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In the Matter of WALTER N. IWACHIW, appellant, v. BOARD OF ELECTIONS OF SUFFOLK COUNTY, et al., respondents-respondents, MARLENE BUDD, et al., inter

ORDERED that the final order is affirmed, without costs or disbursements.

Pursuant to Election Law § 6-128(2), the certificate of nomination of a candidate of a new political party must be filed no later than seven weeks preceding the general election. The Supreme Court properly determined that the Green Party is a new party.Therefore, Election Law § 6-128(2) governs the filing of the certificate of nomination of the petitioner Walter N. Iwachiw as a Green Party candidate for the office of Councilman, Town of Huntington, in the general election on November 2, 1999. The petitioner's certificate of nomination, which was filed on September 20, 1999, was untimely and was properly rejected by the Board of Elections of Suffolk County.

We reach no other issue.

O'BRIEN, J.P., SANTUCCI, FRIEDMANN, and SMITH, JJ., concur.

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MATTER OF IWACHIW v. BOARD, EL., SUFFOLK CTY
(Nov 4, 1999)