In Matter of Scaringe v. Ackerman, 119 AD2d 327, petitioner sought to prohibit the New York State Board of Elections from placing respondent's name on the ballot for the public office of Member of the New York State Assembly, alleging that respondent was not qualified to hold the office on residency grounds pursuant to the New York State Constitution (art. III, 7) and the Election Law ( 6-122). The court held that: "Irrespective of the label given to the proceeding or the words used to describe the issue, the relief sought by petitioners seeks judicial intervention in the election process to remove a candidate from the ballot ...and clearly constitutes a challenge or contest to the designation or nomination of a candidate for public office. Since Election Law 16-102 (1) provides a remedy for the relief sought by petitioners, they cannot avoid the time requirement of the statute..."