Nassau judge rules Petros Krommidas can stay on ballot despite being missing for months

The Democratic candidate for Nassau County Legislature who has been missing since April will remain on the November ballot, a judge ruled Monday, siding with Republicans against an effort to substitute him with another candidate.

Petros Krommidas, 29, of Baldwin, was the Nassau County Democratic Committee's pick in March to unseat first-term Republican Legis. Patrick Mullaney of the 4th Legislative District. Earlier this month, the Democratic commissioner of the county Board of Elections filed a "Certificate of Substitution" to replace Krommidas on the ballot with Democrat James Hodge, a Long Beach community advocate.

Republicans brought a lawsuit on Sept. 11 and won with State Supreme Court Justice Gary Knobel ordering Krommidas’ name to remain on the ballot. Nassau County's 4th Legislative District covers the communities on the South Shore, including Long Beach and Oceanside.

Knobel argued the “ ‘missing person’ status does not qualify as a vacancy that can be filled," according to the court decision. He also said Krommidas "has not been legally declared deceased."

Krommidas was last seen around 9 p.m. on April 23 and was reported missing the next day. Police have said Krommidas' vehicle was found parked near the Long Beach boardwalk and his clothing was found on the beach. Foul play was not suspected, police have said, and he was believed to have been training for a triathlon and was known to swim in the ocean in the evenings.

His disappearance touched off an extensive search with hundreds of volunteers aiding authorities in combing the shoreline of south Nassau and Queens for weeks.

Keith Corbett, an attorney for the Democrats, said he did not agree with the decision. "Judge Knobel is a fine jurist. However the law does not allow for him to determine if someone is missing or dead," Corbett said.

Stephen Martir, an attorney for the Republicans, declined to comment.

It was unclear on Monday whether the Democrats would file an appeal. Early voting begins on Oct. 25; Election Day is Nov. 4.

There are 19 legislature races as well as countywide offices on the ballot in Nassau.

By Candice Ferrette

candice.ferrette@newsday.comcandiceferrette

Candice Ferrette covers Nassau County government and politics on Long Island. She has been a reporter at Newsday since 2011.