In a statement, Fossella didn’t completely rule out running for his seat again, instead simply stating that he is not currently a candidate.

Local politicians and news outlets reported over the weekend that a poll was being conducted in the 13th district to gauge support for a Fossella candidacy, four months after a drunken driving arrest and revelations about an out-of-wedlock child forced the New York Republican to announce his retirement.

Staten Island borough President James Molinaro, who managed Fossella’s first campaign, said Monday that he has heard from four separate residents of the district that they received polling phone calls testing Fossella against New York City Councilman Mike McMahon, the Democratic nominee for the seat.

Molinaro said he hadn’t spoken with Fossella personally but that he believed the question was meant to test the congressional race this year. Some have speculated that Fossella might pursue Molinaro’s seat when the president is term-limited in 2009.

“Why would you take a poll a year before?” Molinaro said. “And, No. 2, he has a court date in October on the DWI. That’s going to have some effect depending on how it works out. So why would you take a poll now?”

Fossella was arrested in Virginia in May and charged with driving under the influence of alcohol. His blood alcohol content, 0.17 percent, was more than twice the legal limit.

Revelations followed that he was actually en route to the house of the woman with whom he had an affair and a child.

Fossella soon announced that he would not seek reelection.

The primary in New York was held a week ago, meaning that, in order for Fossella to return to the ballot, one of the nominated candidates would have to die, move out of state or run for a judgeship.

GOP nominee Robert Straniere said he’s staying right where he is.

Asked if he would cede to Fossella if the congressman asked him to, the retired former assemblyman said, “I am not going anywhere, except to Washington as a congressman.”

Straniere blamed the rumors on his political opponents – Republicans, of which there are many, and Democrats.

He noted that he has campaigned closely with Fossella’s father and said the congressman himself has been supportive.

Potentially complicating a resurrected candidacy would be the fact that Fossella’s drunken driving trial is set to be held just more than two weeks before the November election, in mid-October. Fossella faces five days in jail if convicted.

With that situation still yet to blow over, there was also speculation that Fossella might not only be eyeing the borough presidency in 2009 but also his House seat in two years.

A GOP source close to the congressman said Fossella’s relatives are “strategizing to get him to run in 2010.”

McMahon is a heavy favorite at this point and on Saturday notched Molinaro’s endorsement.

Molinaro told The Hill on Monday that his endorsement of McMahon stood whether Fossella reentered the race or not.

“My endorsement to McMahon stands, no matter who gets into the race, including myself,” Molinaro said. “You don’t give endorsements and take back.”

The endorsement of Molinaro, a member of the GOP-friendly Conservative Party, is further evidence of Straniere’s rocky relationship with local conservative power brokers.

Straniere became the party standard-bearer only after several other well-known candidates, including Richmond County District Attorney Daniel Donovan and state Sen. Andrew Lanza, passed on a run and a previous GOP candidate, Frank Powers, died.

Straniere has run a shoe-string campaign, winning the primary with only about $50,000 raised, according to Federal Election Commission reports.

In that race, borough party finance chairman Dr. Jamshad “Jim” Wyne loaned his campaign $300,000, but Straniere beat him 59-41.

McMahon sailed to victory in the Democratic primary, taking 75 percent of the vote against 2006 nominee Stephen Harrison.

Another option would be for Fossella to replace Conservative Party nominee Paul Atanasio. But, in that case, he could be splitting conservative-leaning voters with Straniere and giving McMahon even more of an advantage.

Betsy Rothstein contributed to this report.