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Candidates to meet again on the ballot in November

Theresa Whelan and Tara Scully discuss their Democratic primary race, which takes place Sept. 13, during an exclusive interview at TBR News Media in Setauket Sept. 6. Photos by Kyle Barr

Their first race is in the books, but the more important one is yet to come.

Family Court Judge Theresa Whelan defeated attorney Tara Scully in the Democratic primary Sept. 13 to secure a spot on the November ballot in the race to preside over Suffolk County’s Surrogate’s Court. Whelan received nearly 65 percent of the vote, besting Scully 38,674 to 21,040 votes.

“Last night was a great victory for Democrats,” Whelan said in a statement Sept. 14. “I want to thank the voters of Suffolk County and Democratic Chairman Rich Schaffer for having confidence in me and my credentials. I’m looking forward to presenting my 10 years of judicial experience and 30 years of courtroom experience to the voters in November.”

“Last night was a great victory for Democrats.”

— Theresa Whelan

A spokesperson for Scully’s campaign characterized the primary result as a win for the candidate.

“Tara scored her first victory in July, when her entrance into the race forced party leaders to scrap their plan to make a Conservative the candidate of the Democratic Party and scurry to find a Plan B,” campaign spokesman James Walsh said in a statement. “Today, more than 21,000 Democrats who voted to make Tara the candidate of their party sent a clear message to the party bosses that they are fed up with cross-endorsement deals. Tara is still the only candidate for Surrogate nominated by the people. No other candidate gathered a single signature to get into the race. We are confident that she will have broad support across party lines in the General Election.”

The nearly 60,000 voters in the closed primary represented a significant turnout jump from the last time Democrats went to the polls. On June 26, a little more than 32,000 Suffolk County residents registered as Democrats voted in Congressional primaries for the 1st and 2nd districts combined, though the Sept. 13 primary also featured New York gubernatorial, lieutenant governor and attorney general candidates.

“Today, more than 21,000 Democrats who voted to make Tara the candidate of their party sent a clear message to the party bosses that they are fed up with cross-endorsement deals.”

— James Walsh

The Surrogate’s Court race came under scrutiny after Newsday ran an editorial publicizing the political patronage and cross-endorsement agreements that highlighted the race. Newsday reported earlier this year District Court Judge Marian Rose Tinari, who is married to Suffolk’s Conservative Party Chairman Frank Tinari, and is a Conservative herself, had secured the Democratic Party line in the Surrogate’s Court race as a result of a deal with Suffolk Democratic Committee Chairman Rich Schaffer.
As a result, Scully said she gathered enough petitions to run on both Democratic and Republican lines in July to offer voters an alternative. When presented with Scully as a primary challenger, Tinari dropped out. The Democratic Party then nominated Whelan, who calls herself a life-long Democrat.

Despite Thursday’s primary defeat, Scully has secured the Republican Party line in the race for Surrogate’s court and will face off Whelan again at the polls in less than two months.

Judge John Czygier Jr., who currently oversees the county’s Surrogate’s Court, is nearing the mandatory retirement age, leaving a vacancy Scully and Whelan are competing to fill. The position, which yields a salary in excess of $200,000, carries a 10-year term, and the occupant may serve until age 70.

Surrogate’s Court is responsible for handling all issues involving wills and the estates of people who die. The court also handles guardianship hearings and some adoption cases for children whose parents are deceased. Each of New York state’s 62 counties has one surrogate judge except New York and Kings counties, which have two each.

This post was updated Sept. 18.

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Three Village Civic Association held a forum Sept. 4 during which Brookhaven Councilwoman Valerie Cartright, Rich Johannesen, Mary Ann Johnston and Anthony Figliola weighed in on an upcoming referendum in Brookhaven. Photo by Alex Petroski

Brookhaven Town has taken steps to change laws pertaining to terms of office for elected officials, but civically minded citizens are discussing it before jumping on board just yet. The Three Village Civic Association hosted a forum Sept. 4 at Emma S. Clark Memorial Library featuring four experts to discuss the proposal, which will appear on November’s ballot in the form of a referendum to be passed or failed by Brookhaven voters. Audience members came from as far afield as Medford and Patchogue.

