Legal Opinion

Callahan v. Russo

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

Decided September 26, 1986PublishedCited by 7 opinions

1Opinion of the Court

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.)

2Cases cited1 opinion

  1. MATTER OF GOODMAN v. HaydukNew York Court of Appeals · 1978

3Cited by7 opinions

  1. Haberstro v. SchollAppellate Division of the Supreme Court of the State of New York · 1995
  2. Matter of DeMarco v. Monroe County Bd. of ElectionsAppellate Division of the Supreme Court of the State of New York · 2019
  3. Parr v. RomeoAppellate Division of the Supreme Court of the State of New York · 1987
  4. Parr v. RomeoAppellate Division of the Supreme Court of the State of New York · 1987
  5. Sitarek v. Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 1988

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