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MATTER OF SITAREK v. BD. OF ELECTIONS OF COUNTY OF ERIE

143 A.D.2d 503 (1988)

In the Matter of Henry Sitarek et al., Respondents, v. Board of Elections of County of Erie et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 27, 1988

Order unanimously reversed without costs and petition dismissed.

Memorandum:

Neither the order to show cause nor the petition included the objector as a party and, therefore, should have been dismissed by the trial court (Matter of Gadsen v Board of Elections, 57 N.Y.2d 751 [1982]). Moreover, the validation proceeding was not timely commenced under section 16-102 of the Election Law (Matter of Pell v Coveney

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