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MTR. ROSENSTOCK v. SCARINGE

40 N.Y.2d 563 (1976)

In the Matter of Simon Rosenstock, Respondent, v. Charles P. Scaringe et al., Constituting the Board of Elections of Albany County, Respondents, and Eileen Gallagher, Appellant.

Court of Appeals of the State of New York.

Decided October 21, 1976.

Attorney(s) appearing for the Case

Ruth Tompkins Bridgham, Albany, for appellant.

Stephen W. Herrick, Albany, for Simon Rosenstock, respondent.

Robert G. Lyman, Albany, for Charles P. Scaringe and others, respondents.

Louis J. Lefkowitz, Attorney-General (Lawrence L. Doolittle and Ruth Kessler Toch of counsel), Albany, in his statutory capacity under section 71 of the Executive Law.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Appellant attacks subdivision 3 of section 2103 of the Education Law as violative of the equal protection clause. The threshold question therefore is a determination of the standard of review to be applied in assaying the statute's constitutionality (Alevy v Downstate Med. Center of State of N. Y., 39 N.Y.2d 326...

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