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MATTER OF KERINS v. HINRICHS

286 A.D.2d 458 (2001)

730 N.Y.S.2d 442

In the Matter of MARTIN J. KERINS, Respondent, v. RANDALL HINRICHS, Appellant, and SUFFOLK COUNTY BOARD OF ELECTIONS, Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided August 22, 2001.

Ordered that the order and final order is reversed, on the law, without costs or disbursements, the motion is granted, the petition is denied, and the proceeding is dismissed as untimely.

The Supreme Court erred in finding that the proceeding was timely commenced pursuant to CPLR 304. There was no evidence that "circumstances prevent[ing] immediate filing" were present (see, Matter of Connolly v Chenot, 275 A.D.2d 583, 585...

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