Mayor Robert Levy called in sick September 26 and was not seen since. The Atlantic City officials want his office declared vacant. That would clear the way for the council to name a replacement.

City Councilman Bruce Ward has called Levy's disappearance "a national embarrassment." A spokesman said that Levy is in a hospital

Levy's lawyer said Monday "Within just a couple days, I will have a further statement on the mayor's circumstances"

Last fall, the Press of Atlantic City reported that the Vietnam veteran's claims that he was a member of the Green Berets were untrue. He apologized. Federal authorities have been looking into whether the 64-year-old Levy made that claim to increase his veteran's benefit payments. Since he disappeared, the city business administrator Dominic Cappella has been in charge.