Frisa v. O'Grady
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*395The appeal from the intermediate order dated August 16, 2002, must be dismissed because the right of direct appeal therefrom terminated with the entry of the final order in the proceeding (see Matter of Aho, 39 NY2d 241, 248). The issues raised on appeal from the order are brought up for review and have been considered on the appeal from the final order (see CPLR 5501 [a] [1]).
The sole issue before us is whether the instant proceeding was properly commenced. The parties do not argue the merits.
The petition was not verified as mandated by Election Law § 16-116. The requirement is…
2Cases cited4 opinions
- In re AhoNew York Court of Appeals · 1976
- MATTER OF GOODMAN v. HaydukNew York Court of Appeals · 1978
- Rose v. SmithAppellate Division of the Supreme Court of the State of New York · 1995
- Vaughn v. WithersAppellate Division of the Supreme Court of the State of New York · 1989
3Cited by2 opinions
- Frisa v. McCarthyAppellate Division of the Supreme Court of the State of New York · 2002
- Niebauer v. Board of ElectionsAppellate Division of the Supreme Court of the State of New York · 2010