Opinion
September 27, 1988
Appeal from the Supreme Court, Erie County, Sedita J.
Present — Doerr, J.P., Denman, Boomer, Lawton and Davis, JJ. (Order entered Aug. 26, 1988.)
Order unanimously reversed without costs and petition dismissed. Memorandum: Neither the order to show cause nor the petition included the objector as a party and, therefore, should have been dismissed by the trial court (Matter of Gadsen v Board of Elections, 57 N.Y.2d 751). Moreover, the validation proceeding was not timely commenced under section 16-102 Elec. of the Election Law (Matter of Pell v Coveney, 37 N.Y.2d 494). Finally, petitioners did not comply with section 16-116 Elec. of the Election Law, which requires a verified petition in order to commence a special proceeding (Matter of Goodman v Hayduk, 45 N.Y.2d 804; Matter of Callahan v Russo, 123 A.D.2d 518).