Opinion
2020–04028 Index No. 1730/20
06-15-2020
In the Matter of Everly D. BROWN, Appellant, v. Commissioners of the CITY OF NEW YORK BOARD OF ELECTIONS, et al., Respondents.
DECISION & ORDER
In a proceeding pursuant to Election Law § 16–102, inter alia, to validate a petition designating the petitioner as a candidate in a primary election to be held on June 23, 2020, for the nomination of the Democratic Party as its candidate for the public office of Member of the New York State Assembly for the 29th Assembly District, the petitioner appeals from a final order of the Supreme Court, Queens County (Joseph J. Esposito, J.), dated May 8, 2020. The final order denied the petition and dismissed the proceeding.
ORDERED that the final order is affirmed, without costs or disbursements.
The petitioner commenced this proceeding pursuant to Election Law § 16–102, inter alia, to validate a petition designating the petitioner as a candidate in a primary election to be held on June 23, 2020, for the nomination of the Democratic Party as its candidate for the public office of Member of the New York State Assembly for the 29th Assembly District. We agree with the Supreme Court's determination to deny the petition and dismiss the proceeding. The petitioner failed to serve the petition in accordance with the service provision of the order to show cause that initiated the proceeding (see Election Law § 16–116 ; Matter of Jean–Louis v. Laurent, 172 A.D.3d 1454, 1455–1456, 101 N.Y.S.3d 448 ; Matter of Streng v. Westchester County Bd. of Elections, 131 A.D.3d 652, 653, 15 N.Y.S.3d 433 ; Matter of Hennessey v. DiCarlo, 21 A.D.3d 505, 505–506, 800 N.Y.S.2d 576 ). Moreover, the proceeding was not timely commenced (see Election Law § 16–102[2] ; Matter of Mandell v. Board of Elections of the City of N.Y., 164 A.D.3d 719, 720, 83 N.Y.S.3d 326 ; Matter of DeStefano v. Borkowski, 153 A.D.3d 817, 818, 59 N.Y.S.3d 804 ; Matter of Gangemi v. Board of Elections in the City of N.Y., 109 A.D.3d 541, 541–542, 970 N.Y.S.2d 470 ).
The petitioner's remaining contention is not properly before this Court.
SCHEINKMAN, P.J., BALKIN, MALTESE and CONNOLLY, JJ., concur.