Opinion · New York Court of Appeals

Vogelsang v. Coombe

Vogelsang v. Coombe, 66 N.Y.2d 835 (New York Court of Appeals 1985)

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1985-11-14
Topic
general

How later courts describe this case

  • supposed “temporary” allowance, for periods of 25 and 14 years at time of litigation, by Parks Commissioner for storage of trucks and equipment above ground by Highway and Sanitation Departments in Cunningham Park in Queens, declared unlawful

Citator

UpLaw has not yet analyzed Vogelsang v. Coombe. The absence of a flag is not a finding that it is good law.

Cited by
46 opinions

OPINION OF THE COURT

Memorandum.

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