Appeal from an order of the Supreme Court (Melkonian, J.), entered October 17, 2014 in Albany County, which granted petitioners’ application, in a proceeding pursuant to Election Law § 16-102, to declare invalid an independent nominating petition naming respondent Georgina Bowman as the Libertarian Independent Party candidate for the public office of State Senator for the Fifth Senate District in the November 4, 2014 general election.
Petitioners challenge an independent nominating petition
Following a hearing, Supreme Court in Nassau County (Winslow, J.), among other things, denied Bowman’s motion to dismiss the petition as untimely and granted Bowman’s motion to change venue to Albany County. Following further proceedings in Albany County, Supreme Court (Melkonian, J.) declared Bowman’s independent nominating petition to be invalid. Bowman now appeals.
We reverse. The manner of service provided in the order to show cause was not “ ‘reasonably calculated to give notice to the necessary parties so that receipt of such notice would normally be expected within the statutory 14-day period for commencing a proceeding concerning the validity of a designating petition’ ” (Matter of Hall v Dussault, 109 AD3d 679, 679 [2013], quoting Matter of Elston v Mahoney, 122 AD2d 969, 970 [1986], appeal dismissed, lvs denied 68 NY2d 765 [1986]; see Matter of Contessa v McCarthy, 40 NY2d 890, 891 [1976]). To institute a proceeding “under Election Law § 16-102,” a petitioner “must commence the proceeding and complete service on all the necessary parties within the period prescribed by Election Law § 16-102 (2)” (Matter of Wilson v Garfinkle, 5 AD3d
The parties’ remaining arguments are rendered academic by our decision.
Ordered that the order is reversed, on the law, without costs, and petition dismissed.
