SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ALBANY MALCOLM A SMITH, Temporary President and Majority Leader of the New York State Senate, Plaintiff, Index No.: 09/ _ -against- PEDRO ESPADA JR., New York State Senator, Defendant. AFFIRMATION OF SENATOR NEIL D, BRESLIN: Under penalties of perjury, plaintiff Senator Neil D. Breslin, Esq., being duly sworn, affirms, declares and says: 1. My name is Neil D. Breslin, and I reside in the town of Bethlehem, New York. law in the Statc of New York. 2, Tam an attorney in good standing, licensed to pra 3. Lam a New York State Senator in my seventh term. I represent the 46th District, which consists entirely of Albany County. I am the Chair of the Insurance Committee, and a member of the standing committees on Agriculture, Banks, Codes, Education, Finance, Judiciary, and Labor. 1 also practice law and am "of counsel" to the firm of Hiscock & Barclay, LLP.4. On June 8, 2009, 1 was asked to serve as the Presiding Officer of the Senate. In this capacity, 1 was responsible for preserving order and decorum in the Senate Chamber and ensuring that debate was germane to the question under discussion. I was also responsible for deciding all questions of order, subject to appeal to the Senate. 5. In my role as Presiding Officer, I called the session to order at approximately 3:10 pm. 6. Prior to the beginning of legislative session, as is standard practice, I received a pre- scripted order of business from Senate Parliamentarian, Keith St. John, Esq. 7. Once the presiding officer gaveled the Senate into session, the house procecded through the regular order of business as scripted. 8. A quorum being present, I proceeded to the order of Motions and Resolutions. 9. Prior to the start of the day’s session, I was informed by the Senate Parliamentarian that the Deputy Minority Leader had two housekeeping motions to make on the floor. Specifically motions to amend Senate bills already on the Senate Calendar. 10. The Deputy Majority Leader, without waiting to be recognized by me, rose from his seat to assert his point of order.11, As soon as I recognized the Deputy Minority Leader, the Deputy Majority Leader stated that the resolution was out of order. 12, | immediately proceeded to rule on the point of order, without debate as per Senate rule, ruling Senator Libous and his resolution out of order, as not being privileged. 13. The Deputy Minority Leader immediately thereafter objected to the Deputy majority Leader's request to stand at ease, insisting that he still had the floor and, therefore, any ‘motion to stand at ease was improper. 14. | ruled that the Senate would stand at ease, 15. Thereafter Senator Libous called for a show of hands by those Senators wishing to stand at ease. I did not grant this request for a show of hands, 16, I then again ruled from the chair that the Deputy Minority Leader’s so-called privileged “motion” was out of order, as it was neither privileged nor properly before the house. 17. The Deputy Minority Leader immediately appealed my ruling 18. ] then proceeded to put the question before the house: “Whether the decision of the Chair shall stand as the judgment of the Senate?”