Replacing Rep. Michael Grimm: Contenders Include Eric Garner DA

— -- Several New York Republicans are angling to replace the bad boy of Congress now that Rep. Michael Grimm has decided to resign, but the leading candidate appears to be the district attorney whose office failed to convince a grand jury to indict the police officer involved in the controversial death of Eric Garner.

Richmond County District Attorney Daniel M. Donovan, Jr. sits atop the Republican list. In a statement, Donovan writes he is “deeply flattered by the enthusiastic expressions of support I have received over the last 12 hours, and I am very seriously considering the race.”

Donovan noted that since Grimm announced his resignation late Monday night, his “phone has been ringing off the hook.”

“I will make an announcement after the due deliberation such an important decision deserves,” Donovan wrote.

One New York State Republican insider believes Donovan has the edge to the nomination after running an effective, though losing, campaign for attorney general in 2010. Republican sources rejected the notion that Donovan will have a tougher campaign since the Eric Garner grand jury on Staten Island failed to indict any of the responding officers. The grand jury's actions triggered large protests in New York City.

Donovan was the prosecutor at the center of the controversial case which will undoubtedly come up in the campaign although Republicans say they believe a special election will be about President Obama’s policies in Washington, not New York City policing policies.

Donovan’s chief competitor is considered to be Nicole Malliotakis, a New York state assemblywoman whose district closely aligns itself with Grimm’s congressional district, including Staten Island and part of Brooklyn.

Malliotakis told ABC News she is considering a run for the seat.

“I’m taking a serious look at it now, now that the seat has been vacated,” Malliotakis said. “I do believe I have an advantage because I represent both Brooklyn and Staten Island now currently so I understand the needs of the community."

Malliotakis said she is “deciding if I can serve my constituents better,” but noted the decision will be left to party leaders to decide who “is in the best position to win the seat.”

Unlike a traditional congressional race, there will not be a primary. Instead the GOP will nominate a candidate at a county convention. That date won’t be decided until after Gov. Andrew Cuomo officially announces a special election to fill the vacancy, which has not happened yet. A special election must take place within 70 to 80 days. While House Speaker John Boehner and the National Republican Congressional Committee will undoubtedly offer their input from Washington, it’s really up to the Staten Island County GOP Committee to interview candidates and select a nominee to face a Democratic challenger.

Two GOP sources acknowledge Malliotakis is still a little green and untested at just 34 years old, but she is considered a dynamic, rising star in the New York state party. She beat an incumbent Democrat in 2010 when she came into the state assembly and said she has support on the Brooklyn side, which tends to be more Democratic leaning. Malliotakis won re-election in November with 73 percent of the vote.

Malliotakis acknowledged her youthfulness, but contended it’s her “generation that is being hit time and time again with high taxes and fees... My generation deserves a seat at the table. Our futures are being mortgaged right now.”