MATTER OF BOSCHETTI v. MacKAY


297 A.D.2d 392 (2002)

746 N.Y.S.2d 616

In the Matter of LOUIS BOSCHETTI et al., Appellants, v. FRANK M. MACKAY et al., Respondents, et al., Respondents.

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

Decided August 28, 2002.


Ordered that the final order is affirmed, without costs or disbursements.

It is undisputed that the last day to commence this proceeding was August 8, 2002 (see Election Law § 16-102 [2]). Since the order to show cause was not filed until after the expiration of the statute of limitations, the petitioners failed to comply with the requirements of CPLR 203 (c) (1). Therefore, the petition was properly dismissed as untimely (see CPLR 203 [c] [1];...

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