Angletti v. Morreale

Scudder, P.J., and Valentino, J.

(dissenting). We agree with the majority that the verification of the petition by petitioner’s attorney does not constitute a jurisdictional defect (see Matter of Miller v Board of Assessors, 91 NY2d 82, 86 [1997]; People ex rel. New York City Omnibus Corp. v Miller, 282 NY 5, 9 [1939]), and that Supreme Court properly determined that the committee to fill vacancies could not designate Marcus Morreale (respondent) to fill a vacancy created by his own declination (see Matter of Garfinkel v Power, 208 Misc. 719, 720 [1955], affd 286 App Div 957 [1955], affd 309…