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MATTER OF HABERSTRO v. SCHOLL

213 A.D.2d 1082 (1995)

625 N.Y.S.2d 969

In the Matter of Philip L. Haberstro, Appellant, v. Martin T. Scholl et al., Respondents. (Appeal No. 1.)

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

March 17, 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,

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