The interim order of the Administrative Law Judge, converting petitioner's motion to dismiss the racial discrimination complaint of petitioner's former tenant on res judicata and collateral estoppel grounds to a motion for summary judgment and denying it, was not a final determination within the meaning of CPLR 7801 (1). Nor does it fall within any of the three exceptions to either the rule of finality or the requirement of exhaustion of administrative remedies: futility...
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