Becker v. Power

Matthew M. Levy, J. (Dictated on the record.)

I am of the view that the special appearance interposed by the respondent Kelly should be sustained.

The petition annexed to the order to show cause is not verified as mandated by the statute. Section 335 of the Election Law requires that a special proceeding such as this be heard ‘ ‘ upon a verified petition ”, and other proof. This proceeding is a summary statutory one, and a “ verified petition ” is a jurisdictional condition precedent. By “ verified petition ” is meant a petition duly verified by a person who is entitled under the law to be a…