| Matter of Del Villar v Vekiarelis |
| 2009 NY Slip Op 01315 [59 AD3d 642] |
| February 20, 2009 |
| Appellate Division, Second Department |
| In the Matter of Angel L. Del Villar, Appellant, v DignaVekiarelis, Respondent, et al., Respondent. |
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In a proceeding pursuant to Election Law § 16-102, inter alia, to validate anindependent nominating petition nominating Angel L. Del Villar as the candidate of theCommunity First Party in a special election to be held on February 24, 2009 for the public officeof Member of the New York City Council, 21st Council District, the petitioner appeals from afinal order of the Supreme Court, Queens County (Strauss, J.), entered February 9, 2009, whichgranted the application of Digna Vekiarelis to dismiss the amended petition based on thepetitioner's failure to strictly comply with the service provisions of the order to show cause, anddismissed the proceeding.
Ordered that the final order is affirmed, without costs or disbursements.
" 'The method of service provided for in an order to show cause is jurisdictional in natureand must be strictly complied with' " (Matter of Master v Pohanka, 43 AD3d 478, 480 [2007], quoting Matter of Hennessey v DiCarlo, 21AD3d 505, 505 [2005]). Even if we accept the petitioner's interpretation of the serviceprovisions of the subject order to show cause, he nevertheless did not timely effect service of theorder to show cause, initial verified petition, and supporting papers upon the objector by any ofthe methods of service which he claims were permitted. Accordingly, the application to dismissthe amended petition was properly granted and the proceeding was properly dismissed. Dillon,J.P., Balkin, Belen and Chambers, JJ., concur.