In re Tombini

In this proceeding, brought under subdivision 1 of section 330 of the Election Law, to invalidate a designating petition, the objection is raised in limini that the court is without jurisdiction because the proceeding was not “ instituted within fourteen days after the last day to file petitions ” as required by subdivision 1 of section 330. The petition was presented to a justice of the court and an order to show cause thereon was signed within the fourteen days, but service thereof was not made until after the expiration thereof. The question, therefore, is what constitutes the “…