The speakers included 1st District Councilwoman Valerie Cartright (D-Port Jefferson Station); Rich Johannesen, a veteran of local politics considered an expert in governmental workings, who helped lead a citizens initiative to establish council districts in the town more than 15 years ago; MaryAnn Johnston, president of the Affiliated Brookhaven Civic Organizations who also has seen more than her fair share of political races and policy discussions; and Anthony Figliola, former Brookhaven deputy supervisor and vice president of Empire Government Strategies, a company that provides strategic counsel on governmental relations and practices to municipalities.

Brookhaven’s board voted unanimously Aug. 2 to establish a referendum on the ballot Nov. 6 asking town residents to weigh in on changes to terms in office for elected officials, specifically increasing terms from two years, as is currently the law, to four years for councilmembers, the supervisor and highway superintendent, which would put it on par with the other Suffolk townships. The referendum will have a second component as part of the same, single “yea” or “nay” question: limiting officials to three terms in office. That component would impact the above positions, as well as town clerk and receiver of taxes. Both components will appear as part of a single proposition, according to Town Attorney Annette Eaderesto. If passed the law would go into effect for terms beginning Jan. 1, 2020.

In 1993, residents voted to implement a limit of three terms of four years each on elected officials, though that law was no longer applicable following a 2002 public vote to establish council districts since state law dictates councilmembers in towns with council districts serve two-year terms, according to Emily Pines, Romaine’s chief of staff and a former New York State Supreme Court justice, who spoke during the Aug. 2 town hearing.

Some of the speakers at the Sept. 4 civic forum took issue with Brookhaven’s interpretation that the law of the town isn’t already limiting elected officials to serving three terms, calling on politicians to solicit an opinion from the state attorney general. Others pointed to language which could allow sitting board members to start their term clocks afresh, despite having served several terms already on the board, as particularly objectionable. Some suggested the referendum felt rushed saying, waiting a year would ensure full community awareness about the town’s intentions.

Below are some of the comments from the civic association’s invited guests in a session moderated by the civic’s Herb Mones:

Johannesen: “I’m going to be very clear — I oppose four-year terms. The longer we allow elected officials to serve without putting them before us, the more likely it is that they are going to become corrupt. I think if you look at the history of corruption in this town and you look at the history of corruption in this county, one of the reasons why our elected officials have gone south is because there were no checks and balances. There hasn’t really been the kind of political diversity we were hoping for.”

Johnston: “The founders thought it was good enough for our congressmen to be two years; the state constitution provides for our assemblymen and our senators to be two years. And if the problem is raising funds for political campaigns, then the issue isn’t the length of term, because we have no guarantee they’ll ever stop raising funds and do it continually for four years. This is what the voters want: We chose councilmatic districts and the Town of Brookhaven fought us tooth and nail all the way down the line. And now they’re telling us that the 1993 referendum that we enacted was repealed by council districts. That’s not true. We already have term limits. It can’t be repealed by implication.”

Figliola: “To be perfectly candid, whether it’s two years or four years, you can’t legislate human conduct. So, if people are going to be corrupt, they’re going to be corrupt. I think that’s what prosecutors are for. It’s very hard to get elected if you’re a challenger unless it’s an open seat. It’s possible … but it’s difficult. That doesn’t have anything to do with corruption. I believe term limits can help, they can’t completely stop it, but can help because it will open up an opportunity for citizen legislators to be able to run. What this will do is, this will say ‘you have consecutively or nonconsecutively three four-year terms and then you’re out.’”

Cartright: “As you all know, two town board meetings ago, I voted in support of putting this on the ballot for a vote. This has been something that me and my colleagues have been discussing for quite some time — at least four years or so. I think this is an important discussion that needs to be had. Am I advocating one or another? I am not. I understand both sides. My personal opinion is that for good governance, I do think that four years would be better than two years, based on my experiences.”

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Scully and Whelan face off in Democratic Primary Sept. 13, but they could meet again in the general election

Theresa Whelan and Tara Scully discuss their Democratic primary race, which takes place Sept. 13, during an exclusive interview at TBR News Media in Setauket Sept. 6. Photos by Kyle Barr

By Kyle Barr and Alex Petroski

Political races for local judgeships don’t tend to garner much attention, but the 2018 race to preside over Suffolk County’s Surrogate’s Court is breaking the mold.

