New York Court of Appeals, 1981

Lewis v. Macchiarola

New York Court of Appeals · Decided March 24, 1981

53 N.Y.2d 629; 420 N.E.2d 972; 438 N.Y.S.2d 780; 1981 N.Y. LEXIS 2297

Cases that cite this one

4 later published cases cite this decision.

Matter of Dourdounas v. City of New York (N.Y. 2025)
Albala v. County of Nassau (Appellate Division of the Supreme Court of New York 2000)
Sapadin v. Board of Education (Appellate Division of the Supreme Court of New York 1998)
Aloi v. Board of Education (Appellate Division of the Supreme Court of New York 1981)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 *631error 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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.