Regular Session - May 30, 2018
3024
1 NEW YORK STATE SENATE
2
3
4 THE STENOGRAPHIC RECORD
5
6
7
8
9 ALBANY, NEW YORK
10 May 30, 2018
11 4:30 p.m.
12
13
14 REGULAR SESSION
15
16
17
18 SENATOR JOSEPH GRIFFO, Acting President
19 FRANCIS W. PATIENCE, Secretary
20
21
22
23
24
25
3025
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 please rise
5 and join with me as we recite the Pledge of
6 Allegiance to our Flag.
7 (Whereupon, the assemblage recited
8 the Pledge of Allegiance to the Flag.)
9 ACTING PRESIDENT GRIFFO: Today's
10 invocation will be offered by Rabbi Steven
11 Graber, from Temple Hillel of North Woodmere.
12 RABBI GRABER: Lord our God, I
13 stand before You today in the presence of great
14 leadership, people who have been chosen from all
15 over our great state to represent and lead the
16 people by establishing laws and rules that will
17 bring us all to a better life.
18 Teach our leaders, O Lord, to use
19 the gifts that You have bestowed upon them, so
20 that they can formulate balanced answers to the
21 difficult times which we face.
22 May they work to the benefit of all
23 of us. Help them, O Lord, to foster stability
24 and growth in the workplace. Help them to make
25 our schools safer and scholastically stronger.
3026
1 Help them to act in kindness and love and
2 humility and compassion as they work together to
3 create a more balanced society where justice is
4 tempered with mercy, a society where goodness
5 and righteousness can advance and thrive.
6 Our state motto is Excelsior, which
7 means "Ever Upward." With Your help, O Lord,
8 may these fine men and women of the Senate
9 continue to lead us ever upward.
10 Lord our God, shine Your light upon
11 all who have assembled here today {in Hebrew}.
12 Grant blessing and success to all the worthy
13 deeds which they perform.
14 And let us say amen.
15 ACTING PRESIDENT GRIFFO: Thank
16 you, Rabbi.
17 Reading of the Journal.
18 THE SECRETARY: In Senate,
19 Tuesday, May 29th, the Senate met pursuant to
20 adjournment. The Journal of Saturday, May 26th,
21 was read and approved. On motion, Senate
22 adjourned.
23 ACTING PRESIDENT GRIFFO: Without
24 objection, the Journal will stand approved as
25 read.
3027
1 Presentation of petitions.
2 Messages from the Assembly.
3 The Secretary will read.
4 THE SECRETARY: On page 21,
5 Senator Amedore moves to discharge, from the
6 Committee on Local Government, Assembly Bill
7 Number 8806 and substitute it for the identical
8 Senate Bill 6958, Third Reading Calendar 280.
9 On page 27, Senator Serino moves to
10 discharge, from the Committee on Mental Health
11 and Developmental Disabilities, Assembly Bill
12 Number 9019A and substitute it for the identical
13 Senate Bill 7171A, Third Reading Calendar 403.
14 On page 35, Senator Gallivan moves
15 to discharge, from the Committee on Local
16 Government, Assembly Bill Number 9711 and
17 substitute it for the identical Senate Bill
18 7547, Third Reading Calendar 569.
19 On page 42, Senator Marchione moves
20 to discharge, from the Committee on Local
21 Government, Assembly Bill Number 10348 and
22 substitute it for the identical Senate Bill
23 7855, Third Reading Calendar 684.
24 On page 42, Senator Marchione moves
25 to discharge, from the Committee on Local
3028
1 Government, Assembly Bill Number 10349 and
2 substitute it for the identical Senate Bill
3 7856A, Third Reading Calendar 685.
4 On page 44, Senator Parker moves to
5 discharge, from the Committee on Energy and
6 Telecommunications, Assembly Bill Number 6255 and
7 substitute it for the identical Senate Bill 6160,
8 Third Reading Calendar 716.
9 On page 48, Senator Little moves to
10 discharge, from the Committee on Finance,
11 Assembly Bill Number 8723A and substitute it for
12 the identical Senate Bill 6895A, Third Reading
13 Calendar 797.
14 On page 49, Senator LaValle moves to
15 discharge, from the Committee on Higher
16 Education, Assembly Bill Number 10174 and
17 substitute it for the identical Senate Bill 8088,
18 Third Reading Calendar 807.
19 On page 57, Senator Helming moves to
20 discharge, from the Committee on Local
21 Government, Assembly Bill 10044A and substitute
22 it for the identical Senate Bill 7980A, Third
23 Reading Calendar 948.
24 On page 60, Senator Lanza moves to
25 discharge, from the Committee on Cities,
3029
1 Assembly Bill Number 10236 and substitute it for
2 the identical Senate Bill 8071, Third Reading
3 Calendar 980.
4 On page 65, Senator Breslin moves to
5 discharge, from the Committee on Environmental
6 Conservation, Assembly Bill Number 10342 and
7 substitute it for the identical Senate Bill 8162,
8 Third Reading Calendar 1036.
9 On page 67, Senator Little moves to
10 discharge, from the Committee on Commerce,
11 Economic Development and Small Business,
12 Assembly Bill Number 9851 and substitute it for
13 the identical Senate Bill 7943, Third Reading
14 Calendar 1082.
15 And on page 79, Senator DeFrancisco
16 moves to discharge, from the Committee on
17 Finance, Assembly Bill Number 8789 and substitute
18 it for the identical Senate Bill 6938,
19 Third Reading Calendar 1235.
20 ACTING PRESIDENT GRIFFO: The
21 substitutions are so ordered as read.
22 Messages from the Governor.
23 Reports of standing committees.
24 Reports of select committees.
25 Communications and reports of state
3030
1 officers.
2 Motions and resolutions.
3 Senator DeFrancisco.
4 SENATOR DeFRANCISCO: Yes,
5 Mr. President, I wish to call up Senator
6 Bonacic's bill, Print Number 6244, recalled from
7 the Assembly, which is now at the desk.
8 ACTING PRESIDENT GRIFFO: The
9 Secretary will read.
10 THE SECRETARY: Calendar Number
11 333, by Senator Bonacic, Senate Print 6244, an
12 act to amend the Rural Electric Cooperative Law.
13 SENATOR DeFRANCISCO: I now move to
14 reconsider the vote by which the bill was passed.
15 ACTING PRESIDENT GRIFFO: Call the
16 roll on reconsideration.
17 (The Secretary called the roll.)
18 THE SECRETARY: Ayes, 56.
19 SENATOR DeFRANCISCO: I now offer
20 the following amendments.
21 ACTING PRESIDENT GRIFFO: The
22 amendments are received.
23 SENATOR DeFRANCISCO: I'd now like
24 to call up Senator Griffo's bill, Print Number
25 7418A, recalled from the Assembly, which is now
3031
1 at the desk.
2 ACTING PRESIDENT GRIFFO: The
3 Secretary will read.
4 THE SECRETARY: Calendar Number
5 399, by Senator Griffo, Senate Print 7418A, an
6 act to amend the Real Property Tax Law.
7 SENATOR DeFRANCISCO: I now move to
8 reconsider the vote by which the bill was passed.
9 ACTING PRESIDENT GRIFFO: Call the
10 roll on reconsideration.
11 (The Secretary called the roll.)
12 THE SECRETARY: Ayes, 56.
13 SENATOR DeFRANCISCO: I now offer
14 the following amendments.
15 ACTING PRESIDENT GRIFFO: The
16 amendments are received.
17 SENATOR DeFRANCISCO: I now would
18 like to call up Senator Seward's bill, Print
19 Number 3960, recalled from the Assembly, which is
20 now at the desk.
21 ACTING PRESIDENT GRIFFO: The
22 Secretary will read.
23 THE SECRETARY: Calendar Number
24 442, by Senator Seward, Senate Print 3960, an act
25 to amend the Insurance Law.
3032
1 SENATOR DeFRANCISCO: I now move to
2 reconsider the vote by which the bill was passed.
3 ACTING PRESIDENT GRIFFO: Call the
4 roll on reconsideration.
5 (The Secretary called the roll.)
6 THE SECRETARY: Ayes, 56.
7 SENATOR DeFRANCISCO: I now offer
8 the following amendments.
9 ACTING PRESIDENT GRIFFO: The
10 amendments are received.
11 SENATOR DeFRANCISCO: I wish to now
12 call up Senator Tedisco's bill, Print Number
13 5369, recalled from the Assembly, which is now at
14 the desk.
