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STATE OF NEW YORK COUNTY OF ALBANY AFFIDAVIT OF BARBARA BARTOLETTI BARBARA BARTOLETTI, being duly sworn, deposes and says as follows: 1. My name is Barbara Bartoletti, and I reside in the Town of North Greenbush, Rensselaer County, New York. 2. I am Legislative Director of the League of Women Voters of New York State, a non-partisan citizens’ education and advocacy organization. 3. On behalf of the League of Women Voters, I have been observing the proceedings of the New York State Senate and New York State Assembly, as well as other institutions of New York State government, for approximately 30 years. 4. On June 30, 2009, at approximately 11:50 a.m., I entered the Chamber of the New York State Senate from the Fourth Floor visitor’s gallery. 1 sat in the second row, in the first section of benches closest to the doors of the Senate. I had an unobstructed view of the Senate floor. 5. [was present for the start of the scheduled Regular Session of the Senate that convened at approximately 12:00 p.m. 6. Senator Andrea Stewart-Cousins stood as Presiding Officer, banged the gavel, called the Senate to order, and invited the Senate and spectators to join her in reciting the Pledge of Allegiance. In the absence of clergy, Senator Stewart-Cousins asked for a moment of silence. After that, the Journal of the prior day’s Senate proceedings was accepted and approved. These matters took approximately one and one-half minutes, as they usually do. 7. After the Journal was accepted and approved, approximately two minutes into the Senate’s proceedings, I clearly saw Senator Frank Padavan on the Senate floor. At the time I first saw him, Senator Padavan was in the middle of the Senate floor, walking past the desk of Senator Brian Foley next to the middle doors of the Senate Chamber. I observed Senator Padavan walking through the Chamber until he walked under the overhang of the visitor’s gallery. 8. After Senator Padavan disappeared from my view, I heard Senator Stewart-Cousins announce that there would be an immediate Democratic Conference. The Aremaen Doetntett ARBARA BARTOLETTI ‘Senate then stood at ease. Sworn to before me this

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