Judge John Czygier Jr., who currently oversees the county’s Surrogate’s Court, is nearing the mandatory retirement age, leaving a vacancy candidates Tara Scully and Theresa Whelan are competing to fill. The position, which yields a salary in excess of $200,000, carries a 10-year term, and the occupant may serve until age 70. The candidates face off in the Democratic primary Sept. 13 for the party line in the general election.

The situation has drawn criticism far and wide, largely on the practice of cross-party endorsement deals. The candidates sat down Sept. 6 for an exclusive interview with TBR News Media’s editorial staff to set the record straight.

What is Surrogate’s Court?

Surrogate’s Court is responsible for handling all issues involving wills and the estates of people who die. The court also handles guardianship hearings and some adoption cases for children whose parents are deceased. Each of New York state’s 62 counties has one surrogate judge except New York and Kings counties, which have two each. The court’s rulings can involve large amounts of money, making it uniquely susceptible to political patronage.

Scully and Whelan both said they have the utmost respect for Czygier and seek to continue his legacy and practices.

“Surrogate’s Court is there to help families when they can’t really help themselves,” Whelan said. “It has to be fair.”

Scully stressed the importance of having empathy in Surrogate’s Court.

“It’s a sanctuary and it needs to be treated like that,” she said. “People there are dealing with extremely difficult issues.”

Family Court Judge Whelan vies for nod

“I thought that it was important that an actual Democrat represented the Democratic Party in this race.”

— Theresa Whelan

Whelan, 56, a Wading River resident, said she is throwing her hat into the ring for the Democratic nomination because of her qualifications and experience.

“I have the bench experience,” Whelan, a registered Democrat, said. “I thought that it was important that an actual Democrat represented the Democratic Party in this race.”

The nominee took the bench in Suffolk County Family Court in 2008, before becoming the supervising judge in 2016. There, she hears primarily abuse and neglect cases. Her responsibilities include overseeing nine judges and seven support magistrates in two courthouses.

“I have assisted hundreds, if not thousands of children to be successfully reunited with their parents,” Whelan said. “And if that’s not possible, we try to find them another loving option.”

Since 2009, Whelan has led Suffolk County’s Child Welfare Court Improvement Project, an initiative to address court practices when a child is removed from a parent’s care while trying to ensure their safety and well-being.

The nominee said she is an active member of the Suffolk County Bar Association and often lectures for them. She co-chaired Suffolk’s Family Court & Matrimonial Law committee for three years and is a former president of the Suffolk County Women’s Bar Association. Whelan’s husband, Thomas, is also a judge, currently serving as a Suffolk County Supreme Court justice.

Despite current calls for an end to party patronage, Whelan said the position she’s running for is not a tool to fix the political system. She hopes to win on her own merits.

“I have support of statewide judges, the chief judge, the administrative judge, the bar association, etc. [in my roll on the Family Court],” the nominee said. “I stand here as my own candidate.”

Scully cites her experience in elder law

Scully, 41, of Setauket, said she’s seeking the Democratic nomination after calls by Newsday and other elected officials to challenge the patronage system affecting this and other judicial races.

A registered Republican, she pointed to her years working in elder law as part of the experience she can bring to the Surrogate’s bench.

“I do recognize I have an uphill battle,” Scully said. “But I love the Surrogate’s Court, and I believe the sanctity of our courts has to be preserved.”

Scully started her career working in the executive chamber of former New York State Gov. George Pataki (R), before serving as counsel in guardianship proceedings for the state’s Appellate Division’s Mental Hygiene Legal Service. Like Whelan, she also is a former president of the Suffolk County Women’s Bar Association.

Scully began her Port Jefferson-based practice in 2011 focusing on elder law. She said she has extensive experience in estate planning and administration, asset protection and guardianship proceedings, all of which she said would be important knowledge for Surrogate’s Court. Like Whelan, Scully also has political connections in the family as her father, Peter Scully, has name recognition in Suffolk County. He previously served as the regional chief for the New York State Department of Environmental Conservation and currently works as one of County Executive Steve Bellone’s (D) deputies.

Tara Scully said she often provides free legal representation for indigent seniors, veterans and those with disabilities.

“I have a poor business sense in the amount of pro bono work I take on,” Scully said.

