Ordered that the order is affirmed, without costs or disbursements.
Election Law § 16-102 (2) specifically states, inter alia, that "[a] proceeding with respect to a primary * * * shall be instituted within ten days after the holding of such primary." In this case, it is undisputed that the petitioner, David Levy, did not file his petition until September 28, 1994, more than 10 days after the primary was held on September 13, 1994. Thus, the Supreme Court...
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