MATTER OF ESSENBERG v. REAPE

ORDERED that the judgment is affirmed, without costs or disbursements.

The Supreme Court properly concluded that the instant proceeding was subject to the 10-day period of limitations set forth in Election Law § 16-102(2). Since the instant proceeding was commenced after that period expired, it was untimely (see, Matter of Stabile v. DeFronzo, 231 A.D.2d 577; Matter of Curcio v. Kelly, 193 A.D.2d 738).

We further note that the petitioner should have commenced this proceeding in Jefferson County where this election controversy arose (see, Matter of Lucchese v. Rotella, 60 N.Y.2d 815; Matter of Doyle v. Supreme Court of State of N.Y., 286 App. Div. 469).

S. MILLER, J.P., FRIEDMANN, FLORIO and SMITH, JJ., concur.