In 2015, Scully ran for Brookhaven Town District Court judge where she said she saw firsthand the way party patronage has entwined itself with politics after turning down a cross-endorsement deal. She lost by 173 votes.

“I was so green I didn’t realize at the point that in many circumstances it was business as usual,” Scully said. “I think a lot of people were upset with me that my gut reaction was revulsion.”

Political backstory

“Cross-endorsement deals are dictating who our judicial choices are, and the voter is unaware an individual without political backing, without a political upbringing or allegiance to political parties is never going to take the bench.”

— Tara Scully

Although judges are expected to set aside their personal beliefs, politics has marred the race, though not necessarily thanks to the candidates themselves. Neither Whelan nor Scully were involved in this race as of early summer. Newsday reported earlier this year District Court Judge Marian Rose Tinari, who is married to Conservative Party chairman, Frank Tinari, and is a Conservative herself, had secured the Democratic Party line in the Surrogate’s Court race as a result of a deal with Suffolk Democratic Party chairman, Rich Schaffer, which was one of many similar deals between Suffolk party bosses.

In June, Newsday ran an editorial in the form of a want ad, calling for a candidate “with a backbone to resist pressure from political bosses,” in response to the cross-endorsement of Tinari. Scully said she sprang into action as a result of the editorial to meet a tight deadline, and garnered enough signatures to run as both a Democrat and Republican. With a primary challenger stepping up to the plate, Tinari withdrew. Democrats then selected Whelan, who called herself a lifelong Democrat, as their candidate.

Scully has argued her decision to enter the Democratic primary — despite being a registered Republican — has provided voters with a more transparent choice than if a Conservative had remained on the Democrat line.

“I think the real point is six weeks ago, eight weeks ago, the Democrat candidate was a Conservative, and Democrats would go in and vote and not have any idea that the individual they’re voting for is not in line with their party philosophies,” Scully said. “Cross-endorsement deals are dictating who our judicial choices are, and the voter is unaware an individual without political backing, without a political upbringing or allegiance to political parties is never going to take the bench.”

Whelan argued that voters are equally in the dark with a Republican in a Democratic primary. If she loses Thursday, there will be one name occupying both major party’s lines come November, as Scully has already been penciled onto the ballot by the Republican Party. Whelan joked when voters enter booths Sept. 13 they’ll simply be deciding between two Irish last names with little knowledge of the politics. She also took issue with Scully portraying herself as “standing up for Democratic principles” on her campaign site.

“If I don’t win the primary, voters don’t have a choice, and I think that’s fair to say,” Whelan said. “I’m presenting myself as a Democratic Party member and the experienced judge, so that Tara and I can actually have a real election on Election Day, and I think that’s what she was trying to accomplish in the beginning.”

This post was updated Sept. 11. This post was updated Sept. 12 to clarify a quote from Whelan.

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Trustee Adam DeWitt resigned from Port Jeff's BOE. File photo by Elana Glowatz

If you were out enjoying the last drop of summer at the beach or on vacation you might have missed it. Port Jefferson’s board of education appointed a new member at an Aug. 29 meeting following the Aug. 1 resignation of Adam DeWitt, who was elected to a third term in May 2017.

The board voted 4-1 in favor of appointing Port Jeff resident Ryan Biedenkapp, one of six candidates who ran to fill three open seats in the May 2018 election and placed fourth. New trustee Ryan Walker was the lone vote in opposition of the appointment. He said he wanted to take more time to discuss other options, like opening up the process to interested applicants to be interviewed and selected from by the board, or holding a special election within 90 days of DeWitt’s resignation. René Tidwell, another newly minted member of the board, abstained citing similar reasons to Walker, with whom she campaigned in May.

“I think we’ve had time to discuss it, to bring up our feelings about it,” BOE President Kathleen Brennan said prior to the Aug. 29 vote, referencing a similar discussion at an Aug. 14 meeting, at which the board’s options to fill the vacancy were laid out. “I don’t think that we are rushing this. I think Mr. DeWitt resigned Aug. 1. It’s now the end of the month.”

The board’s options included leaving the seat vacant until the May 2019 vote, holding a special election at a cost of about $10,000, or appointing someone to fill the seat. Members Brennan, David Keegan, Tracy Zamek and Ellen Boehm voted in support of option three to appoint Biedenkapp based on how previous boards handled surprise vacancies in the past.

