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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LEWIS v. MACCHIAROLA
53 N.Y.2d 629 (1981)
Murray 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.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued February 9, 1981.
Decided March 24, 1981.
Attorney(s) appearing for the Case
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.
Court of Appeals of the State of New York.
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