OPINION OF THE COURT

Judgment appealed from and order of the. Appellate Division brought up for review affirmed, with costs. The issue argued on appeal, not having been considered by the administrative agency in making its determination, may not be reviewed by this court (Matter of Barry v O’Connell, 303 NY 46).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye and Alexander. Taking no part: Judge Titone.