2018 BOE candidates Ryan Biedenkapp, Mia Farina, Jason Kronberg, René Tidwell, Tracy Zamek and Ryan Walker. File photo by Alex Petroski

“I think we’ve got someone in the community who’s committed to doing it, who’s done the thoughtful work of making the commitment,” Keegan said.

Biedenkapp received nearly 500 votes in May, falling a little more than 100 votes short of Zamek, securing her the third trustee seat.
“I feel like it’s just a no brainer in my opinion,” Zamek said, who had campaigned with Biedenkapp.

The newly appointed trustee could not  immediately be reached  for comment. Although, the board president said she had been in contact with Biedenkapp and he was interested in the position. Brennan said, at the request of the board following the Aug. 14 meeting, she also reached out to trustees who recently stepped down or did not seek re-election to gauge their interest. Both declined.

Tidwell argued the board was in the unique position to appoint someone with qualifications that could be an asset to the board. She supported the idea of doing due diligence to find a new member by conducting interviews and further discussion amongst the BOE.

“I believe our board should also consider all other community members who expressed an interest in serving on the board as well as those who have served previously,” Tidwell said. “I think if this board is going to take the first steps in bridging the divide that has existed in our community, then pursing a transparent and equitable process for filling this vacancy is a first step in the right direction.”

Tidwell’s reference to a community divide was a harkening back to a Dec. 2017 $30 million bond referendum that was overwhelmingly voted down by the community. It sparked a heated community debate based on the items included in the list of proposed projects.

Walker said, in part, he was opposing Biedenkapp’s appointment because the appointee had previously been in favor of adding lights to the athletic fields on Scraggy Hill Road and it would be a betrayal of  Walker’s campaign message. The elected trustee added he would work with the new member if the majority were in favor, a point Tidwell also reiterated.

DeWitt said he was proud of his time on the board, adding that he learned a lot and appreciated his fellow members’ desire to better the community. He also wished his former colleagues well.

“It became increasingly more challenging to attend the meetings because of my work schedule,” DeWitt said.
He is employed as a school principal at a seventh- and eighth-grade building by Longwood school district.
“I don’t like to do anything if I can’t commit fully, it’s not fair to the community,” DeWitt said. “I wish I could continue to make the commitment.”

Biedenkapp’s appointment will run through May 2019.

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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.

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File photo

Huntington Republicans have filed petitions seeking to add an additional party line next to their name on ballots this November.

Suffolk County Board of Elections confirmed that petitions were received seeking to create a Stop LIPA party line, a move conducted with the hope of capitalizing with voters on Long Island Power Authority’s ongoing legal battle with the Town of Huntington over the Northport Power Station.

“We need to send the loudest message we can to Gov. [Andrew] Cuomo. What better way to send a message than to have those who are concerned voice this at the polls.”

— Andrew Raia

“This is a major issue with us losing a major decision in court,” New York State Assemblyman Andrew Raia (R-East Northport) said. “We need to send the loudest message we can to Gov. [Andrew] Cuomo. What better way to send a message than to have those who are concerned voice this at the polls.”

Raia referenced the decision made by Judge Elizabeth Emerson Aug. 16 that dismissed the third-party beneficiary lawsuits brought forth by the Town of Huntington and Northport-East Northport school district in which the judge found LIPA made no promise not to challenge the tax-assessed value of the Northport plant. 

Raia is one of four political candidates who obtained the 1,500 signatures needed to petition for a Stop LIPA ballot line. The three Republicans who joined him are: Jeremy Williams, challenger for the state’s 10th Assembly District; Jim Leonick, candidate for Huntington town council; and Janet Smitelli, campaigning to be Huntington’s receiver of taxes.

Leonick, who previously ran for Huntington’s board in 2017, said he believes LIPA’s lawsuit against the town should be one of the leading issues this election cycle. In campaigning, the candidate said he feels residents haven’t been kept well informed on the situation and need leadership not simply willing to oppose LIPA, but also to consider alternative solutions.

“You are taking a serious issue and you are creating political fodder with it.”

— Joan Cergol

“They haven’t all been open to other methods of addressing the LIPA situation,” Leonick said. “Such as eminent domain or a [British thermal unit] tax. I’m open minded and I think we need to broaden our defense.”

