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.