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MATTER OF GOODMAN v. HAYDUK

64 A.D.2d 937 (1978)

In the Matter of Arthur Goodman et al., Respondents, v. Albert T. Hayduk et al., Constituting The Board of Elections of the County of Westchester, and Raymond McNamara, Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 24, 1978

Order and judgment reversed, on the law, without costs or disbursements, and petition dismissed.

The petition annexed to the order to show cause is not verified as mandated by statute (see Election Law, § 16-116). This requirement is jurisdictional in nature, and cannot be cured by amendment (see Matter of Diamond v Power, 21 A.D.2d 660, mot for lv to app den, 14 N.Y.2d 484...

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