Smitelli could not immediately be reached for comment on her petition to obtain a Stop LIPA party line on the ballot.

Huntington Councilwoman Joan Cergol (D), appointed to her seat earlier this year and running for a full term against Leonick, called Republicans’ effort to create a Stop LIPA line deceptive.

“You are taking a serious issue and you are creating political fodder with it,” she said. “For him to try to create a Stop LIPA line with his name next to it is basically false advertising.”

The councilwoman said both eminent domain and the energy tax have been discussed, but were measures not supported by Republicans in town government. She said having sat through executive sessions with Huntington’s attorney on the matter, she has gained greater knowledge and insight of the issues that have shaped her decisions and public statements. 

“What makes [Leonick] more dedicated or committed to fighting LIPA’s reassessment than me?” she asked. “He didn’t call me up. He doesn’t know.”

“They’re just sorry they didn’t think of it first.” 

— Jim Leonick

Cergol accused Republicans’ canvassers of being deceptive when soliciting signatures for the Stop LIPA petitions, claiming residents thought they were signing a petition to stop the utility company from having the plant reassessed.

“We made an effort to ask volunteers to explain to people exactly what they were signing,” Leonick countered. “We did not do this to be deceptive.”

Suffolk Board of Elections officials said anyone who objected had three days to file a general objection, with six more days to file specific lists of objections. Cergol said her campaign has filed notice of objection with attorneys working on drafting a more specific list of legal objections to be submitted later this week.

“They’re just sorry they didn’t think of it first,” Leonick said.

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Mike Yacubich is hoping to run for the New York State Assembly, but is tied up fighting challenges to his petition. Photo from Yacubich's campaign website

When a Shoreham resident decided to bestow his first name upon his son 25 years ago, no one could have predicted the obstacle it would create for him running for office decades later.

Though an appeal could still be heard this week, the New York State Supreme Court Appellate Division ruled in favor of Republican Mike Yacubich, chief of the Rocky Point Fire Department, who wants to represent New York’s 2nd Assembly District, in a decision levied Aug. 24.

The would-be candidate garnered enough signatures on his petition to be placed on the ballot for the Sept. 13 primary, but was challenged in court by three citizen objectors in the district. The objectors argued that since two Mike Yacubichs — father and son — have lived and are registered to vote at the same address, those who signed the petition approving the elder Yacubich as a political candidate couldn’t have distinguished between he and his son, who also goes by Mike. The argument was heard by the Republican and Democratic commissioners of the Suffolk County Board of Elections —Nick LaLota and Anita Katz, respectively — who brought the case to the Suffolk County Supreme Court. The lower court initially ruled against Yacubich, who then appealed and won to restore his name to the ballot.

“The board exceeded its authority when it invalidated the designating petition on the ground that it could not identify which registered voter was the candidate,” reads the unanimous decision reached by four appeals court judges. “There was no proof that Yacubich intended to confuse voters, or that any voters were confused as to his identity.”

Yacubich hopes to challenge incumbent Anthony Palumbo (R-New Suffolk) in the primary for the right to represent the Republican party on the general election ballot in November, barring an appeal to the Aug. 24 ruling being filed by the objectors this week.

“It’s satisfying to try to be moving forward here, but apparently it’s not meant to be until we can finalize this process,” Yacubich said. “It does make it a little bit difficult, but we’re committed to the program.”

The political hopeful said he couldn’t believe there would be any confusion as to who was running given people in the community know him as “Mike” or “Chief Mike” at the fire department in addition to his past service on the Shoreham-Wading River school district board of education. He added that his son hasn’t lived with him for more than two years.

“I think our argument has been and still is there is no confusion as to who the candidate would be,” he said. “Certainly, my son is not a chief in the fire department, an accountant, has never been a member of the school board.”

A senior official at the BOE, who asked not to be named as the issue continues to be played out in court cases, said the candidate complicated the matter by going with a shortened version of his first name — Mike instead of Michael — as well as opting not to include a middle initial on his petitions, which would have served as a delineator between the father and son.

“If you are attempting to be a state Assembly member, someone responsible for passing laws, details matter,” the official said, adding that the mix up shows a lack of experience on the part of the candidate and his campaign team.

