Opinion
August 19, 1987
Appeal from the Supreme Court, Suffolk County (Gerard, J.).
Ordered that the judgments are affirmed, without costs or disbursements.
The first proceeding was properly dismissed as premature. Further, we agree with the finding of the Supreme Court that the petitioners' failure to exercise due diligence to timely serve and join the candidate for Suffolk County Executive substituted by the Committee on Vacancies as a necessary party after the commencement of the second proceeding requires dismissal of that proceeding (see generally, Matter of Berman v. Board of Elections, 68 N.Y.2d 761).
The petitioners' contention that the designating petition was permeated with fraud, a claim rejected by the Supreme Court, cannot be reviewed on this appeal in the absence of the hearing record. We have reviewed the petitioners' remaining contentions and find them to be without merit. Brown, J.P., Weinstein, Eiber and Kooper, JJ., concur.