Majority
p. 629Murray Lewis, Appellant, v Frank J. Macchiarola, as Chancellor of the Board of Education of the City School District of the City of New York, et al., Respondents. Argued February 9, 1981; decided March 24, 1981
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APPEARANCES OF COUNSEL
Murray B. Schneps for appellant.
Allen G. Schwartz, Corporation Counsel (Alexander J. Wulwick and Carolyn E. Demarest of counsel), for respondent.
OPINION OF THE COURT
Memorandum.
The order appealed from should be affirmed, essentially for the reason stated in the memorandum at the Appellate Division. In that connection we note that, if the respondent had raised the failure to exhaust administrative remedies point at Special Term, it could not have been obviated factually or legally. Therefore, especially since the matter was legally conclusive of the case, we cannot say that it was
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error as a matter of law for the Appellate Division to have based its disposition on that ground.
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
Order affirmed, with costs, in a memorandum.