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In the Matter of MILTON L. MILLER et al., Appellants, v. WILLIAM CANARY et al., Respondents.

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

The Supreme Court, Suffolk County, properly dismissed the proceeding as untimely. Pursuant to Election Law § 16-102 (2), the last day to commence a proceeding with respect to a designating petition was July 30, 1987, 14 days following the deadline for filing a petition. Having received timely notice of the board's decision to invalidate their petition (cf., Matter of Pell v. Coveney, 37 N.Y.2d 494) the petitioners' commencement of the proceeding on August 33, 1987, was untimely (see, Election Law § 16-102; cf., Matter of Palais v. D'Apice, 112 A.D.2d 1078). Mollen, P.J., Mangano, Thompson, Lawrence and Sullivan, JJ., concur.

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MATTER OF MILLER v. CANARY
(Aug 19, 1987)