Opinion
October 1, 1990
Appeal from the Supreme Court, Suffolk County (Stark, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
We agree with the Supreme Court's conclusion that the instant proceeding was subject to the 10-day period of limitation set forth in Election Law § 16-102 (2). Since the instant proceeding was commenced after that period had expired, it was untimely (see, Matter of Marin v. Board of Elections, 67 N.Y.2d 634; Sack v. Board of Elections, 65 N.Y.2d 958). Thompson, J.P., Lawrence, Miller and O'Brien, JJ., concur.