To properly institute a proceeding to validate under Election Law § 16–102, a petitioner must commence the proceeding and complete service on all the necessary parties within the period prescribed by Election Law § 16–102(2) (seeMatter of Stora v. New York State Bd. of Elections, 208 A.D.3d 1213, 1213–1214, 174 N.Y.S.3d 137 ). Pursuant to that statute, "[a] proceeding with respect to a petition shall be instituted within fourteen days after the last day to file the petition ... or within three business days after the officer or board with whom ... such petition was filed, makes a determination of invalidity with respect to such petition ..., whichever is later" ( Election Law § 16–102[2] ).

Accordingly, this proceeding is governed by the time limitations set forth in the Election Law (seeMatter of Nowinski v. New York City Bd. of Elections, 164 A.D.3d 722, 724, 81 N.Y.S.3d 556 ; Matter ofCiotti v. Westchester County Bd. of Elections, 109 A.D.3d 988, 989, 972 N.Y.S.2d 524 ). "To properly institute a proceeding raising a challenge under Election Law § 16–102, a petitioner must commence the proceeding and complete service on all the necessary parties within the period prescribed by Election Law § 16–102(2)" ( Matter of McCrory v. Westchester County Bd. of Elections, 216 A.D.3d 857, 858, 188 N.Y.S.3d 658 [internal quotation marks omitted]; see Election Law § 16–116 ; Matter of Stora v. New York State Bd. of Elections, 208 A.D.3d 1213, 1213–1214, 174 N.Y.S.3d 137 ). "The courts of this State have repeatedly determined that the filing deadlines in the Election Law are mandatory and absolute, and are not subject to the discretion of the courts or the judicial fashioning of exceptions, regardless of how reasonable they may appear to be" ( Matter of Jasikoff v. Commissioners of the Westchester County Bd. of Elections, 183 A.D.3d 669, 670, 121 N.Y.S.3d 686 ; seeMatter of Seawright v. Board of Elections in the City of N.Y., 35 N.Y.3d 227, 233, 127 N.Y.S.3d 45, 150 N.E.3d 848 ; Matter ofHutson v. Bass, 54 N.Y.2d 772, 774, 443 N.Y.S.2d 57, 426 N.E.2d 749 ).

"To properly institute a proceeding to validate under Election Law § 16-102, a petitioner must commence the proceeding and complete service on all the necessary parties within the period prescribed by Election Law § 16-102(2)" (Matter of Sweat v Dutchess County Bd. of Elections, 220 A.D.3d 828, 829). Election Law § 16-102(2) provides, in part, that "a proceeding with respect to a petition for a village election... shall be instituted within seven days after the last day to file the certificate or petition for such village election or nomination" (see Matter of Sweat v Dutchess County Bd. of Elections, 220 A.D.3d at 829; Matter of Stora v New York State Bd. of Elections, 208 A.D.3d 1213, 1213). "The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with" (Matter of Rotanelli v Board of Elections of Westchester County, 109 A.D.3d 562, 562 [internal quotation marks omitted]). "Service within the statutory period by means other than those authorized by the order to show cause does not bring a respondent within the court's jurisdiction" (id. at 563).

To properly institute a proceeding raising a challenge under Election Law § 16-102, a petitioner must "commence the proceeding and complete service on all the necessary parties within the period prescribed by Election Law § 16-102(2)" (Matter of Stora v New York State Bd. of Elections, 208 A.D.3d 1213, 1213-1214 [internal quotation marks omitted]; see Matter of Hill v Board of Elections in the City of N.Y., 205 A.D.3d 851, 851-852). Here, while the parties disagree as to which statutory deadline controls (see Election Law § 16-102[2]), the last possible date to commence the proceeding among the statutory possibilities and the facts presented would have been April 24, 2023. As service was not completed upon the respondents until April 26, 2023, the Supreme Court properly denied the petition, inter alia, to invalidate the designating petition and, in effect, dismissed the proceeding as untimely (see Matter of Stora v New York State Bd. of Elections, 208 A.D.3d at 1213-1214; Matter of Mandell v Board of Elections of the City of N.Y., 164 A.D.3d 719, 720; Matter of DeStefano v Borkowski, 153 A.D.3d 817, 818).

[1–3] "To properly institute a proceeding to validate under Election Law § 16– 102, a petitioner must commence the proceeding and complete service on all the necessary parties within the period prescribed by Election Law § 16–102(2)" (Matter of Sweat v Dutchess County Bd. of Elections, 220 A.D.3d 828, 829, 198 N.Y.S.3d 165). Election Law § 16–102(2) provides, in part, that "a proceeding with respect to a petition for a village election … shall be instituted within seven days after the last day to file the certificate or petition for such village election or nomination" (see Matter of Sweat v. Dutchess County Bd. of Elections, 220 A.D.3d at 829, 198 N.Y.S.3d 165; Matter of Stora v. New York State Bd. of Elections, 208 A.D.3d 1213, 1213, 174 N.Y.S.3d 137). "The method of service provided for in an order to show cause is jurisdictional in nature and must be strictly complied with" (Matter of Rotanelli v. Board of Elections of Westchester County, 109 A.D.3d 562, 562, 970 N.Y.S.2d 471 [internal quotation marks omitted]).

"To properly institute a proceeding raising a challenge under Election Law §16-102, a petitioner must commence the proceeding and complete service on all the necessary parties within the period prescribed by Election Law §16-102(2)" (Matter of McCrory v. Westchester County Bd. of Elections, 216 A.D.3d 857, 858, 188 N.Y.S.3d 658 (internal quotation marks omitted]; see Election Law §16-116; Matter of Stora v. New York State Bd. of Elections, 208 A.D.3d 1213, 1213-1214, 174 N.Y.S.3d 137). "The courts of this State have repeatedly determined that the fifing deadlines in the Election Law are mandatory' and absolute, and are not subject to the discretion of the courts or the judicial fashioning of exceptions, regardless of how reasonable they may appear to be" (Matter of Jasikoff v.Commissioners of the Westchester County Bd. of Elections, 183 A.D.3d 669, 670, 121 N.Y.S.3d 686; see Matter of Seawright v. Board of Elections in the City of N. Y., 35 N.Y.3d 227, 233, 127 N.Y.S.3d 45, 150 N.E.3d 848; Matter of Hutson vBass, 54 N.Y.2d 772, 774, 443 N.Y.S.2d 57, 426 N.E.2d 749)."

"To properly institute a proceeding raising a challenge under Election Law § 16-102, a petitioner must commence the proceeding and complete service on all the necessary parties within the period prescribed by Election Law § 16-102(2)" (Matter of McCrory v Westchester County Bd. of Elections, 216 A.D.3d 857, 858 [internal quotation marks omitted]; see Election Law § 16-116; Matter of Stora v New York State Bd. of Elections, 208 A.D.3d 1213, 1213-1214). "The courts of this State have repeatedly determined that the filing deadlines in the Election Law are mandatory and absolute, and are not subject to the discretion of the courts or the judicial fashioning of exceptions, regardless of how reasonable they may appear to be" (Matter of Jasikoff v Commissioners of the Westchester County Bd. of Elections, 183 A.D.3d 669, 670; see Matter of Seawright v Board of Elections in the City of N.Y., 35 N.Y.3d 227, 233; Matter of Hutson v Bass, 54 N.Y.2d 772, 774).

Stora v. New York State Board of Elections, 208 A.D.3d 1213 [2nd Dept. 2022].