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Matter of Vogelsang v. Coombe

Court of Appeals of the State of New York
Nov 14, 1985
66 N.Y.2d 835 (N.Y. 1985)

Opinion

Argued October 16, 1985

Decided November 14, 1985

Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.

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.



MEMORANDUM.

The judgment of the Appellate Division, insofar as appealed from, should be affirmed, without costs, for the reasons stated in the memorandum of that court ( 105 A.D.2d 913). (See also, People ex rel. Vega v Smith, 66 N.Y.2d 130.) We add only that (1) appellant cannot complain that he was denied an employee assistant (see, 7 N.Y.CRR 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.


Summaries of

Matter of Vogelsang v. Coombe

Court of Appeals of the State of New York
Nov 14, 1985
66 N.Y.2d 835 (N.Y. 1985)
Case details for

Matter of Vogelsang v. Coombe

Case Details

Full title:In the Matter of THOMAS VOGELSANG, Appellant, v. PHILIP COOMBE, JR., as…

Court:Court of Appeals of the State of New York

Date published: Nov 14, 1985

Citations

66 N.Y.2d 835 (N.Y. 1985)
498 N.Y.S.2d 364
489 N.E.2d 251

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