New York Court of Appeals
In the Matter of Robert L. Schulz, Appellants v. State of New York, Respondents; In the Matter of…
May 11, 199381 N.Y.2d 336
Summary
The Court held that the plaintiffs have standing to sue as constitutional voters in Schulz Appeal No. 1, but affirmed the lower court's order on the ground that the doctrine of laches bars review of the merits; it dismissed Schulz Appeal No. 2 for lack of a preserved substantial constitutional question. Justice Smith dissented, arguing that both appeals should be remanded for merits determination.