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Michael MarcAntonio

Avrum Rosen. Photo from Rosen's campaign

A Huntington attorney with a history of public service has stepped forward to become the Democratic Party’s next challenger for the state’s 12th Assembly District.

Centerport resident Avrum Rosen has become the Suffolk County Democratic Committee’s candidate to face off against incumbent Assemblyman Andrew Raia (R- East Northport).

“I had been thinking about running again as we’re in pretty upsetting times, I don’t think we can be complacent anymore,” Rosen said. “I don’t think any Republican candidate who takes the positions Raia takes should go unchallenged.”

I don’t think any Republican candidate who takes the positions Raia takes should go unchallenged.”

— Avrum Rosen

A panel of four judges in New York State Supreme Court’s Appellate Division in Brooklyn ruled Aug. 22 that Northport resident Michael Marcantonio, 31, Raia’s original challenger, did not meet the state’s minimum five-year residency requirements after casting his 2014 ballot at Duke University in North Carolina while enrolled as a law student.

As such, Rosen said he decided to contact the Democratic Party about running for the position. He previously unsuccessfully ran for a state political office once before in 1996 in the 10th Assembly District against the late Jim Conte. 

“I was a complete novice at the time,” Rosen said. “With no funds and a lot less experience than I have now, I ran a very competitive race.”

Rosen currently runs a Huntington-based law firm, specializing in bankruptcy claims in addition to handling commercial and residential real estate cases. He received his law degree from Hofstra University.

“I went into bankruptcy work as it’s not that different from social work,” he said. “I call it economic social work to fix things in businesses and in people’s lives.”

The Democratic challenger served on the Town of Huntington’s planning board for nine years starting in 2002, where he said he’s fought for changes to put more restrictions on business operations like 7-Elevens — including opposing the 7-Eleven built in Centerport.

“… I think there are some solutions no one had talked about, including the municipalities’ rights to levy carbon taxes that might get LIPA to modernize the Northport plant.”

— Avrum Rosen

Two other key issues Rosen hopes to be able to address are state gun laws in the wake of school shootings such as Parkland, Florida, and Long Island Power Authority’s tax certiorari case to get the Northport Power Station reassessed.

“I’m a kind of think outside the box type of guy,” he said. “I’ve been doing my homework and I think there are some solutions no one had talked about, including the municipalities’ rights to levy carbon taxes that might get LIPA to modernize the Northport plant.”

Admittedly, Rosen said he had “a lot of work to do” and there’s still a chance he may not wind up on the Nov. 6 ballot. Marcantonio will be pleading his case before the judges in the state Court of Appeals Aug. 29, and if they do, he hopes to have the Appellate Division’s decision overturned to get his name back on the ticket.

“We feel confident they will hear our case given the importance of the issues at [hand] right now,” Marcantonio said Tuesday afternoon. “We need to raise the issue of student voting as they are prohibiting a common practice among New York students who participate in life of their college communities, and are preventing them from being able to run for office.”

Raia also confirmed there is an appeal filed against the Appellate judge’s decision that allowed the Suffolk Democrats to designate Rosen as the party’s new candidate. If overturned, he said the petitions could be found invalid and Rosen could also be ineligible to run.

The results of the court proceedings were not available by the publication’s press time.

Michael Marcantonio speaks at his July 30 press conference. Photo by Kyle Barr

Democratic challenger Michael Marcantonio will be removed from the ballot for the 12th Assembly District after courts ruled he failed to meet the residency requirements.

A panel of four judges in New York State Supreme Court’s Appellate Division in Brooklyn ruled Aug. 22 that Marcantonio, 31, of Northport, did not meet the five-year state residency requirement to run for state Assembly. The political candidate called it “unjust.”

“I’ve been punished simply for exercising my right to vote,” he said.

“I’ve been punished simply for exercising my right to vote.”

— Michael Marcantonio

The panel’s decision found that when Marcantonio cast a ballot in the 2014 elections in North
Carolina, where he was enrolled as a law student at Duke University at the time, he had severed his connection to New York. The issue first came to light in July, when three supporters of Assemblyman Andrew Raia (R-East Northport), whose seat he was vying, Ralph Notaristefano, Paul D’Alessio and Kathleen Barnhart filed a lawsuit in New York State Supreme Court.

“I did everything everyone else does when they go away to school, I did nothing different — the only difference is I tried to run for office afterward,” the political hopeful said. “It’s going to discourage young people from running for office.”

Marcantonio said he was unsure of bringing the case to the state Court of Appeals, citing that the court has the sole discretion to determine whether or not they’ll hear his plea. Ultimately, he said he believes time will show the judges’ decision was in error.

It’s a symptom of the cancer in our body of politics in New York State.”

— Michael MarcAntonio

“It’s shocking that the court, who is supposed to be the guarantor of our democracy, our justice, our voting and electoral rights would instead disenfranchise our district from having a real choice in this election and undermine young people’s right to run for office,” Marcantonio said.

As Marcantonio was found ineligible, Raia  will run unopposed. Raia could not immediately be reached for comment. The incumbent previously weighed in on the issue stating to TBR News Media that anyone who may want to run for office after attending school in another state should use absentee ballots.

Now barred from running, Marcantonio said he will continue to support the campaigns of several other Suffolk Democrats up for re-election this November including state Assemblyman Steve Stern (D-Dix Hills) for the 16th District, Huntington Councilwoman Joan Cergol (D) and challenger Jim Gaughran who will run against state Sen. Carl Marcellino (R-Syosset).

The political hopeful said he already spoke with Rich Schaffer, supervisor of Suffolk County’s
Democratic Committee, about bringing the fight to the state Legislature when it reconvenes in January. Schaffer and other members of Suffolk Democratic Committee could not immediately be reached for comment.

I will be a candidate moving forward for whatever office I have the opportunity to run for.”

— Michael Marcantonio

Marcantonio wants there to be changes made to the five-year state residency requirement to make clear the intention is not to punish students who pursue higher education in another state.

“It’s a symptom of the cancer in our body of politics in New York State,” he said. “Our elections laws are not structured in a way to incentivize youth participation or incentivize people to get involved in the process. They are designed to make it as difficult as possible.”

He also states he will continue to work to encourage the young voter to get to the polls this November given the “unprecedented levels” of young engagement following recent events such as the Feb. 14 Parkland, Florida, high school shooting.

Marcantonio said the outcome has not discouraged him from taking part in political endeavors.

“This will not be the last time you hear of Michael Marcantonio,” he said. “I will be a candidate moving forward for whatever office I have the opportunity to run for.”

Democratic challenger files immediate appeal, keeps eyes on November's general election

Michael Marcantonio speaks at his July 30 press conference. Photo by Kyle Barr

A judge has ordered Democratic challenger Michael Marcantonio’s name be removed from the ballot for the 12th Assembly District.

New York State Supreme Court Judge Richard Horowitz issued a decision Aug. 17 that Marcantonio, 31, does not meet the minimum residency requirements to run for state Assembly.

His campaign has already filed an appeal of the decision, a staff member of Suffolk County Board of Elections confirmed Aug. 20.

“We will be proceeding with an appeal not just for our campaign, but for young people across our state that would be disenfranchised if this decision was allowed to stand,” Marcantonio said in a statement. “Long Island is facing a loss of our young people as they obtain education and are forced to seek opportunities elsewhere. This decision would place further barriers between young people and their ability to serve our communities.”

“We will be proceeding with an appeal not just for our campaign, but for young people across our state that would be disenfranchised if this decision was allowed to stand.”

— Michael Marcantonio

In July, 12th District residents Ralph Notaristefano, Paul D’Alessio and Kathleen Barnhart filed a lawsuit contending Marcantonio did not meet New York’s residency requirements to run. Under state law, any candidate for state office must show he or she has resided within the state for a minimum of five years and in the assembly district for one year.

The judge ruled that because Marcantonio registered to vote in the 2012 presidential election in North Carolina, where he attended law school at Duke University from 2012 to 2015, he did not meet the five-year New York State residency requirement, according to a statement issued by Marcantonio’s campaign.
Marcantonio could not immediately be reached for further comment. His campaign did not immediately provide a copy of the judge’s decision upon request.

