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Appellate Division, Second Department: October 19, 2023

Handdown List released on:October 16, 2023

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By Iannacci, J.P.; Ford, Voutsinas, Ventura, JJ.

IN THE MATTER OF ALVIN SWEAT, app, v. DUTCHESS COUNTY BOARD OF ELECTIONS, ET AL., res — (Index No. 751/23) In a proceeding pursuant to Election Law §16-102, inter alia, to validate an independent nominating petition nominating Alvin Sweat as a candidate of the Alvin Sweat Party for the public office of Mayor of the City of Poughkeepsie in a general election to be held on November 7, 2023, Alvin Sweat appeals from a final order of the Supreme Court, Dutchess County (Michael G. Hayes, J.), dated August 11, 2023. The final order granted the respondents’ motion to dismiss the petition, inter alia, to validate and dismissed the proceeding. ORDERED that the final order is affirmed, without costs or disbursements. In May 2023, the petitioner, Alvin Sweat, filed an independent nominating petition with the Dutchess County Board of Elections (hereinafter the Board) nominating himself as a candidate of the Alvin Sweat Party for the public office of Mayor of the City of Poughkeepsie in a general election to be held on November 7, 2023. On June 5, 2023, the Board, and its commissioners, Erik J. Haight and Hannah R. Black (hereinafter together the commissioners), informed the petitioner that his independent nominating petition was invalid because he did not timely file an original certificate of acceptance for the nomination. On June 23, 2023, the petitioner commenced this proceeding against the Board and the commissioners (hereinafter collectively the respondents) pursuant to Election Law §16-102, inter alia, to validate his independent nominating petition. The respondents moved to dismiss the petition, inter alia, to validate on the ground, among others, that the proceeding was untimely pursuant to Election Law §16-102(2). In a final order dated August 11, 2023, the Supreme Court granted the respondents’ motion to dismiss and dismissed the proceeding. The petitioner appeals.

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