IN RE: Philip Ramos (2026)

Argued—September 10, 2026

DECISION & ORDER

M/

In a proceeding pursuant to Election Law § 16–102, inter alia, to invalidate a certificate of acceptance of Dennis J. Barravecchio designating him as a candidate in a primary election to be held on June 23, 2026, for the nomination of the Conservative Party as its candidate for the public office of Member of the New York State Assembly for the 6th Assembly District, Dennis J. Barravecchio appeals from a final order of the Supreme Court, Suffolk County (James F. Matthews, J.), dated April 30, 2026.  The final order, insofar as appealed from, denied that branch of the motion of Dennis J. Barravecchio which was pursuant to CPLR 3211(a) to dismiss the petition insofar as asserted by the petitioner Philip Ramos against him and granted those branches of the petition which were to invalidate the underlying designating petition and to direct the Suffolk County Board of Elections to remove his name from the ballot as a candidate for the nomination of the Conservative Party as its candidate for the public office of Member of the New York State Assembly for the 6th Assembly District.

ORDERED that the final order is affirmed insofar as appealed from, without costs or disbursements.

The petitioner Philip Ramos, and another petitioner, commenced this proceeding pursuant to Election Law § 16–102, inter alia, to invalidate a certificate of acceptance filed by Dennis J. Barravecchio designating Barravecchio as a candidate in a primary election to be held on June 23, 2026, for the nomination of the Conservative Party as its candidate for the public office of Member of the New York State Assembly for the 6th Assembly District.  Barravecchio moved, among other things, pursuant to CPLR 3211(a) to dismiss the petition insofar as asserted by Ramos against him.  Ramos opposed.  In a final order dated April 30, 2026, the Supreme Court, inter alia, denied that branch of Barravecchio's motion and granted those branches of the petition which were to invalidate the underlying designating petition and to direct the Suffolk County Board of Elections to remove Barravecchio's name from the ballot.  Barravecchio appeals.

Section 16–116 of the Election Law requires that a special proceeding commenced under article 16 of the Election Law be heard upon a verified petition (see Matter of Goodman v. Hayduk, 45 N.Y.2d 804, 806;  Matter of Lee v Orange County Bd. of Elections, 164 AD3d 717, 718).  The requirement is jurisdictional in nature (see Matter of Francois v Rockland County Bd. of Elections, 205 AD3d 847, 848).  Under the particular circumstances of this case, since Barravecchio failed to give notice with due diligence as to the alleged lack of verification by Ramos (see CPLR 3022;  Matter of Francois v Rockland County Bd. of Elections, 205 AD3d at 848;  Matter of Master v. Pohanka, 44 AD3d 1050, 1052), dismissal of the petition insofar as asserted by Ramos against Barravecchio was not warranted.  Moreover, we note that there is no allegation that any substantial right would be prejudiced by the allegedly defective verification (see Matter of Lee v Orange County Bd. of Elections, 164 AD3d at 718;  Matter of Master v. Pohanka, 44 AD3d at 1052).

Barravecchio's remaining contentions either are not properly before this Court or need not be addressed.

DUFFY, J.P., BARROS, VENTURA and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court