Judge says Suffolk candidate was a nonresident

A Suffolk candidate touted by state Senate Democrats seeking to expand their house majority has been ruled off the ballot, based on having resided outside the state within the past five years.

State Supreme Court Justice John C. Bivona, a Democrat, late Monday voided the petitions of Regina Calcaterra to run on the Democratic and Working Families lines against veteran Sen. Kenneth LaValle (R-Port Jefferson).

Calcaterra's lawyer Jerry Goldfeder said, "We're looking forward to the Appellate Division reversing" the ruling in an appeal to be heard next Tuesday.

Under a 2007 high-court ruling, a legislator must reside in New York for five years "immediately preceding his or her election." Bivona said for part of 2005 and 2006 Calcaterra voted, maintained her bank account, filed income taxes and got a divorce in Pennsylvania, and surrendered her New York driver's license.

Bivona also blasted as "shameful" claims of fraud by citizen plaintiffs - Ely Chaimowitz, Mary Magnifico and Maria Re-Kilmartin.