By Kathleen Hunter, Congressional Quarterly, May 13, 2008

13 May 2008 // An initial court appearance by Rep. Vito J. Fossella , R-N.Y., on a misdemeanor charge of driving while intoxicated was scrubbed Monday, as his Staten Island constituents waited to hear whether he plans to resign, retire or run again.

Fossella was arrested May 1 in Alexandria, Va., and had been slated to appear in General District Court there on Monday. Fossella’s attorney, Barry Pollack, said the purpose of the hearing was to establish that the congressman had retained legal counsel. Once he had done so, and the attorneys informed the court in writing that they would represent him, the proceeding was no longer necessary, Pollack said.

Fossella’s legal troubles are only one factor weighing on his political future. Fossella, who is married and has three children with his wife, Mary Pat, acknowledged May 8 that he has a 3-year-old daughter from an extramarital relationship with Laura Fay, a former Air Force officer.

Talk of a possible resignation swept the Capitol at first, but it later appeared more likely that the five-term Republican would decide to serve out his term but not seek re-election.

His hometown newspaper, the Staten Island Advance, reported this morning, “Republican Rep. Vito Fossella might announce that he’s resigning today.

“Or he might say that he’s running for re-election.

“Or that he’s not.”

In other words, as of Monday morning, he had made no announcement.

Citizens for Responsibility and Ethics in Washington (CREW) executive director Melanie Sloan called Monday for an investigation into Fossella and for his resignation.

Whatever Fossella decides, his 13th District seat will be hotly contested in November. Democrats had targeted the district even before Fossella’s arrest, after he drew less than 60 percent of the vote in 2006 against a severely underfunded Democratic opponent.

Two Democrats are already seeking the nomination in the Sept. 9 primary — Stephen A. Harrison,who lost to Fossella two years ago, and New York City Council member Domenic M. Recchia Jr.

Recchia is on track to outraise Harrison; as of April 1, the date of the most recent campaign finance report, Recchia reported raising $350,000 while Harrison reported raising $151,000. Fossella reported raising $851,000.

Several Republicans are seen as possible replacement candidates should Fossella resign or retire, including Staten Island District Attorney Daniel M. Donovan Jr., state Sen. Andrew Lanza and New York City Council members James Oddo and Vincent Ignizio.