Opinion
February 27, 1989
Appeal from the Supreme Court, Nassau County (McGinity, J.).
Ordered that the order and judgment is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.
Since the order to show cause by which the petitioners sought to institute this proceeding was not served upon the appellants within 10 days of the filing of the certificate of nominations made at the caucus (see, Election Law § 16-102), the proceeding was not timely commenced. The petitioners' failure to commence this proceeding in a timely manner is a jurisdictional defect precluding judicial review of the certificate of nominations (Visconti v Paino, 137 Misc.2d 1, affd 133 A.D.2d 875 on opn at Sup Ct). Mangano, J.P., Bracken, Brown and Harwood, JJ., concur.