Ordered that the judgment is affirmed, without costs or disbursements.
The appellant conceded at oral argument that his counterclaim to validate his designating petition was untimely. Thus, the issue of whether the Board of Elections of the City of New York incorrectly determined that certain signatures were invalid was not properly before the Supreme Court (see, Matter of Krueger v Richards, 59 N.Y.2d 680; Matter of Suarez v. Sadowski, 48 N.Y.2d 620). Rosenblatt, J.P., Ritter, Altman and Hart, JJ., concur.