At a July 30 press conference at Cow Harbor Park in Northport, Marcantonio said he believes his right to run for office is protected under the U.S. Supreme Court decision Symm v. United States (1979), which he said allows for students’ right to vote without losing their residency.’

“Merely registering to vote as a student out of state is not enough to eviscerate your residency in this state as a New Yorker,” Marcantonio said July 30.

The Democratic challenger remained on North Carolina’s voter lists until he graduated with his legal degree in 2015. He changed his registration to New York for the 2016 presidential primary, and cast a ballot in the last Northport school board election.

Marcantonio had previously said if he lost the lawsuit, he feared it could bar young people from voting while attending out-of-state school and then coming back to run for office.

Incumbent state Assemblyman Andrew Raia (R-East Northport), whose seat Marcantonio was vying to grab, previously weighed in on the issue stating anyone who may want to run for office after attending school in another state should use absentee ballots.

From left, New York State Assemblyman Andrew Raia and Democratic challenger Michael Marcantonio. File photo, photo from Facebook

New York 12th Assembly District Democratic candidate is facing allegations that he has not lived in the state long enough to run for office.

District residents Ralph Notaristefano, Paul D’Alessio and Kathleen Barnhart filed a lawsuit July 25 in New York State Supreme Court contending Democratic challenger Michael Marcantonio does not meet New York’s residency requirements.

When you change your car registration and open up a new voting registration in another state and that state says you must be resident of that state to vote, that’s pretty clear cut for me.”

— Andrew Raia

Under state law, any candidate for state office must show he or she has resided within the state for a minimum of five years and in the assembly district for one year.

Current state Assemblyman Andrew Raia (R-East Northport) said the more contentious issue in the lawsuit is whether Marcantonio, 31, has been a resident for the mandatory five years.

Marcantonio attended law school at Duke University in Durham, North Carolina, where he registered to vote in the 2012 presidential election as an enrolled student from 2012 to 2015.

“When you change your car registration and open up a new voting registration in another state and that state says you must be resident of that state to vote, that’s pretty clear cut for me,” Raia said.

In a July 30 press conference at Cow Harbor Park in Northport, Marcantonio said he believes his right to run is protected under the U.S. Supreme Court decision Symm v. United States (1979), which he said allows for students right to vote without losing their residency.

“Merely registering to vote as a student out of state is not enough to eviscerate your residency in this state as a New Yorker,” he said.

Marcantonio remained on North Carolina’s voter lists until he graduated with his legal degree in 2015, He changed his registration to New York for the 2016 presidential primary, and cast a ballot in the last Northport school board election.

The Democratic candidate said if he loses the lawsuit, he fears it could bar young people from voting while attending out-of-state school and then coming back to run for office.

“What we’re seeing today is an assault on young people,” Marcantonio said. “If we lose this lawsuit every single New Yorker who goes out of state for school and [vote,] they would be barred from running for office for five years after they graduate school.”

Merely registering to vote as a student out of state is not enough to eviscerate your residency in this state as a New Yorker.”

— Michael Marcantonio

Raia said that if anyone wants to run for office after they attend school out of state that they should send absentee ballots. Marcantonio countered that filing absentee ballots is too difficult for young people because they have to get it notarized. One has to get a absentee ballot notarized in South Dakota and North Carolina, according to Vote.org.

Raia said Marcantonio does not primarily reside in Northport, but rather lives in a New York City apartment closer to where he works at the law firm Kirkland & Ellis. Marcantonio has taken an unpaid leave of absence from his job to campaign, saying his main residence is his Northport family home, Marcantonio said he keeps a city apartment to use when he’s too tired to travel after work.

Raia also argued that Marcantonio is not well connected to the district. Marcantonio had raised more than $100,000 by July, more than double Raia’s campaign, according to financial disclosures filed with the state Board of Elections. Yet, only approximately $1,500 of the Democrat’s war chest came from nonfamily members in the voting area. Marcantonio said he expects his campaign to acquire more local donations in the months before the election.

