Ordered that the appeal from the order dated September 25, 1987, is dismissed, without costs or disbursements, as no appeal lies from the denial of an ex parte application (see, CPLR 5701 [a] [2]; Matter of Bates v. La Vallee, 33 A.D.2d 833; see also, CPLR 5704 [a]), and it is further,

Ordered that the judgment entered October 1, 1987, is affirmed, without costs or disbursements.

The last day on which to institute this proceeding was September 25, 1987, 10 days after the holding of the primary election (see, Election Law § 16-102). The respondent Cartrell B. Gore, Jr., who was declared the winner of the election for the party position sought by the petitioner, was not served with the order to show cause and petition until September 30, 1987. Accordingly, the petition was properly dismissed. Brown, J.P., Lawrence, Weinstein and Eiber, JJ., concur.