15 ACTING PRESIDENT GRIFFO: The
16 Secretary will read.
17 THE SECRETARY: Calendar Number
18 606, by Senator Tedisco, Senate Print 5369, an
19 act to amend the Vehicle and Traffic Law.
20 SENATOR DeFRANCISCO: I now move to
21 reconsider the vote by which the bill was passed.
22 ACTING PRESIDENT GRIFFO: Call the
23 roll on reconsideration.
24 (The Secretary called the roll.)
25 THE SECRETARY: Ayes, 56.
3033
1 SENATOR DeFRANCISCO: I now offer
2 the following amendments.
3 ACTING PRESIDENT GRIFFO: The
4 amendments are received.
5 SENATOR DeFRANCISCO: I'd now like
6 to call up Senator Ranzenhofer's bill, Print
7 Number 3879A, recalled from the Assembly, which
8 is now at the desk.
9 ACTING PRESIDENT GRIFFO: The
10 Secretary will read.
11 THE SECRETARY: Calendar Number
12 1177, by Senator Ranzenhofer, Senate Print 3879A,
13 an act to amend the Executive Law.
14 SENATOR DeFRANCISCO: I now move to
15 reconsider the vote by which the bill was passed.
16 ACTING PRESIDENT GRIFFO: Call the
17 roll on reconsideration.
18 (The Secretary called the roll.)
19 THE SECRETARY: Ayes, 56.
20 SENATOR DeFRANCISCO: I now offer
21 the following amendments.
22 ACTING PRESIDENT GRIFFO: The
23 amendments are received.
24 SENATOR DeFRANCISCO: Next, please
25 call up Senate Print 6973, by Senator Flanagan,
3034
1 recalled from the Assembly, which is now at the
2 desk.
3 ACTING PRESIDENT GRIFFO: The
4 Secretary will read.
5 THE SECRETARY: Calendar Number
6 283, by Senator Flanagan, Senate Print 6973, an
7 act in relation to.
8 SENATOR DeFRANCISCO: I now move to
9 reconsider the vote by which the bill was passed.
10 ACTING PRESIDENT GRIFFO: Call the
11 roll on reconsideration.
12 (The Secretary called the roll.)
13 THE SECRETARY: Ayes, 56.
14 SENATOR DeFRANCISCO: I now offer
15 the following amendments.
16 ACTING PRESIDENT GRIFFO: The
17 amendments are received.
18 SENATOR DeFRANCISCO: On page 49, I
19 offer the following amendments to Calendar 799,
20 Senate Print 7174, by Senator Serino, and ask
21 that said bill retain its place on the Third
22 Reading Calendar.
23 ACTING PRESIDENT GRIFFO: The
24 amendments are received, and the bill will retain
25 its place on third reading.
3035
1 SENATOR DeFRANCISCO: I now offer
2 amendments to the following Third Reading
3 Calendar bills:
4 By Senator Hannon, page 18, Calendar
5 Number 199, Senate Print 5622;
6 By Senator Marcellino, page 47,
7 Calendar Number 785, Senate Print 2587C;
8 By Senator Funke, page 55, Calendar
9 Number 909, Senate Print 7910;
10 By Senator Young, page 73, Calendar
11 Number 1165, Senate Print 7771;
12 By Senator DeFrancisco, page 75,
13 Calendar 1200, Senate Print 8249;
14 By Senator Murphy, page 79, Calendar
15 1238, Senate Print 7604;
16 By Senator Ritchie, page 82,
17 Calendar 1265, Senate Print 6709.
18 And I now move that these bills
19 retain their place on the order of third reading.
20 ACTING PRESIDENT GRIFFO: All the
21 amendments, as read and presented, are accepted,
22 and the bills shall retain their place on third
23 reading.
24 SENATOR DeFRANCISCO: Please
25 recognize Senator Klein.
3036
1 ACTING PRESIDENT GRIFFO: Senator
2 Klein.
3 SENATOR KLEIN: Thank you,
4 Mr. President.
5 On behalf of Senator Stavisky, I
6 move to recommit Senate Print Number 5217,
7 Calendar Number 576 on the order of third
8 reading, to the Committee on Education, with
9 instructions to said committee to strike out the
10 enacting clause.
11 ACTING PRESIDENT GRIFFO: It is so
12 ordered.
13 SENATOR KLEIN: On behalf of
14 Senator Savino, on page 37 I offer the following
15 amendments to Calendar Number 602, Senate Bill
16 7690, and ask that said bill retain its place on
17 the Third Reading Calendar.
18 ACTING PRESIDENT GRIFFO: The
19 amendments are received, and the bill shall
20 retain its place on third reading.
21 SENATOR KLEIN: And finally, on
22 behalf of Senator Krueger, I move that the
23 following bill be discharged from its respective
24 committee and be recommitted with instructions to
25 strike the enacting clause: Senate Number 3397.
3037
1 ACTING PRESIDENT GRIFFO: It is so
2 ordered.
3 Senator DeFrancisco.
4 SENATOR DeFRANCISCO: Yes, one
5 moment.
6 We have the active calendar list.
7 I'd like to just call up two of those bills. The
8 first one is Calendar 403, by Senator Serino, and
9 the second --
10 ACTING PRESIDENT GRIFFO: The
11 Secretary -- go ahead.
12 THE SECRETARY: Calendar Number
13 403, substituted earlier by Member of the
14 Assembly Gunther, Assembly Print 9019A, an act to
15 amend the Public Health Law.
16 ACTING PRESIDENT GRIFFO: Read the
17 last section.
18 SENATOR DeFRANCISCO: Excuse me.
19 Before you do that, would you lay the entire
20 calendar aside for the day.
21 ACTING PRESIDENT GRIFFO: The bill
22 is withdrawn, and the calendar will be laid
23 aside, the active list will be laid aside at this
24 point.
25 SENATOR DeFRANCISCO: All right.
3038
1 Then can we please take up a resolution, and that
2 would be previously adopted Resolution 4166, by
3 Senator Kennedy, read the title only, and then
4 call on Senator Kennedy to speak.
5 ACTING PRESIDENT GRIFFO: We'll
6 return to motions and resolutions.
7 The Secretary will read.
8 THE SECRETARY: Legislative
9 Resolution Number 4166, by Senator Kennedy,
10 honoring Chief Thomas J. Moran posthumously upon
11 the occasion of his designation as recipient of a
12 Liberty Medal, the highest honor bestowed upon an
13 individual by the New York State Senate.
14 ACTING PRESIDENT GRIFFO: Senator
15 Kennedy.
16 SENATOR KENNEDY: Thank you,
17 Mr. President.
18 Today I rise to honor the life of a
19 great man, an extraordinary friend and a hero to
20 so many in our community, Chief Thomas J. Moran,
21 who passed away March 1st of this year.
22 I'd like to welcome Tom's wife Kelly
23 and their daughters, Ava and Lila, and Tom's
24 brother Terry, sister-in-law Kathy, and his
25 sister-in-law Diane with us as well.
3039
1 We also have a dear friend of Chief
2 Moran's, Lieutenant Brian Britzzalaro, from the
3 Buffalo Police Department, who's joined us. And
4 many of our men and women in blue are with us
5 today watching from back home in Buffalo. We
6 thank you for your service and are very grateful
7 for everything that you do on our behalf.
8 Chief Moran wasn't just one of the
9 best, he was the best. He was somebody that
10 always was looking out for the people who he
11 served -- a true public servant who wore that
12 badge with great pride and dignity and respect,
13 that same respect he demonstrated on the beat,
14 from an up-and-coming officer to the highest
15 levels of the brass.
16 And because of that great service to
17 the people of Buffalo and Western New York and
18 the great State of New York, we will present to
19 Tom's family today the New York State Liberty
20 Medal.
21 Tom was a lifelong South
22 Buffalonian, the youngest of the late James and
23 Helen's six children. He attended St. Ambrose
24 Elementary School -- with Kelly -- and went on to
25 graduate from Bishop Timon High School in 1986,
3040
1 Bishop Timon itself a staple in the South Buffalo
2 and Western New York community.
3 He earned a bachelor's degree from
4 SUNY Brockport, majoring in business and writing,
5 and worked as a counselor at Father Baker Homes
6 for several years.
7 Now, the Homes of Father Baker take
8 care of some of the most vulnerable individuals
9 in our community. Tommy wore his heart on his
10 sleeve, and at a young age, working at Father
11 Baker Homes, showed individuals with disabilities
12 the greatest dignity and respect that he then
13 showed the people of Buffalo on the streets when
14 he wore the badge.
