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IN THE MATTER OF DUVALLE v. DEBERRY

10 A.D.3d 428 (2004)

780 N.Y.S.2d 742

In the Matter of MICHAEL DUVALLE et al., Appellants, v. ERIC L. DEBERRY et al., Respondents, et al., Respondent.

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

Decided August 19, 2004.

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

The last day to file a proceeding to validate a designating petition, pursuant to Election Law § 16-102, was August 9, 2004. The Supreme Court properly determined that the proceeding was untimely commenced since the petitioners filed their order to show cause with the County Clerk on August 10, 2004 (see Election Law § 16-102; CPLR 304; Matter of Fry v Village of Tarrytown...

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