In Matter of Marino v. Board of Election of Westchester County, 199 AD2d 505 [2nd Dept 1993] a "purported proceeding" was commenced pursuant to the Election Law seeking a determination that a candidate was ineligible to serve as a member of the Yonkers City Council based on the allegation that he was not a resident of the appropriate district. The Appellate Division, Second Department, held that a plenary action in the nature of quo warranto was not necessary since the office was not yet occupied. Accordingly, the Court in Marino held that the issue could be addressed in an action for a declaratory judgment.