Frisa v. Irace

*394The 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 jurisdictional in nature and cannot be cured by amendment (see Matter of Goodman v Hayduk, 45 NY2d 804).

We further note that our determination will not disenfranchise any voters (cf. Matter of Rose v Smith, 220 AD2d 922). Smith, J.P., Goldstein, Mastro and Rivera, JJ., concur.

Friedmann, J., dissents and votes to affirm the final order insofar as appealed from, with the following memorandum:…