Opinion
August 24, 1994
Appeal from the Supreme Court, Westchester County (Nicolai, J.).
Ordered that the judgment is affirmed, without costs or disbursements; and it is further,
Ordered that the cross appeals are dismissed, without costs or disbursements (see, CPLR 5511).
The order to show cause, dated July 27, 1994, authorized service upon the candidate by affixing the papers to the door of the candidate's residence and mailing the papers to the candidate by regular mail on or before July 28, 1994. On July 28, 1994, the petitioners affixed the papers to the door of the candidate's residence and mailed the papers to the candidate. Service in this manner on the last day that service could be made was inadequate and ineffectual to institute the proceeding, and was not reasonably calculated to give timely notice to the candidate (see, Matter of Buhlmann v. Le Fever, 83 A.D.2d 895, affd 54 N.Y.2d 775). Accordingly, the proceeding was properly dismissed.
In light of our determination, we need not reach the contentions raised on the cross appeals. Thompson, J.P., Lawrence, Pizzuto and Santucci, JJ., concur.