Opinion
2022–03390 Index No. 491/22
05-12-2022
In the Matter of Rene A. HILL, et al., appellants, BOARD OF ELECTIONS IN the CITY OF NEW YORK, respondent, Kellie M. Ullah, respondent-respondent.
DECISION & ORDER
In a proceeding pursuant to Election Law § 16–102, inter alia, to validate petitions designating (1) Rene A. Hill as a candidate in a primary election to be held on June 28, 2022, for the Democratic Party position of Assembly District Leader (Female) for the 29th Assembly District, Part A, and (2) Bernard T. Harrigan as a candidate in a primary election to be held on June 28, 2022, for the Democratic Party position of Assembly District Leader (Male) for the 29th Assembly District, Part A, the petitioners appeal from a final order of the Supreme Court, Queens County (Leonard Livote, J.), entered May 4, 2022. The final order denied the petition, inter alia, to validate and dismissed the proceeding.
ORDERED that the final order is affirmed, without costs or disbursements.
The petitioners commenced this proceeding, inter alia, to validate petitions designating Rene A. Hill as a candidate in a primary election to be held on June 28, 2022, for the Democratic Party position of Assembly District Leader (Female) for the 29th Assembly District, Part A, and Bernard T. Harrigan as a candidate in a primary election to be held on June 28, 2022, for the Democratic Party position of Assembly District Leader (Male) for the 29th Assembly District, Part A. In a final order entered May 4, 2022, the Supreme Court denied the petition, inter alia, to validate and dismissed the proceeding.
"A petitioner raising a challenge under Election Law § 16-102 must commence the proceeding and complete service on all the necessary parties within the period prescribed by Election Law § 16-102(2)" ( Matter of Wilson v. Garfinkle , 5 A.D.3d 409, 410, 772 N.Y.S.2d 552 ; see Matter of Yellico v. Ringer , 185 A.D.2d 965, 586 N.Y.S.2d 836 ). Here, the petitioners failed to sufficiently demonstrate that they completed service within the time prescribed. Accordingly, the Supreme Court properly denied the petition, inter alia, to validate and dismissed the proceeding (see Matter of Wilson v. Garfinkle , 5 A.D.3d at 410, 772 N.Y.S.2d 552 ; Matter of Yellico v. Ringer , 185 A.D.2d 965, 586 N.Y.S.2d 836 ).
In light of our determination, we need not reach the petitioners’ remaining contentions.
IANNACCI, J.P., CHAMBERS, GENOVESI and DOWLING, JJ., concur.