Brown v. Starkweather

Cross appeal unanimously dismissed and order affirmed without costs. Memorandum: Supreme Court properly held that petitioner Brown’s proceeding was not timely commenced. Election Law § 16-116 requires delivery of the instrument of notice of the proceeding "not later than on the last day on which the proceeding may be commenced” (Matter of Ehle v Wallace, 195 AD2d 1086). Because the order to show cause and petition were delivered to respondent on the day following the last day on which the proceeding could be commenced, the proceeding was untimely and the petition was properly dismissed.

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