Opinion
Argued August 30, 1978
Decided September 1, 1978
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, CON. G. CHOLAKIS, J.
Prescott C. Sook for appellant.
Morrell I. Berkowitz and Herbert Rubin for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, without costs.
Inasmuch as petitioner is an objector to respondent's designating petition, rather than the candidate against whose petition the objections were filed, petitioner's failure to commence this proceeding to invalidate the designating petitions within the 14-day period (Election Law, § 16-102, subd 2) is fatal (compare Matter of Bruno v Peyser, 40 N.Y.2d 827, 828, with Matter of Pell v Coveney, 37 N.Y.2d 494). Petitioner's assertion that he may avoid the 14-day statutory limitation because he is a candidate for the same office as respondent is untenable (see Matter of Pell v Coveney, supra). Since it was petitioner who objected to the designating petition, he was obligated to commence this proceeding within the statutory time period, irrespective of any determination by the Board of Elections.
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.
Order affirmed.