Opinion
September 30, 1994
Appeal from the Supreme Court, Monroe County, Calvaruso, J.
Present — Denman, P.J., Balio, Wesley, Callahan and Davis, JJ. (Filed Aug. 25, 1994.)
Order unanimously affirmed without costs. Memorandum: Petitioner's failure to file the order to show cause pursuant to CPLR 304 renders these proceedings jurisdictionally defective. Although the more specific time limitations for service of process set forth in the Election Law supersede those in the CPLR (see, Matter of Barbarite v. Hill, 197 A.D.2d 740; Matter of Ehle v Wallace, 195 A.D.2d 1086, lv denied 82 N.Y.2d 653), compliance with the filing requirement is necessary for commencement of a special proceeding.
In view of our determination, we do not address the remaining contentions raised by petitioner.