By Skelos, J.P.; Florio, Covello, Balkin and Austin, JJ.

Matter of Lloyd M. Kurth, ap, v. Orange County Board of Elections res — (Index No. 8541/09)In a proceeding pursuant to Election Law §16-102, inter alia, to validate a petition designating Lloyd M. Kurth as a candidate in a primary election to be held on September 15, 2009, for the nomination of the Democratic Party as its candidate for the public office of Superintendent of Highways of the Town of Goshen, the petitioner appeals from a final order of the Supreme Court, Orange County (Owen, J.), entered August 10, 2009, which dismissed the proceeding as untimely.