Boschetti v. MacKay

Appellate Division of the Supreme Court of New York

Boschetti v. MacKay

297 A.D.2d 392, 746 N.Y.2d 616, 746 N.Y.S.2d 616, 2002 N.Y. App. Div. LEXIS 8159

CourtAppellate Division of the Supreme Court of the State of New York

DecidedAugust 28, 2002

StatusPublished

This text of 297 A.D.2d 392 (Boschetti v. MacKay) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boschetti v. MacKay, 297 A.D.2d 392, 746 N.Y.2d 616, 746 N.Y.S.2d 616, 2002 N.Y. App. Div. LEXIS 8159 (N.Y. Ct. App. 2002).

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Opinion

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]; 105 [b]; 403 [d]). Smith, J.P., Goldstein, Friedmann, Mastro and Rivera, JJ., concur

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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]; 105 [b]; 403 [d]). Smith, J.P., Goldstein, Friedmann, Mastro and Rivera, JJ., concur

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Bluebook (online)

297 A.D.2d 392, 746 N.Y.2d 616, 746 N.Y.S.2d 616, 2002 N.Y. App. Div. LEXIS 8159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boschetti-v-mackay-nyappdiv-2002.

Opinion

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