Yacubich rejected the notion the mix up had to do with a lack of experience.

“How could they expect anybody from the public to get through the process if these are the hoops they have to jump through to get on the ballot,” he said. “To be thrown off the ballot for a technicality such as this [is] just unreasonable.”

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Republican candidate Dan DeBono, far right, with this family. Photo from DeBono campaign

First-time political candidate Dan DeBono said there are two different kinds of Republicans. One supports the little guy, and the other only helps the rich get richer.

“There are corporate Republicans and then there’s, like me, middle-class Republicans,” he said. “Corporate Republicans will seek to apply all government power to help conglomerate corporations… enrich the big guy and hope that trickles down to the small guy. Middle-class Republican’s vision of leadership is creating an environment where the middle class can thrive.”

“There are corporate Republicans and then there’s, like me, middle-class Republicans.”

— Dan DeBono

DeBono hopes to bring his vision to the U.S. House of Representatives for the 3rd District,  challenging incumbent Congressman Tom Suozzi (D-Glen Cove) on the Republican party line for the seat this November.

His campaign focuses on middle-class issues due to his upbringing. Born in 1968, he grew up in Northport and graduated from Northport High School. DeBono then attended Holy Cross College in Worcester, Massachusetts on a Reserve Officer Training Corps scholarship that allowed him to join the U.S. Navy SEALs after graduating with a bachelor’s degree in mathematics. The candidate spent four years as an officer in the Navy serving overseas during the Gulf War and U.S. and NATO’s intervention in Bosnia.

After serving, DeBono went to The Booth School of Business at The University of Chicago where he obtained a master’s degree in business administration. He spent the next 20 years in the finance industry. DeBono became involved in the local politics as a committeeman for the Town of Huntington’s Republican Committee and provided financial advice to the presidential campaigns of Mitt Romney (R) and Rudy Giuliani (R).

The Republican candidate said he sees a host of challenges facing Long Island stemming from regulation, taxes and infrastructure problems. It’s hit a breaking point where he says businesses and people do not want to stay here. Given the high cost of living, he sees more and more young people deciding not to stay on the island.

“It’s too expensive to live here and raise a family.”

— Dan DeBono

“It’s too expensive to live here and raise a family,” DeBono said. “The balance between income and cost of living has gotten so out of whack that generally young people are not returning after college.”

He wants to put pressure on both the federal and state government to supply funds to ensure the Long Island Rail Road is overhauled. DeBono also supports plans to cut small-business regulations and reduced state income taxes to help alleviate Long Island’s high cost of living.

While he largely agrees with cutting taxes, the challenger said he would not have voted for the 2018 federal tax cuts simply because the amount of allocated for individuals in lower tax brackets was too small and the duration was too short, only going until 2025. He also said the loss of state and local tax deductions will have a negative impact.

In his campaign, DeBono points to corporate Republicans as those who think of large businesses first and top-down economics whereas he wants to strengthen Long Island’s economy by building up the middle class. DeBono is campaigning on a platform of specifically targeting corporate mergers and consolidations, which he said creates anti-competitive monopolies and oligopolies, as well as targeting regulations that hinder new businesses rising up to compete.

“Industry after industry have concentrated down into three to four players. This is a huge contributor to the destruction of the middle class.” 

— Dan DeBono

“The same pattern of consolidation has occurred in nearly every industry in the United States,” DeBono said. “Industry after industry have concentrated down into three to four players. This is a huge contributor to the destruction of the middle class.”

On other national issues, DeBono said he believes in strong borders and supports efforts to build a wall, or barrier, along the U.S.-Mexico border. The Republican candidate also said he believes health care prices are crippling America’s middle class and he would prefer a market-based solution — but did not rule out a national single-payer system.

DeBono strongly believes in a free and competitive market, but he also supports unions.

“A robust free market will always form the most reasonable and durable form of job protection,” DeBono said. “We have structural issues that must be addressed first before those protections can kick in. At this point in the cycle unions are more important than they’ve ever been.”

DeBono is holding an open house at the Huntington American Legion Post 360, located at 1 Mill Dam Road, Sept. 17 at 6:30 p.m.

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Michael Marcantonio. 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.”

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

Michael Marcantonio. 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.

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