15 Tom was a member of the Buffalo
16 Police Department for nearly 25 years. He joined
17 the police department in 1994 as a patrol
18 officer and spent most of his early career at
19 precincts on the city's East Side.
20 In 2006, as an officer in what was
21 then the Ferry-Fillmore District, he and another
22 officer, Ronald Clark, received the Edward H.
23 Butler Award for Heroism for stopping an armed
24 robbery in a store and arresting the holdup man.
25 Tom was also a member of the
3041
1 Underwater Recovery Team from 2004 until he was
2 promoted to lieutenant and named to the head of
3 District A shortly thereafter. District A
4 encompasses not only the South District, but the
5 neighborhood in which Tom grew up and lived and
6 was raising his own family.
7 He was a committed neighbor. He was
8 a committed police officer. He was a committed
9 leader. But the most important thing in Tom's
10 life was his beautiful family, who have joined us
11 here today.
12 As a member of the Knights of
13 Columbus and the Ancient Order of Hibernians, he
14 often marched with those organizations in the
15 St. Patrick's Day parade.
16 This year -- as a matter of fact,
17 this upcoming weekend -- Ava and Lila are going
18 to serve as the co-grand marshals of the South
19 Buffalo Parade of Circles on behalf of their
20 father, Chief Tommy Moran, in his passing. It is
21 an amazing, an amazing demonstration of the love
22 that our community has for Chief Moran.
23 And I will tell you a beautiful part
24 about the parade as well is it's going to go
25 right by their home. And we know there's going
3042
1 to be a great crowd there celebrating and
2 honoring Chief Moran and his memory and his love
3 for our community.
4 He was loved by all that knew him.
5 There was never a soul who would speak ill of
6 him, because of how he treated others. And every
7 single time you'd see Chief Moran, before he'd
8 open his mouth, you knew what he was thinking.
9 You know why? Because he had a smile on his
10 face, because he was happy to see you. Because
11 he loved people. He loved people. That's what
12 he was all about, helping other people.
13 It's my honor today to present
14 Chief Thomas Moran's family with the New York
15 State Liberty Medal. The New York State Liberty
16 Medal is the highest honor that can be bestowed
17 upon a resident of New York State from this great
18 and auspicious chamber, an honor awarded to
19 individuals who have merited special commendation
20 for exceptional, heroic, and humanitarian acts on
21 behalf of their fellow New Yorkers.
22 And I would submit to you that every
23 single day of Tommy Moran's life was done that
24 way -- was treated with great heroism, was
25 treated with great humanitarianism, and was
3043
1 treated in an exceptional way. I can think of no
2 one more deserving than Chief Tom Moran, for his
3 years of service and commitment to protecting and
4 improving the streets of Buffalo, Western
5 New York, and the State of New York.
6 To the men and women in blue, once
7 again we thank you for your service and your
8 commitment, for your sacrifice, for your family's
9 sacrifice.
10 To Chief Moran's family, once again
11 we thank you for your sacrifice for giving us
12 Tommy, for sharing him with all of us, not just
13 as our friend but as our leader. And not just in
14 South Buffalo and Buffalo, but all across the
15 great State of New York. It was truly an honor
16 and a privilege just to know him. We will all
17 miss him. We all love him. He was one of us.
18 I extend my sincerest condolences to
19 Tom's family, including his four brothers: James
20 and his wife Darlene; Kevin; Brian and his wife
21 Julie; and Terrance. His mother-in-law, Joanne
22 Buczkowski; brother-in-law, Mike; sister-in-law,
23 Kathy; as well as many nieces, nephews, cousins
24 and countless, countless friends.
25 My heart is with you, Kelly, Ava and
3044
1 Lila. We appreciate you, we are with you, and we
2 will be with you into the future, at your side.
3 Your loss is our loss as well. We feel for you.
4 We miss Tom with you. Please know that he will
5 always be remembered by the people of Buffalo and
6 the great State of New York.
7 Thank you. May Chief Tom Moran --
8 the best -- rest in peace.
9 Thank you, Mr. President.
10 ACTING PRESIDENT GRIFFO: Senator
11 Gallivan.
12 SENATOR GALLIVAN: Thank you,
13 Mr. President.
14 I rise to thank Senator Kennedy for
15 bringing this resolution forward and for giving
16 such an apt and well-rounded description of
17 Tom Moran.
18 And I also rise to welcome you,
19 Kelly and Ava and Lila, and your family and
20 Lieutenant Britzzalaro here to the Senate
21 chamber.
22 Senator Kennedy did a wonderful job
23 of describing Tom -- truly a great guy, a good
24 guy, as he so often called everybody else, the
25 first to stand up and help anybody. Which is
3045
1 something, given my background in law
2 enforcement, my family's background in
3 law enforcement, we'd expect out of any police
4 officer. But beyond that, he did it as a person,
5 as a human being.
6 And without repeating all the things
7 that Senator Kennedy said, I'm thrilled that
8 you're here so that we can recognize you and the
9 type of individual that Tom was.
10 And I'd like to go back to the news
11 accounts, for the sake of everybody else, and
12 just mention a couple of things that were in the
13 news accounts that I think are so incredibly
14 important. Of course today we are recognizing
15 Tom for his exemplary contributions and service
16 on behalf of others, but all-around good guy,
17 first person to help, a hero, a loving husband
18 and the best daddy. Somebody we should all
19 aspire to be.
20 Thank you, Mr. President.
21 ACTING PRESIDENT GRIFFO: Thank
22 you, Senator Gallivan.
23 The resolution has been previously
24 adopted. It is open for cosponsorship. Should
25 you choose to be a cosponsor, please notify the
3046
1 desk.
2 At this time we would like to
3 express our gratitude for the lifetime of service
4 by Chief Tom Moran and for his family sharing him
5 with all of the Greater Buffalo community. And
6 for all those in New York State, particularly in
7 this house, in the Senate, we express our sincere
8 sympathy and condolences on your loss.
9 God bless you all, and let's
10 acknowledge the Moran family.
11 (Standing ovation.)
12 ACTING PRESIDENT GRIFFO: Senator
13 DeFrancisco.
14 SENATOR DeFRANCISCO: Yes, can we
15 now take up previously adopted Resolution 4860,
16 by Senator Serino, title only, and call on
17 Senator Serino to speak, please.
18 ACTING PRESIDENT GRIFFO: The
19 Secretary will read.
20 THE SECRETARY: Legislative
21 Resolution Number 4860, by Senator Serino,
22 commending Brian Geary upon the occasion of his
23 designation as recipient of a Liberty Medal, the
24 highest honor bestowed upon an individual by the
25 New York State Senate.
3047
1 ACTING PRESIDENT GRIFFO: Senator
2 Serino.
3 SENATOR SERINO: Thank you,
4 Mr. President.
5 Today we're joined in the chamber
6 with Brian Geary, his parents, Sue and Phil, and
7 his brother and sister and his girlfriend.
8 The New York State Liberty Medal is
9 our state's highest honor. Since taking office,
10 I have only given out a select few. But when I
11 first heard Brian Geary's story, I thought to
12 myself: Now, that's a hero.
13 We've all heard of the bystander
14 effect, where something terrible is happening and
15 people freeze, bystanders freeze. Maybe they go
16 so far as to call 911, but most often that's
17 where the action ends. In the early morning
18 hours of a weekday morning back in April,
19 Brian Geary of East Fishkill was on his way to
20 work -- and actually, it was a different time,
21 one night that he actually was at -- I think it
22 was a four-hour difference. He was on his way to
23 a work training program when he saw an overturned
24 vehicle in flames already.
25 Instead of carrying on, he turned
3048
1 right around and made it to the vehicle just
2 before it was fully engulfed. Noticing that a
3 woman was lodged within the vehicle, instead of
4 focusing on the clear risks and dangers, Brian
5 ran to his vehicle, got his baseball bat, and
6 bashed in the window to get her out.
7 He pulled off at the scene and was
8 able to pull the woman out just in time before
9 the entire vehicle became engulfed in flames. He
10 waited with her until the ambulance arrived to
11 bring her to Westchester Medical, where she
12 ultimately made a full recovery.
13 Not only have I been struck by
14 Brian's actions, but by his humility in the
15 aftermath. While he might not consider himself a
16 hero, his display of the decisive action and
17 courage tells us otherwise.
18 Brian, you truly are a hero, and it
19 is my distinct honor to have the opportunity to
20 join with Senator Murphy in presenting you with
21 our state's highest honor, the Liberty Medal.
