Foley v. Grasso

Appellate Division of the Supreme Court of New York

Foley v. Grasso

114 A.D.2d 585, 494 N.Y.S.2d 45, 1985 N.Y. App. Div. LEXIS 53283

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 11, 1985

StatusPublished

This text of 114 A.D.2d 585 (Foley v. Grasso) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Foley v. Grasso, 114 A.D.2d 585, 494 N.Y.S.2d 45, 1985 N.Y. App. Div. LEXIS 53283 (N.Y. Ct. App. 1985).

Pincite

Opinion

—Per Curiam.

Appeal from a judgment of the Supreme Court at Special Term (Conway, J.), entered October 7, 1985 in Albany County, which, in a proceeding pursuant to Election Law § 16-102, dismissed petitioner’s application for, inter alia, failure to timely commence the proceeding.

Following the Conservative Party’s judicial convention on September 20, 1985 nominating respondents Frank N. Grasso and Mario M. Albanese as Conservative Party candidates for the office of Justice of the Supreme Court for the Fourth Judicial District in the November 5, 1985 general election, petitioner instituted this proceeding to challenge the validity of the nominations.

We agree with Special Term that the failure of the petition to have been verified before the Statute of Limitations had run on September 30, 1985 (see, Election Law § 16-102 [2]) constitutes a jurisdictional defect which cannot be cured by amendment (Matter of Goodman v Hayduk, 45 NY2d 804; Matter of O’Connell v Ryan, 112 AD2d 1100, lv denied 65 NY2d 607 and requires dismissal of the petition. The judgment appealed from should therefore be affirmed.

Judgment affirmed, without costs. Mahoney, P. J., Main, Casey, Weiss and Levine, JJ., concur.

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