Appellate Division, Second Department · September 11, 2026 · 2026 NY Slip Op 05255
Matter of Ramos v Barravecchio
Read the official decision: 2026 NY Slip Op 05255
Holding The appellate court affirmed the lower court’s denial of the motion to dismiss the petition, finding that the failure to verify the petition was not a basis for dismissal because the respondent failed to give notice with due diligence regarding the defect. Additionally, the court noted that there was no allegation that any substantial right would be prejudiced by the allegedly defective verification.
The court’s words
The requirement is jurisdictional in nature
2026 NY Slip Op 05255, at the official text
since Barravecchio failed to give notice with due diligence as to the alleged lack of verification by Ramos
2026 NY Slip Op 05255, at the official text
there is no allegation that any substantial right would be prejudiced by the allegedly defective verification
2026 NY Slip Op 05255, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 11, 2026 |
| Citation | 2026 NY Slip Op 05255 |
| Area of law | Election Law |
| Week | Week ending September 12, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05255 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 434 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Ramos v Barravecchio, 2026 NY Slip Op 05255 (Appellate Division, Second Department, September 11, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05255/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
Read how Law Watch works