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Matter of Callahan v. Russo

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 26, 1986
123 A.D.2d 518 (N.Y. App. Div. 1986)

Opinion

September 26, 1986

Appeal from the Supreme Court, Monroe County, Curran, J.

Present — Callahan, J.P., Green, Pine, Balio and Lawton, JJ. (Order entered Aug. 21, 1986.)


Order unanimously reversed without costs and petition dismissed. Memorandum: Respondent Russo's motion to dismiss the petition should have been granted since the petition was unverified. The Election Law requirement of a verified petition is a jurisdictional condition precedent to commencing a proceeding. (Matter of Goodman v Hayduk, 45 N.Y.2d 804).


Summaries of

Matter of Callahan v. Russo

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 26, 1986
123 A.D.2d 518 (N.Y. App. Div. 1986)
Case details for

Matter of Callahan v. Russo

Case Details

Full title:In the Matter of JANE CALLAHAN, Respondent, v. FRANCIS J. RUSSO…

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

Date published: Sep 26, 1986

Citations

123 A.D.2d 518 (N.Y. App. Div. 1986)

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