Matter of Levy v. Nassau Cty Bd. of Elections

Full title: In the Matter of DAVID LEVY, Appellant, v. NASSAU COUNTY BOARD OF…

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 18, 1994

208 A.D.2d 786 (N.Y. App. Div. 1994)

617 N.Y.S.2d 650

Opinion

October 18, 1994

Appeal from the Supreme Court, Nassau County (Winick, J.).

Ordered that the order is affirmed, without costs or disbursements.

Election Law § 16-102 (2) specifically states, inter alia, that "[a] proceeding with respect to a primary * * * shall be instituted within ten days after the holding of such primary." In this case, it is undisputed that the petitioner, David Levy, did not file his petition until September 28, 1994, more than 10 days after the primary was held on September 13, 1994. Thus, the Supreme Court properly dismissed the petition as untimely (see, Matter of Voyticky v. Gore, 134 A.D.2d 354).

In light of our determination, we do not reach the issue of whether, on the merits, the petitioner is entitled to a new primary election. Mangano, P.J., Thompson, Sullivan and Miller, JJ., concur.