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VAUGHN v. WITHERS

Appellate Division of the Supreme Court of New York, Second Department.
Aug 23, 1989

Ordered that the judgment is affirmed, without costs or disbursements.

The statutory requirement that a special proceeding to invalidate a designating petition be commenced by verified petition is a jurisdictional condition precedent to the commencement of such a proceeding (see, Election Law ยง 16-116; Matter of Callahan v. Russo, 123 A.D.2d 518; Matter of O'Connell v. Ryan, 112 A.D.2d 1100). This proceeding was not commenced by a verified petition. Accordingly, the judgment dismissing the proceeding must be affirmed. Lawrence, J.P., Rubin, Kooper, Sullivan and Rosenblatt, JJ., concur.