Opinion
September 1, 1982
Appeal from the Supreme Court, Erie County, Green, J.
Present — Simons, J.P., Hancock, Jr., Denman, Moule and Schnepp, JJ.
Order unanimously modified in accordance with memorandum, and, as modified, affirmed, without costs. Memorandum: Petitioners appeal from an order of Special Term dismissing the petition to validate designating petitions as to petitioners and others similarly situated who had not verified the petition. Although section 16-116 Elec. of the Election Law requires that such petitions be verified ( Matter of Goodman v Hayduk, 64 A.D.2d 937, affd 45 N.Y.2d 804), there is no requirement that all petitioners united in interest verify the petition ( Matter of Maniscalco v Power, 4 A.D.2d 479, affd 3 N.Y.2d 918; CPLR 3020, subd [d]; cf. Matter of Dusanenko v Le Fever, 84 A.D.2d 583). Special Term erred, therefore, when it refused to exercise jurisdiction over the claims of petitioner, Joseph Lo Tempio, and its order is modified to provide that the designating petitions of Joseph Lo Tempio comply with the requirements of section 6-132 Elec. of the Election Law.