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Lewis v. Macchiarola

Court of Appeals of the State of New York
Mar 24, 1981
420 N.E.2d 972 (N.Y. 1981)

Opinion

Argued February 9, 1981

Decided March 24, 1981

Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, THOMAS R. JONES, J.

Murray B. Schneps for appellant.

Allen G. Schwartz, Corporation Counsel (Alexander J. Wulwick and Carolyn E. Demarest of counsel), for respondent.


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 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.


Summaries of

Lewis v. Macchiarola

Court of Appeals of the State of New York
Mar 24, 1981
420 N.E.2d 972 (N.Y. 1981)
Case details for

Lewis v. Macchiarola

Case Details

Full title:MURRAY LEWIS, Appellant, v. FRANK J. MACCHIAROLA, as Chancellor of the…

Court:Court of Appeals of the State of New York

Date published: Mar 24, 1981

Citations

420 N.E.2d 972 (N.Y. 1981)
420 N.E.2d 972
438 N.Y.S.2d 780

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