Opinion
October 1, 1993
Appeal from the Supreme Court, Erie County, Rossetti, J.
Present — Callahan, J.P., Lawton, Fallon, Boomer and Boehm, JJ. (Filed Aug. 20, 1993.)
Order unanimously affirmed without costs. Memorandum: We agree with Supreme Court that the 1992 amendment to Election Law § 16-102 (2) (L 1992, ch 79, § 27) did not extend the time of petitioners to commence this proceeding. By its clear and unambiguous language, the amendment permits a proceeding to be commenced within three business days after the board "makes a determination of invalidity with respect to such petition". It does not apply to this proceeding brought to invalidate a petition that was not invalidated by the board.