Republican James Milano of Oyster Bay and Rep. Gary Ackerman...

Republican James Milano of Oyster Bay and Rep. Gary Ackerman of Roslyn Heights. Credit: Newsday.com composite

Republican James Milano of Oyster Bay says he can beat 14-term Rep. Gary Ackerman of Roslyn Heights.

"Ackerman has been there too long," said Milano, an emergency room physician at the St. Francis Heart Center in Roslyn. "He has become stale, with no new legislation. And he supported [President Barack] Obama's health care program."

Milano, 43, who also has the Conservative line, said, "The nation is in crisis. Our economy is sinking, led by unacceptably high unemployment and the recent Obama-sponsored health care legislation that has been a big cause of people being laid off at small businesses."

Ackerman, 69, a Democrat who also has the Working Families and Independence lines, said he is not taking the election for granted and blasted his opponent. "He's a carpetbagging, party switching, tea party supported Sarah Palin-lite, who doesn't live in the district," he said. "He knows nothing about . . . and has no core values relative to my district."

Ackerman, a former teacher, community newspaper publisher and state senator who lived most of his life in Queens, bought his residence in Roslyn Heights in December 2007. The 27-year congressman had $867,000 in cash on hand as of Sept. 30, compared with Milano's total of about $9,400, campaign finance reports show.

First run for office

Milano grew up in Elmont and lives in Oyster Bay, outside the district, though he has lived in Manorhaven, which is in it.

Officially still a Democrat, he is making his first run for public office. He was backed by the Republicans in Queens, where most of 5th Congressional District is located. Even though he won the GOP primary, his Republican voter registration won't be final until after the election. Milano also notes that living in the district is not a requirement for election, and that he has worked in it for the past 11 years

Of his move to the GOP, Milano said he "didn't leave the Democrats, the party left me."

Also running is Manhattan lawyer Elizabeth Berney, of Great Neck, who two years ago lost to Ackerman and last month lost the GOP primary to Milano but is on the ballot with the Tax Revolt party line.

Health care vote at issue

Milano is particularly critical of Ackerman for voting for the health care overhaul. The idea of the law was to bring down costs while increasing availability, he said. "Instead, it increased costs for government, businesses and the regular taxpayer," he said.

As a congressman, Milano said, he would have the prescription to revitalize the nation: "Address the unemployment rate, poverty, the weakening national security and repeal the health care overhaul. Then expand the economy by job creation.

"With jobs, comes health care," he argued.

Ackerman, however, said he "strongly supports" the new health care program that covers millions of youngsters for the first time, prevents the denial of care to those with pre-existing conditions, and eliminates annual and lifetime caps on coverage.

"What I regret [about the law] and would change," Ackerman said, "is that there is no public option."

Milano, who also has attracted tea party support, attacked Ackerman for his relationship with the California defense/optics firm, Xenonics Inc.

Milano cited news reports that Ackerman arranged a meeting in his office between a firm representative and Israeli officials, and that a major stockholder in the firm later loaned Ackerman $14,000. Ackerman used the money to purchase Xenonics stock he later sold for $100,000. "We're going to ask him publicly to give a full financial disclosure," Milano said.

Ackerman says he divulged the loan and the stock transactions on his financial disclosure forms and has done nothing wrong.

Ackerman said he got the loan from Selig Zises in 2002, the year after the meeting with the Israeli officials. "One thing had nothing to do with the other," Ackerman said. "I was trying to help the Israelis. But they never bought anything from Xenonics."

Ackerman said he bought Xenonics stock with the loan, and repaid it with 6 percent interest. Ackerman's House disclosure for 2002 lists a personal note of $10,001 to $15,000 from Zises, and the purchase of Xenonics options worth $1,001 to $15,000. Ackerman's 2006 disclosure lists a Xenonics sale valued at $50,001 to $100,000. Disclosure forms seek ranges, not specific amounts. "I made a profit," Ackerman said. "End of story. That's the American way."

On key committees

Ackerman is vice chairman of the Foreign Relations Committee and chairman of its subcommittee on the Middle East and South Asia and also serves on the Financial Services Committee. The last has jurisdiction over issues critical to New York City and Long Island, such as banking and finance, housing programs, insurance regulation and monetary policy.

Ackerman calls himself "a champion on consumer rights and a fighter for financial community reform."

He has sponsored laws that require banks and financial companies to notify consumers when negative information goes onto their credit reports and prevent credit card companies from charging customers fees to pay bills online or by phone.

Ackerman said he is running for re-election to "continue to confront the immense challenges facing our nation in . . . creating and retaining jobs, spurring economic growth, education, national security, assisting veterans and seniors . . . [and] cutting taxes for the middle class and helping small businesses."

The Fifth District has 172,463 registered Democrats; 62,576 Republicans; 68,205 non-affiliated voters and about 10,000 people spread among smaller parties.

ON THE BALLOT

Gary Ackerman

Age: 69

Home: Roslyn Heights

Education: B.A., Queens College, 1965

Family: Wife, Rita; three children.

Career: Public high school teacher in Queens, 1965-70. Weekly newspaper editor and publisher in Queens, 1970-78. New York State senator, 1979-83. Elected to Congress in a special election in 1983. Vice chairman, House Committee on Foreign Affairs; chairman of the subcommittee on the Middle East and South Asia.

Interest group scorecards

Americans for Democratic Action: 100% (2009) Liberal activist group

AFL-CIO: 90%* Represents major labor unions

U.S. Chamber of Commerce: 32%* Business federation

American Conservative Union: 0% Conservative activist group

*Lifetime as of 2009. All scores represent the percentage of votes in Congress in favor of the group's agenda


James Milano

Age: 43

Home: Oyster Bay

Education: B.S., SUNY Stony Brook, 1989; MD, Baylor College of Medicine, 1993

Family: Wife, Elaine; three children.

Career: Emergency-room physician, St. Francis Hospital, Roslyn, where he has practiced medicine for more than a decade.


Elizabeth Berney

Age: 55

Home: Great Neck

Career: Corporate litigation attorney who is making her second run for the seat

NewsdayTV's Doug Geed visits two wineries and a fish market, and then it's time for holiday cheer, with a visit to a bakery and poinsettia greenhouses. Credit: Randee Dadonna

Out East with Doug Geed: Wine harvests, a fish market, baked treats and poinsettias NewsdayTV's Doug Geed visits two wineries and a fish market, and then it's time for holiday cheer, with a visit to a bakery and poinsettia greenhouses.

NewsdayTV's Doug Geed visits two wineries and a fish market, and then it's time for holiday cheer, with a visit to a bakery and poinsettia greenhouses. Credit: Randee Dadonna

Out East with Doug Geed: Wine harvests, a fish market, baked treats and poinsettias NewsdayTV's Doug Geed visits two wineries and a fish market, and then it's time for holiday cheer, with a visit to a bakery and poinsettia greenhouses.

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