Callahan v. Russo — 123 A.D.2d 518

Majority

p. 518

In the Matter of Jane Callahan, Respondent, v Francis J. Russo, Candidate, Appellant, and Ronald J. Starkweather et al., Constituting the Monroe County Board of Elections, Respondents.

Order unanimously reversed without costs and petition dismissed. Memorandum: Respondent Russo’s motion to dismiss the petition should have been granted since the petition was unverified. The Election Law requirement of a verified petition is a jurisdictional condition precedent to commencing a proceeding. (Matter of Goodman v Hayduk, 45 NY2d 804 ). (Appeal from order of Supreme Court, Monroe County, Curran, J.—Election Law.) Present—Callahan, J. P., Green, Pine, Balio and Lawton, JJ. (Order entered Aug. 21, 1986.)

Cases cited

Goodman v. Hayduk 45 NY2d 804 N.Y. 1978-09-01 p. 518