Judgment affirmed, without costs or disbursements.
We are not persuaded by appellant's contention that the instant validation proceeding was untimely. Since the Board of Elections was late in notifying petitioner Nesci of the invalidation of his petition, the service by mail, as provided for in the order to show cause, was satisfactory under the circumstances herein ( see, Matter of Pell v. Coveney, 37 N.Y.2d 494; Matter of Carr v New York State Bd. of Elections, 104 A.D.2d 577; Matter of Gartner v. Salerno, 74 A.D.2d 958, lv denied 49 N.Y.2d 704). We further reject appellant's contention that petitioner Nesci is ineligible to serve in the office he seeks because his voter registration should be deemed to have been canceled when he changed his residence ( see, Election Law § 5-400). The procedure in the Election Law for canceling a voter's registration specifically provides that no such cancellation may occur until after the Board of Elections notifies the voter of its intention to cancel and gives him an opportunity to be heard on the matter (Election Law § 5-402). Since this procedure was not utilized in the present case, no cancellation of petitioner Nesci's voter registration occurred ( see, Matter of Amer v. Previte, 51 A.D.2d 949; Matter of Gigante v. Board of Elections, 63 Misc.2d 290). Mollen, P.J., Mangano, Thompson, Rubin and Lawrence, JJ., concur.