Remembering Our Babies, the group pushing the event, wants states to designate the day to comfort the almost 1 million U.S. women who suffer a miscarriage or stillbirth annually, and the 26,784 families whose children die before age 1. President Reagan proclaimed October infant loss remembrance month in 1988.

The group said Pataki was one of only three governors to refuse to designate the remembrance day in 2001, the first year it asked for the recognition. In 2002, Pataki and fellow Republican, Texas Gov. Rick Perry, also refused.

This year, Remembering Our Babies members said they spent months calling, e-mailing and faxing Pataki's proclamations office but heard nothing until an e-mail reply: "The governor has no comment." A subsequent phone call to the proclamations office yielded the confirmation that Pataki would not sign, partly because the issue was too sensitive, according to Elizabeth Noselli, a Rockland County resident and Remembering Our Babies member.

Noselli suspected the pro-choice Pataki's reluctance stemmed from a fear that signing would be misconstrued as an anti-abortion position. Acknowledging the impact the loss of a fetus can have on a woman and her family might be seen as supporting the argument that life begins before birth.

Pataki's refusal made Noselli angry.

"He's just totally ignoring the whole subject," she said.

Friday, a Times Union reporter inquired about the issue. Surprise: The answer came back that Pataki does, indeed, intend to sign.

So why the delay? Why the change?

"We issue a great many proclamations," Pataki spokesman Joseph Conway said. "Sometimes these things take time."

The shift was news to Remember Our Babies co-founder Lisa Brown, who said she has not been contacted by the governor's office.

"They already told us 'no,' " said Brown, a Florida resident. "That's quite a turnaround."

Pataki, though, isn't off the hook just yet. "I think we need some publicity from them, too," Brown said. "Maybe a public signing."

A challenge to the state lobbying commission in U.S. District Court shows hip-hop mogul Russell Simmons watches his pennies.

Ben Chavis, Simmons' partner in an effort to turn back New York's sentencing laws for drug crimes, filed a statement to the court recently that reveals Simmons and Chavis wanted a state plane for travel to meet with Pataki. But Pataki said no.

Chavis said since Pataki had summoned Simmons to Albany, Simmons didn't think he should pay his own way.

Simmons traveled by helicopter at his own expense, the statements says, and gave Secretary of State Randy Daniels a ride, for which the state official later reimbursed Simmons, Chavis said.

Contributors: Capitol bureau reporters Elizabeth Benjamin and James M. Odato. Got a tip? Call 454-5424 or e-mail jjochnowitz@timesunion.com.