Opinion
September 3, 1976
Cross appeals from a modified order and judgment of the Supreme Court at Special Term, entered September 2, 1976, which, in a proceeding pursuant to section 330 of the Election Law, denied the motions of respondent State Board of Elections and respondent Peyser to dismiss on jurisdictional grounds and further denied, on the merits, petitioner's application to invalidate the petition of respondent Peyser designating him as a candidate for the public office of United States Senator from the State of New York in a Republican Party primary election. The present proceeding was not instituted within the 14-day period required by subdivision 1 of section 330 of the Election Law (Matter of Burton v Coveney, 32 N.Y.2d 842; Matter of Squitieri v Power, 25 N.Y.2d 801; Matter of Thompson v New York State Bd. of Elections, 54 A.D.2d 531, affd 40 N.Y.2d 814; cf. Matter of Pell v Coveney, 37 N.Y.2d 494; Matter of Sagendorf v Monahan, 49 A.D.2d 960, mot for lv to app den 37 N.Y.2d 711). Here, petitioner Bruno had three days after the filing of his specifications of objections within which to institute the present proceeding. Therefore, Special Term improperly denied the motions to dismiss. This holding precludes our consideration of the merits. Modified order and judgment reversed, on the law, and petition dismissed, without costs. Koreman, P.J., Sweeney, Mahoney, Larkin and Herlihy, JJ., concur.