Ordered that the judgment is reversed, on the law, with costs, the certificates nominating Anthony Napoli and Rico Dos Anjos as candidates of the Independence Party of the Village of Port Chester for the public office of Village Trustee of the Village of Port Chester in an election to be held on March 17, 1998, are reinstated, the names of Anthony Napoli and Rico Dos Anjos are restored to the ballot for that election, and the proceeding is dismissed.
The proceeding must be dismissed as jurisdictionally defective because the petitioners failed to timely serve the respondent Anthony Napoli, a necessary party to the proceeding ( see, CPLR 1001 [a]; Swirsky v. Smallwood, 148 A.D.2d 523; Matter of Miranda v. Erie County Bd. of Elections, 59 A.D.2d 643).
O'Brien, J.P., Joy, Altman and Luciano, JJ., concur.