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Suffolk lawmaker Mystal resigns over housing flap

Elie Mystal leaves post as DA subpoenas records

Suffolk County presiding officer, Elie Mystal, leaves a Huntington Station home on Klarman Court Tuesday morning. (Photo by James Carbone, James Carbone / May 8, 2008)

BY CHAU LAM | chau.lam@newsday.com

10:45 PM EDT, May 8, 2008

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Suffolk County Deputy presiding officer Elie Mystal has resigned amid questions over whether the Amityville lawmaker lives in the district he represents or did so at the time of his 2007 re-election.

Mystal, a Democrat, stepped down Wednesday, the same day Suffolk County District Attorney Thomas Spota's office subpoenaed his voting and other records from the county board of elections.

"Due to the Suffolk County district attorney's office investigation into my domicile at the time of my re-election in November of 2007, I have decided to resign my office as Suffolk County Legislator for the 15th District effective immediately," Mystal wrote in his brief resignation letter dated May 7.

The Democrats wasted little time Thursday in selecting a replacement, picking DuWayne Gregory, 39, of Amityville, Mystal's legislative aide, as their candidate, said Suffolk Democratic Party Chairman Richard Schaffer.

Edward White, 49, of Copiague, of the Independence Party, who lost a race against Mystal in 2007, said he is interested in running. Leaders of the Republican, Conservative and Independence parties said it's too early to say who they may run for Mystal's seat.

A special election must be held no later than 90 days from the day Mystal resigned to elect a new legislator to serve the remainder of his two-year term, which ends Dec. 31, 2009.

A resolution setting the date for the special election could come as early as next Tuesday, when the full legislature is scheduled to meet in Hauppauge.

Mystal, 62, was first elected in 2004 in a special election, becoming the first African-American to sit in the Suffolk Legislature. He assumed the vacant seat after Maxine Postal, former presiding officer of the legislature, resigned. She died the following day of a rare brain disorder. Mystal was Postal's chief of staff and fiance.

Without Mystal in the legislature, Democrats now have 10 votes, the minimum required to pass legislation. However, they can't always rely on the support of Legis. Ricardo Montano (D-Central Islip), who has not been caucusing with the Democrats.

News of Mystal's resignation spread swiftly through county and local governments Thursday as some remarked on his long career as a Democratic operative who was instrumental in helping the party flourish.

"He is one of the top political strategists, respected by both sides for his ability to crunch numbers and come up with good targeting plans to get out the vote," Schaffer said.

Questions over whether Mystal lives outside his South Shore district raised questions about his eligibility to remain a legislator because county law requires he maintain a residence in the district he represents. He acknowledges splitting time among houses in Florida, Huntington Station and Amityville.

Mystal said he lives in Amityville, which is in his district, with a friend and her family. But several neighbors said they have never seen him on the block.

Mystal said he travels often to Palm Beach County, Fla. -- where his wife and stepdaughters reside -- because he was overseeing the renovations to the house. And, he spent time at a Huntington Station house, which his wife owns and has put up for sale, because he needs to do some repair work.

In 2007, when Mystal was running for re-election, he listed 56 Colonial Rd., Copiague, as his residence. But a tenant who lives there now said she and her family moved into the single-family house in August 2007 and when she came to see it in June it was empty.

Staff writer Rick Brand contributed to this story.