Opinion
December 7, 1998
Appeal from the Supreme Court, Nassau County (Lockmnan, J.).
Ordered that the appeal from the judgment is dismissed, as it was superseded by the order made upon renewal; and it is further,
Ordered that the order is affirmed; and it is further,
Ordered that one bill of costs is awarded to the respondents.
We reject the petitioner's contention that the Supreme Court erred in denying his petition without conducting a hearing ( see generally, Matter of Johnson v. Katz, 68 N.Y.2d 649; Matter of Bonacci v. Quinones, 124 A.D.2d 659). Furthermore, upon our review of the record, we find that the respondents' determination on the petitioner's application to become a Nassau County Police Officer was not arbitrary or capricious.
Rosenblatt, J.P., O'Brien, Sullivan, Krausman and Florio, JJ., concur.