22 On behalf of our community, I thank
23 you. We are fortunate to count you as a
24 neighbor, and we hope that your story can inspire
25 and motivate us all to make a difference in our
3049
1 community.
2 Thank you. Please rise -- oh, I'm
3 sorry. Please call on Senator Murphy.
4 ACTING PRESIDENT GRIFFO: Senator
5 Murphy.
6 SENATOR MURPHY: Thank you,
7 Mr. President.
8 It's not too often that we get one
9 of these Liberty Medal recipients here in the
10 Senate chamber, and today we actually have two.
11 How great is that?
12 But we have a gentleman here,
13 Brian Geary, who's accompanied by his mother Sue
14 and father Phil, and his brother and sister.
15 And how the good Lord intervenes.
16 Brian was off to work four hours earlier than
17 usual when he passed by a car crash that was a
18 car engulfed in flames.
19 He had turned around, went back up
20 the ramp and circled back around, jumped on top
21 of the car, looked to see if anybody was in
22 there, saw a lady who was leaning against the
23 passenger side, ran back to his car, got his
24 baseball bat and smashed the window to take out
25 the unconscious lady -- who I happen to know,
3050
1 who's a lovely lady who does so much work for our
2 community and volunteering.
3 Brian's heroic actions deserve the
4 Liberty Medal. We usually talk about these from
5 our first responders, not by bystanders. Well,
6 Brian was no bystander that day, and we
7 congratulate him today and his wonderful parents.
8 Thank you for being here, and
9 congratulations.
10 ACTING PRESIDENT GRIFFO: As noted,
11 the resolution has been previously adopted.
12 The resolution is open for
13 cosponsorship. Should you choose to be a
14 cosponsor, please notify the desk.
15 At this time we'd like to thank
16 Brian Geary for his unselfish heroism and want to
17 welcome Brian and his family to the Senate
18 chamber.
19 God bless you. Please rise and be
20 recognized.
21 (Standing ovation.)
22 ACTING PRESIDENT GRIFFO: Senator
23 DeFrancisco.
24 SENATOR DeFRANCISCO: Can we now
25 take up a privileged resolution by Senator
3051
1 Flanagan, Senator Stewart-Cousins and others,
2 read it in its entirety, and call on Senators
3 Flanagan, Stewart-Cousins and those who want to
4 speak by a hand raised for us after the
5 resolution is read.
6 Thank you.
7 ACTING PRESIDENT GRIFFO: The
8 Secretary will read.
9 THE SECRETARY: Legislative
10 resolution by Senators Flanagan, Stewart-Cousins,
11 Benjamin and Alcantara, celebrating the life and
12 distinguished career of former Assemblyman Herman
13 D. Farrell, Jr., a well-respected public servant
14 and a credit to the institution of government.
15 "WHEREAS, It is the sense of this
16 Legislative Body to recognize and commend those
17 individuals of distinguished purpose whose lives
18 have been committed to public service in the
19 pursuit of excellence in the conduct of the
20 legislative process in this great Empire State;
21 and
22 "WHEREAS, Herman D. Farrell, Jr., of
23 Manhattan, New York, a 22-term New York State
24 Assemblyman, died on Saturday, May 26, 2018, at
25 the age of 86; and
3052
1 "WHEREAS, Herman D. Farrell, Jr.,
2 known by all as Denny, was born in Manhattan on
3 February 4, 1932, to Herman Farrell, Sr. and
4 Amy Gladys Paterson; the couple owned Farel
5 Frocks, a manufacturer where the father and son
6 duo designed cocktail dresses; and
7 "WHEREAS, After graduating from
8 George Washington High School in upper
9 Manhattan, Herman D. Farrell, Jr., went on to
10 take classes at New York University; and
11 "WHEREAS, Prior to holding elected
12 office, Herman D. Farrell, Jr., worked in the
13 Washington Heights office of Mayor John V.
14 Lindsay before serving as the confidential aide
15 to a State Supreme Court justice; and
16 "WHEREAS, Herman D. Farrell, Jr.,
17 won his first election in 1970, becoming a
18 Democratic State Committeeman for two years;
19 three years later, he was elected as a Democratic
20 District Leader; and
21 "WHEREAS, Herman D. Farrell, Jr. was
22 first elected to the New York State Assembly in
23 1974, to represent the 71st Assembly District,
24 which encompassed West Harlem, Washington Heights
25 and Inwood; in 1979, he became the chair of the
3053
1 Assembly Banks Committee; and
2 "WHEREAS, Herman D. Farrell, Jr.,
3 championed many critical and landmark pieces of
4 legislation during his time in the Assembly, with
5 one of his first victories being the passage of
6 the Neighborhood Preservation Companies Act,
7 which allowed the state to fund community groups
8 dedicated to fighting housing abandonment and
9 providing tenant advocacy; and
10 "WHEREAS, Herman D. Farrell, Jr.,
11 also proudly sponsored the Omnibus Consumer
12 Protection and Banking Legislation Act, which
13 included landmark protections for consumers in
14 the auto leasing industry, established a
15 toll-free line to the New York Banking Department
16 that provided consumers with free information on
17 credit card interest rates, fees, and grace
18 periods, and required banks to provide low-cost
19 lifeline checking accounts while barring
20 discrimination based on residency when opening a
21 bank account; and
22 "WHEREAS, Herman D. Farrell, Jr.,
23 sponsored legislation that effectuated changes to
24 state banking laws that would become models for
25 federal legislation, including check-clearing
3054
1 legislation which requires banks to clear checks
2 in a shorter time frame and notify depositors on
3 how long it takes to cash checks, and legislation
4 to require banks to disclose interest rates and
5 other important information in clear,
6 easy-to-read, concise chart form in all mail
7 solicitations; and
8 "WHEREAS, Herman D. Farrell, Jr.,
9 was also responsible for laws combating redlining
10 by requiring stricter enforcement provisions of
11 the Community Reinvestment Act and legislation
12 that monitored bank branch closings; and
13 "WHEREAS, In 1994, Herman D.
14 Farrell, Jr., was named the chair of the Ways
15 and Means Committee, a position he would hold
16 until his retirement in 2017; he also held a
17 number of other positions in the Assembly,
18 including member of the Black and Puerto Rican
19 Legislative Caucus, the New York State Assembly
20 Puerto Rican/Hispanic Task Force, and the
21 American Irish Legislators Society of New York;
22 and
23 "WHEREAS, Herman D. Farrell, Jr.,
24 also held numerous positions in the Democratic
25 Party in New York and nationally; in 1981, he was
3055
1 elected the county leader of the New York County
2 Democratic Committee, a post he held until 2009;
3 in 1983, he was elected as the vice chair of the
4 New York State Democratic Party, a position he
5 held until 2002, when he was made the chair of
6 the State Democratic Party, a position he held
7 until 2006; and in 1988, he was elected to the
8 Democratic National Committee and was a member of
9 the Electoral College multiple times; and
10 "WHEREAS, During his long and
11 distinguished career with the New York State
12 Assembly and the Democratic Party, Herman D.
13 Farrell, Jr., advocated for many important causes
14 and the adequate funding of important social
15 programs; and
16 "WHEREAS, Upon the occasion of his
17 retirement in 2017, the New York State
18 Legislature saw fit to honor Herman D. Farrell,
19 Jr. by renaming Riverbank State Park along the
20 west side of Manhattan as the Denny Farrell
21 Riverbank State Park, for his vital work in
22 securing funding for the construction of the
23 park; and
24 "WHEREAS, Herman D. Farrell, Jr., is
25 survived by his partner, Barbara Klar, and three
3056
1 children, Herman III, Monique Farrell-Guidry, and
2 Sophia Ilene Farrell, as well as two
3 grandchildren, Simone Adele Guidry and Madeleine
4 Jones-Farrell; and
5 "WHEREAS, Every citizen in New York
6 State has most certainly benefited, in one way or
7 another, from the deep dedication, intelligence
8 and commitment that Assemblyman Herman D.
9 Farrell, Jr., brought to his work as a
10 legislator, loyal friend, and trusted advisor; he
11 will be deeply missed and truly merits the
12 grateful tribute of this Legislative Body; now,
13 therefore, be it
14 "RESOLVED, That this Legislative
15 Body pause in its deliberations to celebrate the
16 life and distinguished career of former
17 Assemblyman Herman D. Farrell, Jr., and to offer
18 its sincere condolences to his family; and be it
19 further
20 "RESOLVED, That a copy of this
21 resolution, suitably engrossed, be transmitted to
22 the family of Herman D. Farrell, Jr."
