Majority
p. 749In the Matter of John McGovern, Petitioner, v New York City Transit Authority et al., Respondents.
Proceeding dismissed on the merits and the respondent transit authority’s determination, dated February 7, 1974, confirmed, without costs. The dismissal of petitioner from his position of transit patrolman was neither arbitrary nor capricious. Gulotta, P. J., Rabin, Martuscello, Latham and Shapiro, JJ., concur.