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Matter of Haberstro v. Scholl

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 1082 (N.Y. App. Div. 1995)

Opinion

March 17, 1995

Appeal from the Supreme Court, Erie County, Mintz, J.

Present — Green, J.P., Pine, Wesley, Davis and Boehm, JJ. (Filed Mar. 8, 1995.)


Order unanimously affirmed without costs. Memorandum: Petitioner failed to submit a verified petition at the time of filing the order to show cause. A verified petition is a jurisdictional condition precedent to commencement of a special proceeding pursuant to Election Law § 16-116 and CPLR 304 (see, Matter of Zicari v. Stewart, 207 A.D.2d 951; see also, Matter of Goodman v. Hayduk, 45 N.Y.2d 804; Matter of Callahan v. Russo, 123 A.D.2d 518). Furthermore, the record does not reflect that a verified petition has ever been filed with the Clerk of the Court in the County of Erie.


Summaries of

Matter of Haberstro v. Scholl

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 1082 (N.Y. App. Div. 1995)
Case details for

Matter of Haberstro v. Scholl

Case Details

Full title:In the Matter of PHILIP L. HABERSTRO, Appellant, v. MARTIN T. SCHOLL et…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 17, 1995

Citations

213 A.D.2d 1082 (N.Y. App. Div. 1995)
625 N.Y.S.2d 969

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