23 ACTING PRESIDENT GRIFFO: Senator
24 Flanagan.
25 SENATOR FLANAGAN: Thank you,
3057
1 Mr. President.
2 You know, as I listened to the
3 reading and the description of the resolution of
4 Assemblyman Farrell, it's great. It's great,
5 it's got significant detail, but frankly it just
6 doesn't do justice to the person that I knew for
7 a very long period of time.
8 And we can talk about his
9 legislative accomplishments, amongs t other
10 things, but I think back -- when I first got
11 elected, Assemblyman Farrell had served with my
12 father in the State Assembly, and even as a young
13 man, he was very gracious to me.
14 And I know I had a leg up because I
15 had succeeded my father, but Denny was cut from a
16 different cloth -- pun intended, because he was
17 very natty, always perfectly dressed. Being long
18 and lean, you know, he was one of the guys who
19 could always button his jacket, which a lot of
20 people can't always do.
21 But I remember certain things about
22 him -- Senator LaValle and I were just kibitzing
23 a little bit -- the convertible. How many times
24 did everybody see that convertible in the parking
25 lot? All right, Denny's here. Right?
3058
1 He just was a gentleman of the
2 highest order. My mother loved him, loved him.
3 She always would ask me "How is Assemblyman
4 Farrell?"
5 He was timeless, he was ageless.
6 Right? I mean, he was 86 when he passed away,
7 but for many, many, many years the only
8 difference between the old pictures and the new
9 pictures was the ponytail.
10 (Laughter.)
11 SENATOR FLANAGAN: Right? I
12 remember looking at those pictures and thinking,
13 Oh, my gosh, could you imagine what he must have
14 been like in his twenties, in his thirties, even
15 in his forties, fifties and sixties?
16 I remember all his trips to Jamaica,
17 how he comported himself.
18 And the last four years that I
19 served in the Assembly, I was the ranking
20 Republican on the Ways and Means Committee and
21 sat through many, many hearings with Chairman
22 Farrell. I also had many, many debates with
23 Assemblyman Farrell, and had many committee
24 meetings as well.
25 Always professional, always
3059
1 courteous. And I felt special as a colleague and
2 as -- I was his friend. And I consider myself
3 very lucky to be able to say that even now.
4 Now, Assemblyman Farrell was smooth
5 as silk, he really was. And he always remembered
6 one thing over everything else. He would say to
7 me: "Just remember, no matter how well you
8 speak, no matter how hard you argue, no matter
9 how good you may think you are, I have the
10 votes."
11 (Laughter.)
12 SENATOR FLANAGAN: He also told me
13 one other very important thing, which will be
14 real to a lot of people in this room. I remember
15 debating him on what was then the Assembly's
16 one-house budget resolution, and he openly said
17 on the floor in the Assembly, "Just remember,
18 this is Albany. Two and two does not have to
19 equal four."
20 So I remember those kinds of things.
21 But, you know, at the hearings -- Senator Young,
22 Senator Krueger, Senator DeFrancisco could attest
23 to this -- it could get a little tedious. Right?
24 So he would make his little phone calls, he would
25 have his lunch. But one of the things I remember
3060
1 was he must have, during these fiscal hearings,
2 eaten about 75,000 Tic-Tacs. That was one of the
3 ways that he kept himself vibrant throughout that
4 process.
5 But, you know, we've lost a really
6 stellar leader here in the State of New York.
7 And when the Governor had called me about the
8 legislation that involved renaming Riverbank
9 State Park after Assemblyman Farrell, it was like
10 a no-brainer, so easy. Just show me the buck
11 slip. Let me sponsor, let me be part of that
12 legislation.
13 So for anyone who may be listening,
14 including our guests in the gallery, you can hear
15 all about things in a resolution. Denny Farrell
16 was a good human being. He was a
17 died-in-the-wool Democrat, I don't want to ever
18 overlook that, and he was very political when he
19 needed to be. But he knew how to treat people
20 correctly, with fairness and dignity and respect,
21 and for that he will always have my admiration
22 even in his passing.
23 Mr. President, thank you.
24 ACTING PRESIDENT GRIFFO: Senator
25 Stewart-Cousins.
3061
1 SENATOR STEWART-COUSINS: Thank
2 you, Mr. President.
3 And I just want to join Senator
4 Flanagan and all my colleagues in really honoring
5 the memory of Herman "Denny" Farrell.
6 I am happy that we collectively as a
7 Legislature gave him his flowers -- as they would
8 say, his props -- while he was still able to
9 enjoy having a park named for him. Most of us
10 don't expect it, I'm sure Denny would not have
11 expected it or even wanted it.
12 But the reality was and is that he
13 was always a class act. He was always that
14 person that no matter how long, how tedious, how
15 heated, he would always remain cool, calm and
16 collected.
17 He was natty, as Senator Flanagan
18 said. And I remember talking to him about that,
19 and he told me that his father was a tailor. And
20 he learned how to sew from his dad, something
21 that he continued on into the majority of his
22 life. He would change his collars, he would
23 change his cuffs, because that's just how he
24 rolled. He had the monograms.
25 He was always a person who had a
3062
1 vision of pride for himself, for the beloved
2 community that he represented, and for the
3 opportunity that he's had or he had for almost
4 50 years to be a voice, a compass, and someone
5 who paid the utmost attention to everything and
6 everyone.
7 So I, like so many, will miss Denny
8 Farrell. I'm so proud of what he did not only
9 for the community but for our party, but
10 certainly for the legacy that he left for all of
11 us to follow.
12 So again, my condolences to the
13 family. And may he rest in peace.
14 ACTING PRESIDENT GRIFFO: Senator
15 Young.
16 SENATOR YOUNG: Thank you,
17 Mr. President.
18 It is my honor to rise and remember
19 our colleague, Assemblyman Denny Farrell.
20 And I first got to know Assemblyman
21 Farrell back in the Assembly days when he was
22 chair of the Banks Committee. And when he became
23 chair of the Ways and Means Committee, we
24 actually interfaced even more. And I feel very
25 fortunate to have chaired the Finance Committee
3063
1 and to have spent many, many hours next to
2 Assemblyman Farrell as we conducted the budget
3 hearings.
4 And you really get to know someone
5 when you spend that much time together. And what
6 really stands out are a couple of things. First
7 of all, just his service to the people of
8 New York -- his tenacity, his dedication. Being
9 in any hearing for a long period of time can be
10 very difficult. And when you think about those
11 budget hearings, sometimes they go on for 12, 14,
12 15, even 16 hours. Assemblyman Farrell was there
13 during all that time, spending time listening
14 very carefully to the speakers.
15 And what I really became aware of
16 and what I truly appreciate about Denny is the
17 fact that he was so focused on not only doing the
18 people's business, but also on his family life.
19 And he would often say to me, in very glowing
20 terms, you know, My daughter Sophia has been up
21 to this or that. He would share those stories
22 with me.
23 And oftentimes when he wanted to
24 leave, he would say, I've got to get home to my
25 family, I've got to get home to my daughter. And
3064
1 I think that really is something that makes
2 Assemblyman Farrell very, very special, because
3 he balanced both his work life and his family
4 life. And oftentimes when he did take a call
5 during a budget hearing, it was so he could talk
6 to his daughter.
7 So I feel very fortunate to have
8 been able to spend so much time with him, to
9 learn to get to know him even better. Even
10 though I've known him for 20 years, I think that
11 getting to know him through the budget hearings
12 was something that was enriching to me.
13 We are very fortunate to have such
14 devoted public servants such as Assemblyman
15 Farrell, somebody who has devoted so much of his
16 life to serve the people of New York. And
17 whether we agreed on everything or not -- and we
18 certainly didn't agree on everything -- I
19 certainly respect his service, I am grateful for
20 his service, and I think that we all should take
21 a moment and really think about what he was able
22 to accomplish on behalf of the people of
23 New York.
24 ACTING PRESIDENT GRIFFO: Senator
25 Benjamin.
3065
1 SENATOR BENJAMIN: Thank you.
2 It's odd to me, because I cannot
3 believe Senator Flanagan stole my speech.
4 (Laughter.)
5 SENATOR BENJAMIN: I mean, it's a
6 real testament to who Denny Farrell was that no
7 matter where you sit across the aisle, you have
8 the same opinions of him.
