Opinion
August 18, 1993
Appeal from the Supreme Court, Suffolk County (Gowan, J.).
Ordered that the judgment is reversed, on the law, without costs or disbursements, the petition is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings.
On July 29, 1993, the last possible date upon which the petitioner could have commenced the foregoing proceeding (see, Election Law § 16-102), the petitioner served the respondent candidate Doyle with a petition and supporting papers by affixing copies of these papers to the door of Doyle's residence and subsequently mailing copies of the papers to that address that same evening. The petitioner had effectuated service upon Doyle in this manner (see, CPLR 308) pursuant to an amended order to show cause signed after the petitioner had been unable to comply with the requirement in the original order to show cause that all named respondents in this proceeding be personally served.
A proceeding pursuant to Election Law § 16-102 must be commenced "upon such notice to such * * * persons * * * as the court or justice shall direct" (Election Law § 16-116; see, Matter of Berman v Board of Elections, 68 N.Y.2d 761). Contrary to the Supreme Court's findings, we find that the petitioner's service upon Doyle was proper and in compliance with the amended order to show cause, inasmuch as the manner of service gave adequate notice of the proceeding to Doyle (see, CPLR 308; Matter of Serri v Heffernan, 298 N.Y. 629; Matter of O'Connor v Power, 30 A.D.2d 926, affd 22 N.Y.2d 889; Matter of Valli v Walker, 175 A.D.2d 895).
Further, the Supreme Court's holding that the failure to properly serve one of the members of the Committee to Fill Vacancies, all of whom were named respondents in this action, is similarly not a ground for dismissal of the proceeding as to Doyle, inasmuch as the members of the Committee are not necessary parties such that they must be joined to avoid dismissal of the proceeding (see, Matter of Berman v Board of Elections, supra; Matter of Buley v Tutunjian, 153 A.D.2d 784). Sullivan, J.P., Eiber, O'Brien and Joy, JJ., concur.