Ehle v. Wallace

Order insofar as appealed from unanimously reversed on the law without costs, motion granted and petition dismissed. Memorandum: Pursuant to Election Law § 16-102 (2), petitioner was required to commence the proceeding within 10 days of the filing of the Certificate of Nomination or no later than May 21, 1993. On May 21, 1993, petitioner obtained and filed an order to show cause, but it was not served on respondent Andrew N. Piraino until May 25, 1993. Applying CPLR 304 as amended, Supreme Court concluded that this proceeding was timely commenced because the order to show cause was filed on…