Helfer v. Amos

—Cross appeals unanimously dismissed and order affirmed without costs. Memorandum: Petitioner appeals from an order of the Supreme Court that dismissed the petition to invalidate respondents’ nominating petitions. Respondents NeMoyer and Earl cross-appeal the court’s determination that the proceeding was timely commenced. Although the cross appeals were improper because respondents NeMoyer and Earl were not aggrieved (see, CPLR 5511; Town of Massena v Niagara Mohawk Power Corp., 45 NY2d 482 , 488; Matter of Brown v Starkweather, 197 AD2d 840 , lv denied 82 NY2d 653 ), we may nevertheless review the issue raised therein (see, Town of Massena v Niagara Mohawk Power Corp., supra, at 488 ; see also, Parochial Bus Sys. v Board of Educ., 60 NY2d 539 , 544-546). The court should have dismissed the petition because the proceeding was untimely commenced (see, Matter of Ehle v Wallace, 195 AD2d 1086 , lv denied 82 NY2d 653 ). In view of our determination, we need not address the other issue raised on appeal. (Appeals from Order of Supreme Court, Erie County, Mintz, J. — Election Law.) Present — Green, J. P., Pine, Davis and Boehm, JJ.