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MATTER OF McGEE v. KORMAN

70 N.Y.2d 225 (1987)

In the Matter of Hansel L. McGee, Respondent, v. Jeffrey R. Korman, Appellant, and Board of Elections of the City of New York, Respondent. (And a Related Proceeding.) Jeffrey R. Korman and Lee L. Holzman, Appellants. In the Matter of Jeffrey R. Korman and Lee L. Holzman, Appellants, v. Alice Sachs et al., Constituting the Board of Elections of the City of New York, and Lorraine Backal, Respondents. (And Related Proceedings.) Lorraine Backal, Respondent.

Court of Appeals of the State of New York.

Decided August 27, 1987.

Attorney(s) appearing for the Case

Paul A. Victor for appellants.

John Patrick Deveney for Hansel L. McGee, respondent.

Kathryn E. Freed for Lorraine Backal, respondent.

Robert Abrams, Attorney-General (Tarquin Jay Bromley, O. Peter Sherwood and Lawrence S. Kahn of counsel), in support of the constitutionality of New York State Election Law § 6-136.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in Per Curiam opinion.

Per Curiam.

The Appellate Division, in appeals taken by contesting candidates, Lee L. Holzman, Hansel McGee and Lorraine Backal, and an objector, Jeffrey R. Korman, has declared Election Law § 6-136 (2) (b) unconstitutional, concluding that by requiring candidates for the same elective office in counties of substantially equivalent population to collect different numbers of signatures, the statute denied equal protection...

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