
    In the Matter of Russell Hart, Petitioner, v Police Department of the Town of Yorktown et al., Respondents.
   Proceeding pursuant to CPLR article 78 to review a determination of respondent Town Board of the Town of Yorktown, dated October 4, 1974, made after a hearing, which dismissed petitioner from his position of police officer. Determination confirmed and proceeding dismissed, on the merits, without costs. In our opinion, the determination was neither arbitrary nor capricious. Gulotta, P. J., Rabin, Martuscello, Latham and Shapiro, JJ., concur.  