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Vogelsang v. Coombe

66 N.Y.2d 835 Court N.Y. Decision date 1985-11-14 English

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p. 835
In the Matter of Thomas Vogelsang, Appellant, v Philip Coombe, Jr., as Superintendent of Eastern New York Correctional Facility, et al., Respondents.
Argued October 16, 1985;
decided November 14, 1985
p. 837
APPEARANCES OF COUNSEL
Janet Packard, Robert Selcov and David C. Leven for appellant.
Robert Abrams, Attorney-General (Martin A. Hotvet, Robert Hermann and Peter H. Schiff of counsel), for respondents.

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division, insofar as appealed from, should be affirmed, without costs, for the reasons stated

p. 838
in the memorandum of that court ( 105 AD2d 913 ). (See also, People ex rel. Vega v Smith, 66 NY2d 130 .) We add only that (1) appellant cannot complain that he was denied an employee assistant (see, 7 NYCRR 251-4.1, 254.4), having himself waived that right, and (2) the proceeding was timely commenced and concluded, in light of the circumstances present and the authorization received during the hearing to interview necessary witnesses. The propriety of the Appellate Division’s dismissal of certain charges is not before us.

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone concur.

Judgment, insofar as appealed from, affirmed, without costs, in a memorandum.

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