Legal Opinion
MATTER OF GOODMAN v. Hayduk
New York Court of Appeals
Decided September 1, 1978PublishedCited by 28 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, without costs.
*806This special proceeding instituted pursuant to article 16 of the Election Law was brought on by service of an order to show cause accompanied by an annexed unverified petition. Section 16-116 of the Election Law requires that such a proceeding be "heard upon a verified petition”. To find an unverified petition nonetheless acceptable to institute the special proceeding would not serve practical purposes or advance the policy behind section 16-116 of the Election Law (cf. Matter of Diamond v…
2Cases cited4 opinions
- Bednarsh v. CohenAppellate Division of the Supreme Court of the State of New York · 1943
- Diamond v. PowerAppellate Division of the Supreme Court of the State of New York · 1964
- Becker v. PowerNew York Supreme Court · 1954
- Matter of Tuomey v. CohenNew York Court of Appeals · 1946
3Cited by28 opinions
- Rose v. SmithAppellate Division of the Supreme Court of the State of New York · 1995
- Callahan v. RussoAppellate Division of the Supreme Court of the State of New York · 1986
- O'Connell v. RyanAppellate Division of the Supreme Court of the State of New York · 1985
- Atwood v. PridgenAppellate Division of the Supreme Court of the State of New York · 2016
- Frisa v. O'GradyAppellate Division of the Supreme Court of the State of New York · 2002
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