Can Section 2604(b)(15) of the New York State Code of Civil Procedure be sustained against an equal protection challenge?
"New York", United States of America
The following excerpt is from Golden v. Clark, 563 N.Y.S.2d 1, 564 N.E.2d 611, 76 N.Y.2d 618 (N.Y. 1990):
Inasmuch as plaintiffs' fundamental rights have not been sufficiently impaired by section 2604(b)(15) to require strict scrutiny, the section can be sustained against an equal protection challenge if it is shown to be rationally related to some conceivable and legitimate State interest (Maresca v. Cuomo, supra; Matter of Rosenstock v. Scaringe, supra; Alevy v. Downstate Med. Center, supra, 39 N.Y.2d at 332, 384 N.Y.S.2d 82, 348 N.E.2d 537).
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