Matter of Nassau Educ. Chapter of the Civil Serv. Employees Ass'n, Inc. v. Great Neck Union Free Sch. Dist.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

Although the Appellate Division’s order recites that it is “on the law” rather than “on the law and the facts,” CPLR 5612 (subd [a]) permits us (contrary to prior practice see Rugg v State of New York, 303 NY 361) to look to “any order of the Appellate Division and to its opinion” to determine whether it resolved factual issues in reaching its conclusion (Second Preliminary Report, Advisory Committee on Practice and Procedure [NY Legis Doc, 1958, No. 13], p 362). The majority opinion below…