 Monserrate filed petitions with the Board of Elections to be entered in the Democratic primary to fill the 39th Assembly District seat (Jackson Heights-Corona) vacated by Jose Peralta following his election to the State Senate.The Queens County Democratic Party endorsed community activist Francisco Moya for the seat.On September 14, 2010, Moya defeated Monserrate in the Democratic primary, 2,711 votes to 1,358 votes.