Tenneriello v. Board of Elections

New York Court of Appeals

Tenneriello v. Board of Elections

468 N.E.2d 1115, 63 N.Y.2d 700, 479 N.Y.S.2d 978, 1984 N.Y. LEXIS 4548

CourtNew York Court of Appeals

DecidedAugust 28, 1984

StatusPublished

Cited by5 cases

This text of 468 N.E.2d 1115 (Tenneriello v. Board of Elections) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenneriello v. Board of Elections, 468 N.E.2d 1115, 63 N.Y.2d 700, 479 N.Y.S.2d 978, 1984 N.Y. LEXIS 4548 (N.Y. 1984).

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Opinion

OPINION OF THE COURT

Memorandum.

The judgment appealed from and order of the Appellate Division brought up for review should be affirmed, without costs.

Section 16-116 of the Election Law provides that a special proceeding brought under article 16 “shall be heard upon a verified petition.” In the case of proceedings instituted by the State or a board of elections, the petition must be verified by a person specified in accordance with rules promulgated by the State Board of Elections (Election Law, § 16-116), but the Legislature has not otherwise required that the verification be made by any particular person. Consequently, the question of who may verify the petition is governed by CPLR 3020, which permits an attorney to verify where, as here, he has an office in a county other than the one in which petitioners are (CPLR 3020, subd [d], par 3).

Appellants do not on this appeal challenge the form of the verification (see CPLR 3021).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Simons and Kaye concur; Judge Meyer taking no part.

Judgment appealed from and order of the Appellate Division brought up for review affirmed, without costs, in a memorandum.

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OPINION OF THE COURT

Memorandum.

The judgment appealed from and order of the Appellate Division brought up for review should be affirmed, without costs.

Section 16-116 of the Election Law provides that a special proceeding brought under article 16 “shall be heard upon a verified petition.” In the case of proceedings instituted by the State or a board of elections, the petition must be verified by a person specified in accordance with rules promulgated by the State Board of Elections (Election Law, § 16-116), but the Legislature has not otherwise required that the verification be made by any particular person. Consequently, the question of who may verify the petition is governed by CPLR 3020, which permits an attorney to verify where, as here, he has an office in a county other than the one in which petitioners are (CPLR 3020, subd [d], par 3).

Appellants do not on this appeal challenge the form of the verification (see CPLR 3021).

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Simons and Kaye concur; Judge Meyer taking no part.

Judgment appealed from and order of the Appellate Division brought up for review affirmed, without costs, in a memorandum.

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Bluebook (online)

468 N.E.2d 1115, 63 N.Y.2d 700, 479 N.Y.S.2d 978, 1984 N.Y. LEXIS 4548, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tenneriello-v-board-of-elections-ny-1984.

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