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MACKEY v. NASSAU COUNTY DEMOCRATIC COMM.

147 A.D.2d 688 (1989)

Carlos Mackey et al., Respondents, v. Nassau County Democratic Committee et al., Appellants, and Dorothy Quirk, as Clerk of The Incorporated Village of Hempstead, et al., Respondents

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

February 27, 1989

Ordered that the order and judgment is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.

Since the order to show cause by which the petitioners sought to institute this proceeding was not served upon the appellants within 10 days of the filing of the certificate of nominations made at the caucus (see, Election Law § 16-102 [2]), the proceeding was not timely commenced. The...

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