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MATTER OF CALLAHAN v. RUSSO

123 A.D.2d 518 (1986)

In the Matter of Jane Callahan, Respondent, v. Francis J. Russo, Candidate, Appellant, and Ronald J. Starkweather et al., Constituting The Monroe County Board of Elections, Respondents

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

September 26, 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

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