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MATTER OF NIEBAUER v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK

2010-07884

76 A.D.3d 660 (2010)

905 N.Y.S.2d 776

In the Matter of MICHAEL N. NIEBAUER et al., Appellants, v. BOARD OF ELECTIONS IN THE CITY OF NEW YORK et al., Respondents.

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

Decided August 18, 2010.

Ordered that the final order is affirmed, without costs or disbursements.

Section 16-116 of the Election Law requires that a special proceeding brought under article 16 of the Election Law shall be "heard upon a verified petition" (see Matter of Goodman v Hayduk, 45 N.Y.2d 804, 806 [1978]). The requirement is jurisdictional in nature and cannot be cured by amendment (id.; see Matter of Frisa v McCarthy,

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