Olma v. Dale

—Appeal from an order and judgment (one document) of Supreme Court, Erie County (Sconiers, J.), entered March 4, 2002, which, inter alia, granted the cross motion of defendant David Dale in part and dismissed the action as untimely.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this declaratory judgment action in an attempt to prohibit defendant Commissioners of Elections and named officials of the Erie County Board of Elections from placing defendant David Dale’s name on the ballot…