9 He was a man who was impeccably
10 dressed. He was a family man. He was a really
11 good man. And he also was an honest man. Denny
12 Farrell, when he told you he was going to do
13 something, he most definitely did it. Without
14 question. He was someone who would sit down and
15 say, on Monday, "I'm going to support you." And
16 a couple of weeks later it might not be so
17 advantageous at that point, but if he said it on
18 Monday, you can take it to the bank.
19 Just someone who was honest and has
20 integrity and was someone who I got to meet later
21 in his life. Because when I became chair of our
22 community board, he started to meet with me and
23 encouraged me to get involved politically and run
24 for office one day.
25 And he said: Whatever you do, make
3066
1 sure that you present yourself well, you dress
2 well, you understand that you are representing
3 more than yourself; you are representing people
4 who have elected you to serve on their behalf.
5 And when I hear Senator Flanagan and
6 I heard Senator Young and I hear Senator
7 Stewart-Cousins all saying the same things about
8 this great man, it gives me pride. It gives me
9 hope in our government. It gives me hope in our
10 politics that even if I'm a Democrat or you're a
11 a Republican or you're an independent or whatever
12 you are, if you're a good person, if you're an
13 honest person, you're a decent person, everyone
14 will recognize that. And when you're not here,
15 they will all speak about that.
16 And so I'm honored to be a part of
17 this body and I'm honored to have known
18 Assemblyman Denny Farrell, who was a good man.
19 Thank you.
20 ACTING PRESIDENT GRIFFO: Senator
21 Alcantara.
22 SENATOR ALCANTARA: Thank you,
23 Mr. President.
24 I rise to honor the life of
25 Assemblyman Denny Farrell.
3067
1 Denny Farrell lived in my district
2 for over 40 years -- I think all of his adult
3 life lived in the same building on Riverside
4 Drive and 158th Street.
5 I remember seeing him at the
6 Community Board 9 and 12 with his young daughter,
7 Sophia. And I remember, like everyone said, that
8 he was always elegantly dressed and very
9 pleasant.
10 For over 40 years, Denny Farrell
11 worked on behalf of the people of the State of
12 New York, and he did that with a lot of dignity.
13 Like my colleague Senator Brian Benjamin said,
14 they don't make them like him anymore. He was a
15 man of his word.
16 And I am glad that we are sitting
17 here with people on both sides of the aisle
18 talking about the accomplishments and
19 contributions that he made. I want to wish my
20 condolences to the people of the 74th Assembly
21 District and to his family and the residents of
22 Harlem.
23 And thank you, Leader Flanagan and
24 our leader, Andrea Stewart-Cousins, for bringing
25 this resolution today.
3068
1 Thank you.
2 ACTING PRESIDENT GRIFFO: Senator
3 Krueger.
4 SENATOR KRUEGER: Thank you,
5 Mr. President.
6 I do feel it is appropriate that we
7 all take some time out to remember Denny Farrell,
8 what he did for the state and who he was as a
9 man.
10 And many stories have now been told
11 already. I'd like to tell my story, when I first
12 won election in Manhattan to join the New York
13 State Senate, and I went to have a meeting with
14 Denny Farrell in his hat as the Manhattan County
15 chair for the Democratic Party.
16 And he said: "I just have three
17 things I tell people when they get into politics
18 from Manhattan. One, we don't get in trouble in
19 Manhattan. But I've already checked into you,
20 and that won't be a problem.
21 "Two, politics in New York State is
22 playing a sport on a hard wood floor with no
23 padding. So you've learned some of that, but
24 you'll learn more of that." Boy, was he right
25 about that.
3069
1 And three, he said, "And I'm not the
2 kind of boss that gives orders, because you're
3 all goddamn independents here in Manhattan and no
4 one would take an order anyway, so I think we're
5 going to get along just fine."
6 And in fact that was the beginning
7 of a relationship where we did get along just
8 fine.
9 And I proudly sat through endless
10 budget hearings, year in, year out, learning from
11 Denny Farrell, listening to how he approached
12 people and issues. We worked together on housing
13 issues at home and endless issues up here.
14 Yes, he was obsessed with his car,
15 and -- or his cars. And one day I had a loaner
16 car that I drove up to Albany with, which was a
17 convertible. I wouldn't have even known how to
18 take the top down anyway, but I drove into the
19 garage. Denny drives up in his car next to mine
20 and says, "I'm the only one who gets a
21 convertible up here, Senator Krueger."
22 (Laughter.)
23 SENATOR KRUEGER: I assured him it
24 was just a loaner, he would never see me in that
25 car again.
3070
1 But he was a man of great passion
2 and a great understanding of the complicated
3 politics of the late 20th and 21st century. So
4 many of us knew him up here for what he did and
5 what he was, but people who are from New York
6 City also know his history as a true lion of a
7 great -- it's not really history, but the great
8 movement of African-American elected officials
9 coming up through the ranks, particularly in
10 Manhattan and Harlem, now of course expanding
11 much more broadly.
12 But for people who lived through
13 these times and remember the roles that Denny
14 Farrell played in so many different fights and
15 issues here in Albany and down home in New York
16 City, it's hard to believe that anyone will
17 forget him and what he did for New York State.
18 So I am delighted to simply rise in
19 a small moment of tribute to him.
20 Thank you, Mr. President.
21 ACTING PRESIDENT GRIFFO: Senator
22 Comrie.
23 SENATOR COMRIE: Thank you,
24 Mr. President.
25 I want to thank the leaders for
3071
1 giving us all a moment to reflect on a great man,
2 Assemblyman Denny Farrell.
3 I'm going to speak from a different
4 perspective. I met Assemblyman Farrell back in
5 1988, in the Jesse Jackson campaign, when I was
6 still a young pup just starting out -- I was
7 young at one point --
8 (Laughter.)
9 SENATOR COMRIE: -- when I was a
10 young pup just starting out, an aide to City
11 Councilmember Archie Spigner at that time, and
12 got an opportunity to go to Harlem to meet the
13 kings of Harlem, to meet Charlie Rangel and
14 David Dinkins and, you know, Basil Paterson and
15 all these kings.
16 And I have to say that all of them
17 treated me as a person to be nurtured. They
18 didn't look down on me, they didn't use their
19 power to rail over you. They all nurtured you,
20 but especially Denny. He would treat you as a
21 confidant the first time he met you. He would
22 let you know that you should be interested in
23 government, you should do the things necessary,
24 you should look good. I have never gotten to his
25 level of style; I don't think I ever will.
3072
1 But, you know, he was truly a man's
2 man. He was someone that nurtured so many young
3 people, that got people involved in politics and
4 government, that helped so many people in their
5 careers, that gave people an opportunity to
6 understand that government was actually an
7 individual opportunity for people to do better.
8 He never lauded all of his titles or
9 anything. He would just come to you as an
10 individual, give you that encouragement, let you
11 know that you can continue to do well as long as
12 you focused on doing the work, being
13 participatory and being a person that you could
14 count on.
15 I just wanted to rise and
16 acknowledge that for all of the staff people that
17 he encountered, for all of the young people that
18 he helped, for all of his people that are
19 mourning his death, because he was truly a man's
20 man.
21 Thank you, Mr. President.
22 ACTING PRESIDENT GRIFFO: Senator
23 Bailey.
24 SENATOR BAILEY: Thank you,
25 Mr. President.
3073
1 I would like to first thank the
2 leaders of the house, Senator Stewart-Cousins and
3 Senator Flanagan, for bringing this resolution to
4 the floor to honor a great man, Assemblymember
5 Denny Farrell.
6 In 2004 I began my career in
7 government as an intern in the New York State
8 Assembly. And as -- Senator Comrie kind of stole
9 my thunder, but Denny Farrell treated everybody
10 the same, from intern to messenger to member. He
11 treated them with the same respect, whether a
12 21-year-old intern or a 35-year-old member.
13 Consistency.
14 He was diplomatic, accommodating,
15 and always encouraging, especially to younger
16 members. Anytime I would see him in the hallways
17 of this cavernous building, he would always make
18 it his point to say, How are you doing? How are
19 things going? Keep the faith. Push on forward.
20 And to somebody who is an
21 institution in New York politics, if you're
22 paying attention -- and all of us are -- his
23 reputation certainly preceded itself. And to
24 have somebody with that stature, that cachet,
25 that legend to be able to speak to me, as a
3074
1 freshman member, I was honored.
2 And as everybody said, he was the
3 sharpest one in the building. Sorry, Kevin. You
4 know, he certainly had presence. He was
5 noticeable. And he was somebody who you could
6 look up to and not worry about him letting you
7 down.
