Haberstro v. Scholl

—Order unanimously affirmed without costs. Memorandum: Petitioner failed to submit a verified petition at the time of filing the order to show cause. A verified petition is a jurisdictional condition precedent to commencement of a special proceeding pursuant to Election Law § 16-116 and CPLR 304 (see, Matter of Zicari v Stewart, 207 AD2d 951; see also, Matter of Goodman v Hayduk, 45 NY2d 804; Matter of Callahan v Russo, 123 AD2d 518). Furthermore, the record does not reflect that a verified petition has ever been filed with the Clerk of the Court in the County of Erie. (Appeal from Order of.…