FEISTHAMEL v. STATE OF NEW YORK

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed, without costs. Even if the arbitrator refused to hear evidence of petitioners' character or their service record, such refusal was not misconduct, for the reasons stated in the memorandum at the Appellate Division ( 84 A.D.2d 960).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.