Legal Opinion

Sedita v. Smolinski

Appellate Division of the Supreme Court of the State of New York

Decided September 1, 1982PublishedCited by 2 opinions

1Opinion of the Court

Order unanimously affirmed, without costs. Memorandum: Petitioners appeal from an order of Special Term dismissing the petition to validate the designating petitions of petitioner candidates, on the ground that the petition was improperly verified as required by section 16-116 of the Election Law. The petition was verified by the attorney for the petitioners rather than any of the petitioners. The requirement that a petition be verified is jurisdictional in nature (Matter of Goodman v Hayduk, 64 AD2d 937, affd 45 NY2d 804) and verification by an attorney rather than a party to the proceeding…

2Cases cited5 opinions

  1. MATTER OF GOODMAN v. HaydukNew York Court of Appeals · 1978
  2. Giambra v. Commissioner of Motor VehiclesNew York Court of Appeals · 1978
  3. Becker v. PowerNew York Supreme Court · 1954
  4. Braxton v. SmolinskiAppellate Division of the Supreme Court of the State of New York · 1982
  5. Goodman v. HaydukAppellate Division of the Supreme Court of the State of New York · 1978

3Cited by2 opinions

  1. Tenneriello v. Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1984
  2. Tenneriello v. Board of ElectionsNew York Supreme Court · 1984

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