8 He was a man of his word. And as
9 Senator Young alluded to, his mastery of subjects
10 during the budget hearings was nothing short of
11 awe-inspiring. Sitting through my first
12 iteration of that last year, it was amazing how
13 much stamina he had and how he was so quickly
14 able to rifle off statistics from the --
15 seemingly from his hip, without looking down at
16 the paper.
17 He was somebody who was not just an
18 incredible figure for African-Americans, but he
19 should serve as a beacon of light and hope for
20 anybody in this state that is looking to embark
21 upon a career in government, that you can do
22 government the right way. And as everybody's
23 said on both sides of the aisle, we can be -- we
24 can disagree without being disagreeable. We can
25 disagree on the substance and the merits of
3075
1 something but, after the fact, have a
2 conversation later.
3 Denny Farrell was somebody who we
4 will all miss. He was a legend. And I was happy
5 to have been able to serve with him for such a
6 brief time.
7 Thank you, Mr. President.
8 ACTING PRESIDENT GRIFFO: Senator
9 Gianaris.
10 SENATOR GIANARIS: Thank you,
11 Mr. President.
12 There are few people that create the
13 kind of unity in the Capitol where you see
14 Assembly and Senate, Democrats and Republicans,
15 reformers and regulars all singing his or her
16 praises. But Denny Farrell is one such person.
17 I have known Denny for over two
18 decades, back when I was an attorney for the
19 State Assembly and he was a member, and then as a
20 young member of the Assembly myself, where I
21 served with Leader Flanagan, where we first
22 established our friendship. We were both people
23 who looked up to Denny and watched the mastery
24 with which he would engage in debates in the
25 State Assembly.
3076
1 I also had the privilege of
2 representing his partner -- at the time, his
3 girlfriend -- Barbara, as a constituent of mine.
4 And I learned that she had that status the hard
5 way, because I was having a town hall at a co-op
6 development in my district about a recently
7 passed budget -- I was a young Assemblyman at the
8 time -- and the door opens up and, lo and behold,
9 the chairman of the Ways and Means Committee
10 walks in and sits down in the audience and starts
11 asking me questions about it.
12 (Laughter.)
13 SENATOR GIANARIS: It was very
14 intimidating, I can assure you. But thankfully
15 it was Denny, because he actually helped me
16 answer the questions as opposed to just grilling
17 me.
18 And of course he did go on to play a
19 great mentoring role for me in the Assembly.
20 When he was the chair of the State Democratic
21 Party, he had me serve as his finance chair
22 during the 2006 cycle -- which, if I may get a
23 little partisan, was the first time in his latest
24 streak that Democrats won every single statewide
25 election. And so part of his legacy of success
3077
1 will be not only governmental but political.
2 And he will be sorely missed. And I
3 hope the legacy he's left behind and the warm
4 feelings that exist for him in this building
5 provide some solace to his family at this time.
6 Thank you, Mr. President.
7 ACTING PRESIDENT GRIFFO: Senator
8 Bonacic.
9 SENATOR BONACIC: Thank you,
10 Mr. President.
11 I wish we had more people like Denny
12 Farrell in state government.
13 I remember before I came to Albany,
14 as a county legislator, we would disagree with
15 Republicans and Democrats and afterwards we would
16 go to a bar and have a drink and laugh together.
17 And when I first met Denny was in
18 the Assembly. I was the ranker of Banking, and
19 he was the chairman. And before the Banking
20 Committee met, I would go see him in his office.
21 I'd say, Denny, you know, a little problem with
22 this bill, this bill -- no problem, we'll work it
23 out.
24 But I want to talk a little bit
25 about the human side of Denny Farrell. He had a
3078
1 great sense of humor. I don't think he took
2 himself seriously, but he took his work very
3 seriously. And when we chaired -- ranker,
4 chairman -- in Banking, we had a chance to go all
5 around the United States and talk to bankers from
6 New York at exotic places in the United States.
7 So I remember in West Virginia, at
8 Greenbrier, Denny sitting by himself on a couch.
9 And I'm with my bride. And I see he's the only
10 African-American there. There's about 3500 white
11 people. So I go sit next to Denny, with my
12 bride, and I say, "Denny, does it bother you? Do
13 you feel uncomfortable here?" And he laughed and
14 he said, "No way." He was so comfortable in his
15 own skin.
16 But the other thing I want to share
17 with you about Denny, we used to have things in
18 the western part of the United States --
19 California, Arizona. And when it was over, the
20 three nights and the four days, I'd say, "Denny,
21 what flight are you taking?" "No, I'm driving."
22 He had a convertible.
23 Well, I said, "Who's going with
24 you?" "I'm going by myself." I said, "Denny,
25 come on now, that's a long trip. You know,
3079
1 you've got to be careful when you drive and all."
2 That son of a gun beat me home --
3 (Laughter.)
4 SENATOR BONACIC: -- and I had an
5 airplane flight back.
6 But he loved to drive. He must have
7 driven like -- I'm not exaggerating -- 18 hours a
8 day. And it must -- it was probably his peace
9 and quiet and his meditation. He loved the
10 vehicle, and he loved to drive.
11 But I would say, in conclusion, he
12 was not a man that polarized. He was a man that
13 could talk to kings and could talk to janitors in
14 the same way, as has been touched on by people in
15 this room. And it was interesting to hear, when
16 you spoke about Denny, I could see there was a
17 smile on your face, there was a gleam in your eye
18 for the appreciation of the quality of the man.
19 And that's what I miss the most. And the fact
20 that he was bipartisan, never polarized.
21 Oh, getting back to the
22 West Virginia story, I told him I had a son in
23 law school. You know what he said? He said:
24 "When he graduates, I can give him a job with
25 Morgenthau's office." I almost fell off the
3080
1 couch, because I didn't know Denny that well.
2 But he meant every word that he said. And I
3 never forgot that, 28 years later.
4 So, Denny, may you rest in peace.
5 And our condolences to the family.
6 Thank you, Mr. President.
7 ACTING PRESIDENT GRIFFO: Senator
8 Boyle.
9 SENATOR BOYLE: Thank you,
10 Mr. President. I rise in support of the
11 resolution.
12 It was a true honor to serve with
13 Denny in the Assembly for many years, including
14 as a member of the Ways and Means Committee.
15 As was touched upon, a true
16 gentleman with a great sense of humor. Two quick
17 stories that always summed up Denny to me. I was
18 a Denny fan for many years.
19 You know, Denny, when he was a
20 liberal Democratic Assemblyman and chairman of
21 the Manhattan Democratic Committee, came up to
22 CPAC, the Conservative Party convention they have
23 up here, and debated in front of 200
24 conservatives. And when I saw Denny's name on
25 the agenda, I was like, wow, he's got guts.
3081
1 He was so good explaining his
2 position with good humor and good nature that
3 Denny received a standing ovation when the debate
4 was over from a group of people who probably
5 didn't agree with him on one of those issues that
6 he debated.
7 Also, Denny's honesty has been
8 touched upon. I remember one night, one of those
9 long budget nights, we had passed legislation to
10 increase taxes which was going to end on
11 December 31st, so we had a special session in the
12 middle of December -- which we weren't supposed
13 to come back for -- to lower the tax but raise it
14 more than it would have been if it had expired,
15 but not as much as it was.
16 So the Democrats were saying it's a
17 tax decrease. The Republican ranker on Ways and
18 Means: "This is a tax increase. If we waited
19 three weeks, it would be a tax increase." He
20 said, "If we waited three weeks, it would be a
21 tax increase." So Denny turned around and said,
22 "You're right. That's why we're here tonight."
23 Rest in peace, Denny.
24 ACTING PRESIDENT GRIFFO: Senator
25 Tedisco.
3082
1 SENATOR TEDISCO: Thank you,
2 Mr. President.
3 I look around the room and I see
4 some of my colleagues who served in the Assembly
5 and served with me and Denny in the Assembly.
6 But I think, as the Assemblyman who served with
7 Denny and the minority leader at one time over
8 there, I believe in this room I probably served
9 the longest with Denny in the New York State
10 Assembly. There may be one or two of you, I
11 don't know.
12 But I found, after interacting with
13 Denny all those years, that no matter what
14 affiliation you were, it was just hard not to
15 like Denny Farrell.
16 And I can remember -- and I think
17 you get a little bit of the flavor of what
18 happens in the New York State Assembly. We went
19 over there last week to talk about the AG. And
20 it's kind of like a food fight every day every
21 day. A little bit more staid here in the Senate.
