Opinion
August 18, 1993
Appeal from the Supreme Court, Queens County (Hanophy, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The issue on appeal is whether the Supreme Court erred in dismissing the cross petition of candidate Alan S. Laufer to validate his designating petition on the ground that the cross petition was filed in an untimely fashion. Election Law § 16-102 (2) requires, in relevant part, that "[a] proceeding with respect to a petition shall be instituted within fourteen days after the last day to file the petition" (Election Law § 16-102). In the instant case, the candidate served and filed his answer and cross petition, at the earliest, on August 4, 1993, which was clearly after the statutory time period (see, Election Law § 16-102). Therefore, the Supreme Court properly dismissed the cross petition (see, Matter of Krueger v Richards, 59 N.Y.2d 680; see also, Matter of Dickerson v Daly, 196 A.D.2d 610 [decided herewith]). Mangano, P.J., Thompson, Lawrence and Pizzuto, JJ., concur.