Opinion
2002-07776
Argued August 27, 2002.
August 28, 2002.
In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate petitions designating the named respondents as candidates in a primary election to be held on September 10, 2002, for the nomination of the Independence Party as its candidates for the positions of Members of the Independence Party State Committee for the 1st, 2d 3rd, 4th, 5th, 6th, 7th, 8th, 9th, 10th and 11th Assembly Districts, Suffolk County, respectively, the appeal is from a final order of the Supreme Court, Suffolk County (Kitson, J.), dated August 22, 2002, which denied the petition and dismissed the proceeding.
Before: NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, WILLIAM D. FRIEDMANN, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
ORDERED that the final order is affirmed, without costs or disbursements.
It is undisputed that the last day to commence this proceeding was August 8, 2002 (see Election Law § 16-102). Since the order to show cause was not filed until after the expiration of the statute of limitations, the petitioners failed to comply with the requirements of CPLR 203(c)(1). Therefore, the petition was properly dismissed as untimely (see CPLR 203[c][1]; 105[b]; 403[d]).
SMITH, J.P., GOLDSTEIN, FRIEDMANN, MASTRO and RIVERA, JJ., concur.