we're doing them without the

4 memos on our desks required by the budget

5 reform law we all passed last year. We're

6 doing these prior to determining the revenues

7 available to the State of New York.

8 So in fact, you're functioning

9 blind on whether or not we have a balanced

10 budget and our appropriations will match our

11 revenues. And you're flying blind on the fact

12 that we've got language bills that don't match

13 appropriation bills, but we'll get to them

14 later. It's as if we're doing a game of

15 checkers or hopscotch as opposed to an actual

16 budget.

17 So while, of course, there are some

18 good things in the language bill, as there

19 were good things in the appropriations bill --

20 and no one can always be happy. But I'd

21 really like to know what it is we're voting on

22 before we vote for or against them. And since

23 we really can't say, I will vote against this

24 bill as I voted against last night's

25 appropriations bill.

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1 Thank you, Mr. President.

2 ACTING PRESIDENT GRIFFO: Senator

3 Krueger to be recorded in the negative.

4 Announce the results.


5 THE SECRETARY: Those recorded in

6 the negative on Calendar Number 713 are

7 Senators Adams, Hassell-Thompson, L. Krueger,

8 Perkins and Schneiderman.

9 Ayes, 55. Nays, 5.

10 ACTING PRESIDENT GRIFFO: The

11 bill is passed.

12 Senator Skelos.

13 SENATOR SKELOS: Mr. President,

14 the Senate will stand at ease until 5:00 p.m.

15 ACTING PRESIDENT GRIFFO: The

16 Senate will stand at ease until 5:00 p.m.

17 (Whereupon, the Senate stood at

18 ease at 2:38 p.m.)

19 (Whereupon, the Senate reconvened

20 at 5:04 p.m.)

21 ACTING PRESIDENT GRIFFO: The

22 Senate will come to order.

23 Senator Skelos.

24 SENATOR SKELOS: President

25 Griffo, I just wanted to mention that there

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1 will be an immediate conference of the

2 Majority in the Majority Conference Room, and

3 the Senate will stand at ease until 8:00 p.m.

4 tonight.

5 ACTING PRESIDENT GRIFFO: There

6 will be an immediate meeting of the Senate

7 Majority in the Majority Conference Room, and


8 the Senate will stand at ease until 8:00 p.m.

9 this evening.

10 (Whereupon, the Senate stood at

11 ease at 5:05 p.m.)

12 (Whereupon, the Senate reconvened

13 at 8:15 p.m.)

14 SENATOR SKELOS: Mr. President.

15 ACTING PRESIDENT GRIFFO: The

16 Senate will come to order.

17 Senator Skelos.

18 SENATOR SKELOS: The Senate will

19 stand adjourned at the call of the Majority

20 Leader.

21 ACTING PRESIDENT GRIFFO: Senator

22 Skelos, the Senate stands adjourned at the

23 call of the Majority Leader.

24 SENATOR SKELOS: Thank you,

25 Mr. President.

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1 ACTING PRESIDENT GRIFFO: The

2 Senate stands adjourned.

3 (Whereupon, at 8:16 p.m., the

4 Senate adjourned.)

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