Judge Richard Horowitz of the New York State Supreme Court is presiding over the case. The date was postponed but both parties are now due in court Aug. 17.

Marcantonio said he expects to win the lawsuit. “Northport is a great place to grow up — it made me who I am today,” he said. “I want to spend the rest of my life here, raise kids and send them to the same great schools I went to.”

Michael Marcantonio speaks at his July 30 press conference. Photo by Kyle Barr

Northport native Michael Marcantonio said his life has been shaped by two major events of the 21st century, 9/11 and the Great Recession, that now define his first campaign for political office.

Marcantonio, 31, is running as the Democratic candidate for New York State’s 12th Assembly District against incumbent, Andrew Raia (R-Northport) in the upcoming Nov. 6 election. A self-identified millennial, he seeks to address theissues of high taxes, public transportation and LIPA lawsuit that he feels threaten Long Island’s future.

Born in Huntington Hospital, Marcantonio said growing up during 9/11 and the Iraq War colored his vision of the United States as a country while attending Northport High School. He said the 2008 financial crash and subsequent recession greatly affected his ability to get a job after graduating from Lafayette College in Pennsylvania in 2009.

There is a mass exodus on Long Island of young people who can no longer afford to live here.”

— Michael Marcantonio

“It was a disaster for many people in my generation, but it’s remained hard,” Marcantonio said. “I was fortunate that I had a family that was able to weather that storm, but your whole life can’t start when you’re still living at home without a job.”

In 2012, the first-time political candidate enrolled at Duke University in North Carolina to earn his doctorate in law. After returning to New York in 2015, he was hired by the Manhattan office of law firm Kirkland & Ellis LLP as an associate, where he and many other young partners work close to 80 hours a week. He considers himself a part of the young generation who have had to struggle with the high cost of living on Long Island, which has been worse for youth than other areas, he said.

“We are working much harder, much longer with and much less job security than we ever have before,” Marcantonio said. “People our age would be getting involved more if it weren’t for these structural hurdles that have been holding us back. … There is a mass exodus on Long Island of young people who can no longer afford to live here.”

We are getting gouged in taxes on Long Island — we are getting absolutely soaked.”

— Michael Marcantonio

Marcantonio said he is running in support of the youth on Long Island, and he is currently battling a lawsuit that contends he does not meet the five-year requirement for living in the 12th Assembly District because he registered to vote in North Carolina where he went to school. Marcantonio considers the lawsuit an assault on young people’s ability to run for office.

One of Marcantonio’s main campaign promises is to upgrade Long Island’s infrastructure, starting with investing in rebuilding Long Island Rail Road. He also called for an expansion of Suffolk County sewers to replace cesspools he said are affecting the water supply. He added that Albany should foot the bill to pay for those upgrades.

This is not a Suffolk County specific problem, this is a New York problem,” Marcantonio said. “Suffolk County should not have to borrow at higher interest rates because we have less borrowing power than the state.

He said he plans to advocate for strengthening unions in both the public and private sector, to make higher education more affordable and for more public sector job opportunities in areas such as health care, teaching and construction.

This lawsuit is a total fraud, an utter and total fraud, and we are going to fight this.”

— Michael Marcantonio

“The decks are stacked against us,” Marcantonio said. “You can’t even raise a family on a private sector job because you don’t have the job security, and you’re not getting the pay you would get to sustain a family. We don’t have as much access to credit if we would want to buy a home.”

He also said that there cannot be any further state tax increases on Long Island, in order to lower the area’s high cost of living.

“We are getting gouged in taxes on Long Island — we are getting absolutely soaked,” he said.

The Town of Huntington is currently in the midst of an eight-year ongoing legal battle due to the Long Island Power Authority lawsuit over the value of Northport Power Station, as LIPA claims it has been overtaxed. LIPA is seeking a 90 percent reduction of its annual taxes, a difference of approximately $56 million and growing. Marcantonio said he believes the town should not have to pay a dime in back pay.

“This lawsuit is a total fraud, an utter and total fraud, and we are going to fight this,” Marcantonio said. “We need a legislative contingency plan.”

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