Opinion
2002-07774
Argued August 27, 2002.
August 28, 2002.
In a proceeding pursuant to Election Law § 16-102, inter alia, to invalidate a petition for an opportunity to ballot by providing for a write-in candidate pursuant to Election Law § 6-164 in a primary election to be held on September 10, 2002, for the nomination of the Independence Party as its candidate for the public office of State Senator for the 22nd Senate District, the petitioner appeals from an order of the Supreme Court, Kings County (Tomei, J.), dated August 21, 2002, which, in effect, denied their motion to vacate a final order of the same court, dated August 20, 2002, denying the petition and dismissing the proceeding upon their default in appearing for a hearing.
Before: A. GAIL PRUDENTI, P.J., ANITA R. FLORIO, LEO F. McGINITY, STEPHEN G. CRANE, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, without costs or disbursements.
The Supreme Court providently exercised its discretion by, in effect, denying the appellants' motion to vacate the order dated August 20, 2002. The appellants failed to establish a reasonable excuse for their default or a meritorious claim (see Di Lorenzo Inc. v. Dutton Lbr. Co., 67 N.Y.2d 138).
The appellants' remaining contentions are either unpreserved for appellate review or without merit (see Boyland v. Board of Elections of City of N.Y., 122 A.D.2d 902, 903).
PRUDENTI, P.J., FLORIO, McGINITY, CRANE and COZIER, JJ., concur.