PROCEEDING TO VALIDATE A DESIGNATING PETITION SHOULD HAVE BEEN DISMISSED AS UNTIMELY (SECOND DEPT).
The Second Department, reversing Supreme Court, determined the proceeding to validate a designating petition should have been dismissed as untimely:
“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 or which such petition was filed, makes a determination of invalidity with respect to such petition, whichever is later” (Election Law § 16-102). ” A petitioner raising a challenge under Election Law § 16-102 must commence the proceeding and complete service on all the necessary parties within the period prescribed by Election Law § 16-102(2)'” … . A petitioner in a special proceeding under Election Law article 16 is required to provide notice of the proceeding “as the court or justice shall direct” (Election Law § 16-116). The Court of Appeals has repeatedly interpreted the notice requirement of Election Law § 16-116 to ” call[ ] for delivery of the instrument of notice not later than on the last day on which the proceeding may be commenced'” … . Here, the parties agree that the last day to commence a proceeding to validate the subject designating petition was July 31, 2017. Thus, contrary to the court's finding, the petitioner was required both to file the petition to validate the designating petition and to serve all necessary parties on or before that date… . Since the petitioner failed to effect service on or before July 31, 2017, this proceeding was not timely commenced … . Matter of DeStefano v Borkowski, 2017 NY Slip Op 06269, Second Dept 8-23-17
ELECTION LAW (PROCEEDING TO VALIDATE A DESIGNATING PETITION SHOULD HAVE BEEN DISMISSED AS UNTIMELY (SECOND DEPT))/DESIGNATING PETITION (ELECTION LAW, PROCEEDING TO VALIDATE A DESIGNATING PETITION SHOULD HAVE BEEN DISMISSED AS UNTIMELY (SECOND DEPT))