Opinion
Argued April 24, 2001.
May 14, 2001.
In a proceeding pursuant to Election Law article 16, inter alia, in effect, to nullify the certificate of elected officers and certificate of rules filed by the Nassau County Committee of the Independence Party of the State of New York with the Nassau County Board of Elections, the petitioners appeal from an order and judgment (one paper) of the Supreme Court, Nassau County (Roberto, J.), dated January 26, 2001, which granted the respondents' motion to dismiss the petition as time-barred and dismissed the proceeding.
Joel B. Mayer, New York, N.Y., for appellants.
Jaspan Schlesinger Hoffman, LLP (Stanley Harwood, Steven R. Schlesinger, and Scott B. Fisher of counsel), and Ryan Brennan, LLP, Floral Park, N.Y. (John E. Ryan of counsel), for respondents James L. Kapsis, Beth Anderson, Michael Camardi, Arthur Adelman, Georgia Batsidis, William Bogardt, and Frank MacKay (one brief filed).
Before: RITTER, J.P., KRAUSMAN, H. MILLER and SMITH, JJ.
ORDERED that the order and judgment is affirmed, without costs or disbursements.
The Supreme Court properly concluded that this proceeding was subject to the 10-day period of limitations set forth in Election Law — 16-102(2). Since the proceeding was commenced after that period expired, it was untimely (see, Matter of Essenberg v. Reape, 272 A.D.2d 544; Matter of Firestone v. Siems, 272 A.D.2d 544; Matter of Stabile v. DeFronzo, 231 A.D.2d 577; Matter of Curcio v. Kelly, 193 A.D.2d 738).
The petitioners' remaining contention is without merit.