Where verified petitions show up
A petition is the document that starts a special proceeding, a faster and more streamlined type of court case than an ordinary lawsuit. In New York, special proceedings include challenges to government decisions under Article 78, many matters in Surrogate's Court, election challenges, and petitions about arbitration, among others, and petitions in Family Court are also commonly verified. Verification means someone swears that the facts stated are true to their own knowledge, or identifies the ones stated on information and belief. Special proceedings are often decided on the papers, so the petition and its supporting affidavits and exhibits do much of the work that testimony would do in a trial.
What signing the verification means
A verification is a sworn statement, and knowingly false statements in it can lead to sanctions and, in serious cases, perjury exposure. New York now allows many sworn statements to be made by affirmation under penalty of perjury rather than before a notary, but the seriousness is the same. Read every factual paragraph before signing and flag anything you know only secondhand. Rules allow an attorney to verify in some circumstances, but the facts usually come from the client. Gather the documents that support each allegation, including decisions, notices, correspondence, and records, and keep copies of everything filed.
Responding to a verified petition
If you are the respondent, look at the return date on the notice of petition, since answering papers are often due before it and the schedule moves faster than in ordinary litigation. When a petition is verified, the answer usually must be verified as well. In an Article 78 proceeding against an agency, the agency typically files the record of its decision along with its answer, and that record frames the case. Motions to dismiss on threshold grounds, such as a missed deadline, may be available. In a first conversation we read the petition, confirm the dates, and decide whether to answer, move to dismiss, or seek more time.
