Opinion
Argued May 4, 1999
June 14, 1999
In a proceeding pursuant to Election Law article 16, inter alia, to declare the election of the respondent Anthony Mastroianni as Chairman of the Huntington Town Republican Committee void and of no effect, the petitioner appeals from an order of the Supreme Court, Suffolk County (Costello, J.), dated November 23, 1998, which dismissed the proceeding.
Rubinstein Corozzo, P.C., New York, N.Y. (Ronald Rubinstein and David I. Rosenberg of counsel), for appellant.
Schwartzapfel, Novick, Truhowsky Marcus, P.C., Huntington, N Y (Donald Novick of counsel), for respondents.
WILLIAM C. THOMPSON, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The Supreme Court properly dismissed the proceeding on the ground that the petitioner failed to comply with the requirements of CPLR 304 ( see, CPLR 304; Matter of Fry v. Village of Tarrytown, 89 N.Y.2d 714; Matter of Gershel v. Porr, 89 N.Y.2d 327; Matter of Carnese v. Ferraro, 218 A.D.2d 770).
In light of our determination, we do not reach the appellant's remaining contentions.