| Matter of Haggerty v Queens County Republican Comm. |
| 2012 NY Slip Op 00961 [92 AD3d 681] |
| February 7, 2012 |
| Appellate Division, Second Department |
| In the Matter of Bart J. Haggerty, Appellant, v QueensCounty Republican Committee et al., Respondents, et al.,Respondent. |
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In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a certificateof election filed with the Board of Elections in the City of New York electing Philip Ragusa andcertain other persons as officers and directors of the Republican Party County Committee for theCounty of Queens, State of New York, the petitioner appeals from a final order of the SupremeCourt, Queens County (Flug, J.), dated October 27, 2011, which dismissed the proceeding asuntimely.
Ordered that the final order is affirmed, without costs or disbursements.
The petitioner failed to comply with the service provisions of the order to show cause datedOctober 7, 2011, as modified by a Justice of this Court on October 8, 2011, particularly withrespect to the time by which service upon the respondents was to be effectuated. Accordingly,since strict compliance with the service provisions of the order to show cause is jurisdictional innature, the proceeding was properly dismissed as untimely (see Election Law §16-116; Matter of Gorman v Board ofElections in the City of N.Y., 76 AD3d 658 [2010]; Matter of Caruso v NassauCounty Bd. of Elections, 186 AD2d 701 [1992]). Balkin, J.P., Dickerson, Belen and Cohen,JJ., concur.