Does Section 167(4) of the New York State Code of Civil Procedure apply to a plaintiff's claim under Section 167 of the Civil Rights Act?

The district court also failed to find any basis for subjecting the statute to an intermediate level of review. See, e.g., Plyler v. Doe, --- U.S. ----, 102 S.Ct. 2382, 2383, 2395, 72 L.Ed.2d 786 (1982). Substantially for the reasons stated by the district court, ³ we agree that the state did not deny equal protection when it granted plaintiffs in one class of lawsuits a right that it withheld from plaintiffs in another class of lawsuits.

Affirmed.

1 Section 167(4) reads as follows: