Pericak v. Hooper

—Order *951unanimously reversed on the law without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in concluding that this proceeding was not timely commenced. Election Law § 16-102 (2), as amended, "[b]y its clear and unambiguous language, * * * permits a proceeding to be commenced within three business days after the board 'makes a determination of invalidity with respect to such petition’ ” (Matter of Godzisz v Mohr, 197 AD2d 839). Because the date of determination was Wednesday, July 27, 1994, the first…