| Matter of Gorman v Board of Elections in the City of N.Y. |
| 2010 NY Slip Op 06441 [76 AD3d 658] |
| August 18, 2010 |
| Appellate Division, Second Department |
| In the Matter of Jerwaine I. Gorman, Appellant, v Board ofElections in the City of New York et al., Respondents. |
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In a proceeding pursuant to Election Law § 16-102, inter alia, to validate a petitiondesignating Jerwaine I. Gorman as a candidate in a primary election to be held on September 14,2010, for the Democratic Party as a candidate for the party position of Male Member of the NewYork State Democratic Committee from the 29th Assembly District, Jerwaine I. Gorman appealsfrom a final order of the Supreme Court, Queens County (Strauss, J.), entered August 9, 2010,which denied the petition and, in effect, dismissed 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 nature andmust be strictly complied with" (Matterof Hennessey v DiCarlo, 21 AD3d 505, 505 [2005]; see Matter of Del Villar v Vekiarelis, 59 AD3d 642, 643 [2009];Matter of Master v Pohanka, 43AD3d 478, 480 [2007]). The Supreme Court properly determined that the petitioner failed toestablish that he timely complied with the service requirements set forth in the order to showcause. On the record before us, it appears that the petitioner failed to timely submit to theSupreme Court an affidavit of service indicating compliance with the service provision of theorder to show cause with respect to the objector. Therefore, the petition was properly denied andthe proceeding was, in effect, properly dismissed. Skelos, J.P., Covello, Balkin, Austin andSgroi, JJ., concur.