Per Curiam.
On September 7, 1991, the Conservative Party caucus for the Town of Berne in Albany County was held. While the statute required that the caucus report nominating the party's candidates be filed by September 17, 1991 (Election Law § 6-158), it was not mailed until September 18, 1991 and was not received by the Albany County Board of Elections until a day later. The Board thereafter voted unanimously to invalidate the nominating report for not being filed within the time limitations of Election Law § 6-158 (6) and § 1-106. Petitioner, a Conservative Party candidate whose nomination was invalidated, commenced this proceeding to challenge the Board's determination. Supreme Court dismissed the petition and we affirm. It is well settled that the failure to file within the mandatory time limits prescribed by the Election Law is a "fatal defect" (Election Law § 1-106; see, e.g., Matter of Rutherford v. Jones, 128 A.D.2d 978, 979, lv denied 69 N.Y.2d 606) and "the judiciary may not fashion exceptions, however reasonable they might be made to appear" (Matter of Tobin v. May, 72 A.D.2d 648).
Weiss, J.P., Mikoll, Yesawich Jr., Crew III and Harvey, JJ., concur. Ordered that the order is affirmed, without costs.