Opinion
September 1, 1982
Appeal from the Supreme Court, Erie County, Green, J.
Present — Simons, J.P., Hancock, Jr., Moule and Schnepp, JJ.
Order unanimously affirmed, without costs. Memorandum: Petitioners appeal from an order of Special Term dismissing the petition to validate the designating petitions of petitioner candidates, on the ground that the petition was improperly verified as required by section 16-116 Elec. of the Election Law. The petition was verified by the attorney for the petitioners rather than any of the petitioners. The requirement that a petition be verified is jurisdictional in nature ( Matter of Goodman v Hayduk, 64 A.D.2d 937, affd 45 N.Y.2d 804) and verification by an attorney rather than a party to the proceeding is not permissible in this case ( Matter of Becker v Power, 207 Misc. 53; see, also, CPLR 3020; Matter of Giambra v Commissioner of Motor Vehicles of State of N Y, 46 N.Y.2d 743). Moreover, the petitions were invalid because of the failure to specify the date of the primary election (see Matter of Braxton v Smolinski, 89 A.D.2d 1053).