Opinion
Argued September 10, 1999
September 10, 1999
In a proceeding pursuant to Election Law § 16-102 Elec. to invalidate a petition for an opportunity to ballot by providing for a write-in candidate in a primary election to be held on September 14, 1999, for the nomination of the Independence Party as its candidate for the public office of Member of the Dutchess County Legislature, District 7, the appeal is from a final order of the Supreme Court, Dutchess County (Beisner, J.), dated September 9, 1999, which denied the petition and dismissed the proceeding.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, WILLIAM D. FRIEDMANN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the final order is affirmed, without costs or disbursements.
Contrary to the appellant's contention, the Supreme Court did not err in denying the petition for failure to commence the proceeding within the time prescribed by Election Law § 16-102 Elec. (2) ( see, Matter of Bessinger v. Mahoney, 153 A.D.2d 791).
In light of our determination, we need not reach the appellant's remaining contention.
SANTUCCI, J.P., JOY, FRIEDMANN, and GOLDSTEIN, JJ., concur.