In re Arbitration between Industrial Union of Marine & Shipbuilding Workers of America, Local 39, C.I.O.

Upon remission of this matter to this court by the Court of Appeals for consideration of the questions of discretion presented (301 N. Y. 616), we find that in the exercise of discretion the matter should be remitted to the same arbitrator rather than to a different one, and modify the order appealed from accordingly, but without costs. Present — Peck, P. J., Dore, Cohn, Callahan and Van Voorhis, JJ.