22 And we used to pummel Denny, as the
23 Ways and Means leader on the floor, with question
24 after question after -- Mr. Gianaris knows; he
25 was over there. And we'd go after him and give
3083
1 him some tough and wild questions.
2 And Denny had unbelievable patience
3 and kindness and understanding. He never came
4 back at us. And we used to come at him very,
5 very hard. I mean, we only had 43 members. You
6 know, we'd pull the pin and we'd throw it and see
7 how much it blew up on the other side. You know.
8 And what I found him to be -- and I
9 think Senator Bonacic mentioned it -- very
10 humorous. He used to use humor to disarm us, a
11 tremendous wit. And he had an unbelievable
12 command of the facts of billion-dollar budgets.
13 And when he didn't have a command of
14 the facts, he'd lean over to the counsel next to
15 him, and he'd be talking. And they didn't have
16 the answer sometimes, so he'd come back and then
17 he'd just make up the facts and give us an
18 answer. And we'd giggle a little bit, and we'd
19 just go on to the next question. Because he
20 knew, as the leader said, it was always going to
21 pass. They had the numbers over there.
22 But one fact about Denny can never
23 be denied. He was an unbelievable public
24 servant, an unbelievable representative, and he
25 left an unbelievable legacy there.
3084
1 And in all the time that I can
2 remember, we used to have tremendous chats
3 together and just talk together -- every time we
4 went at him with a difficult question, and some
5 guys were a little bit rude, never, never did he
6 come back with an answer that was going after
7 somebody or trying to personally attack somebody.
8 Always had a sense of just let it roll off his
9 back -- we're going to get this done, we have the
10 numbers, so let me just answer the questions and
11 do the best I can.
12 And he really illustrated the
13 collegiality that I think the Senator was talking
14 about, with all of us who didn't make it easy for
15 him all the time, because that's the only thing
16 we could do when we had those low numbers over
17 there.
18 But he's somebody that will be
19 remembered, is going to be a part of this, as I
20 said, this legislative body here that leaves a
21 great legacy.
22 Thank you, Mr. President.
23 ACTING PRESIDENT GRIFFO: Senator
24 Kaminsky.
25 SENATOR KAMINSKY: Thank you,
3085
1 Mr. President.
2 I had the good fortune of serving
3 with Denny in the Assembly. And the phrase that
4 comes to mind when I think of him is old school.
5 And there's a really interesting story that
6 really solidified it for me.
7 I was driving in my district over
8 the Atlantic Beach Bridge to go down to the
9 coastal part of my district, and there are two
10 lanes. There's the lane for the people that
11 don't know the area that have to actually pay $2
12 in cash, and then there's the lane for everyone
13 else, who has a pass.
14 And it was a June day, and it was a
15 weekend, and it started to pour. And as I'm
16 going through, I see Denny sitting in his
17 convertible in the cash lane just getting soaked.
18 And he's just sitting there without a care in the
19 world, just getting soaked.
20 And by the time I realized who it
21 was, I was already through the toll and on the
22 other side. And so when I saw him in the
23 Assembly on Monday, I said, "Denny, what were you
24 going? What was going on?"
25 He goes, you know, "The lady I'm
3086
1 with has a beach club down there, we love going,
2 I'm there every weekend." I go, "You're there
3 every weekend? Why are you in the cash lane?"
4 He goes, "Son, you think I'm going
5 to let the government know where I am with one of
6 these devices? There's no way."
7 (Laughter.)
8 SENATOR KAMINSKY: He goes, "You
9 were a prosecutor, right?" I go, "Yeah." He
10 goes, "Did you ever try to find out where someone
11 was, using E-ZPass?" I go, "I did." He goes, "I
12 don't own one."
13 And he goes, "You ever heard of
14 taking the Taconic to Albany?" I go "Yeah." He
15 goes, "That's the only route I take."
16 (Laughter.)
17 SENATOR KAMINSKY: And he basically
18 said, "When I want the government to know where I
19 am, I will let them know." He goes, "You want to
20 find me? I'll be on the floor in Albany voting
21 during session. If not, it's nobody's business
22 at all."
23 And I -- I just -- he didn't make
24 any bones about it. That was Denny.
25 And when I got to serve with him in
3087
1 the Assembly, the best thing he taught me was to
2 calm down and chill out. Denny would say to me,
3 "Son, it's Albany, it's not going to go the way
4 you think. This too shall pass. It's all good."
5 He had one of those phrases for me every time he
6 thought my head would explode.
7 And with all the different people
8 there, the fact that he would kind of notice that
9 and come up to me and say that was always great.
10 All the rest has been said. A true
11 gentleman, a real public servant. I'm glad we
12 get to honor his memory today.
13 Thank you, Mr. President.
14 ACTING PRESIDENT GRIFFO: Is there
15 any other member that wishes to be heard on the
16 resolution?
17 Senator DeFrancisco will close.
18 SENATOR DeFRANCISCO: Thank you.
19 Just about everything's been said,
20 but I just wanted to mention two things.
21 The one thing that wasn't really
22 emphasized was Denny Farrell's patience. When I
23 was chair of the Finance Committee for several
24 years, we would sit together and listen to people
25 say the same thing over and over again and,
3088
1 despite the fact that they were pleading for us
2 to do something, would read a canned speech. And
3 it would go on and on and on. Never did I hear
4 him complain. Never. Never.
5 Now, he did other things. He ate a
6 lot of stuff. But my favorite was when he
7 brought his wallet out, which was about this big
8 (indicating), and he cleaned it out periodically.
9 And he had tickets in there -- I don't mean
10 parking tickets, I mean tickets for this event or
11 this lottery or this or that. And he would make
12 a mess. He would be ripping them all up, putting
13 them in piles, put them over here, and organize
14 it like it was his filing cabinet.
15 But he was able to keep his patience
16 by -- his intellect, which was incredible, after
17 he'd do this stuff, he'd ask a question. I don't
18 know -- I didn't think he was paying attention to
19 anything. He'd ask a question, and he would get
20 the answer and be very cordial to the individual.
21 But the most important thing is
22 rarely in this day and age, whether it's here in
23 this body or on the street with people you know
24 well, do you see an individual where if someone
25 told you something and shook your hand, you
3089
1 didn't need anything in writing, you didn't need
2 anything to verify that he would do it or to make
3 certain he would do that thing. His word was his
4 bond.
5 And that's something that we all
6 should look up to and we all should copy as much
7 as we possibly can. He was truly a good man.
8 And I'm very sorry of his death, very sorry that
9 he's not here giving us more lessons for a longer
10 period of time.
11 So with that said, Denny, rest in
12 peace. And we're all going to miss you, there's
13 no question about it.
14 Thank you.
15 ACTING PRESIDENT GRIFFO: On this
16 resolution, all members of the house will be
17 listed as cosponsors unless otherwise noted.
18 The question is on the resolution.
19 All in favor signify by saying aye.
20 (Response of "Aye.")
21 ACTING PRESIDENT GRIFFO: Opposed?
22 (No response.)
23 ACTING PRESIDENT GRIFFO: The
24 resolution is adopted.
25 I ask all present to please rise in
3090
1 a moment of silent reflection and tribute to
2 Assemblyman Denny Farrell. May he rest in peace.
3 (Whereupon, the assemblage rose and
4 respected a moment of silence.)
5 ACTING PRESIDENT GRIFFO: Senator
6 DeFrancisco.
7 SENATOR DeFRANCISCO: Next I just
8 want to give everyone a reminder that following
9 session there will be a Codes Committee meeting
10 immediately following session in Room 124, and a
11 Higher Ed Committee meeting immediately following
12 session in Room 332.
13 ACTING PRESIDENT GRIFFO: Upon
14 conclusion of session, there will be Higher Ed in
15 332 and Codes in 124.
16 Senator DeFrancisco.
17 SENATOR DeFRANCISCO: Any further
18 business?
19 ACTING PRESIDENT GRIFFO: There is
20 no further business. The calendar has been laid
21 aside for the day.
22 SENATOR DeFRANCISCO: In that case,
23 I move to adjourn until Thursday, May 31st, at
24 11:00 a.m.
25 ACTING PRESIDENT GRIFFO: On
3091
1 motion, the Senate stands adjourned until
2 Thursday, May 31st, at 11:00 a.m.
3 The Senate is adjourned.
4 (Whereupon, at 5:42 p.m., the Senate
5 adjourned.)
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25