Citation Codes Equivalent Citations citation codes Attorney(S) 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. See more information ... Smart Summary Please sign up to generate summary. In the Matter of THOMAS VOGELSANG, Appellant, v. PHILIP COOMBE, JR., as Superintendent of Eastern New York Correctional Facility, et al., 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.