Reese v. Lombard

387 N.E.2d 1215, 46 N.Y.2d 904, 414 N.Y.S.2d 899, 1979 N.Y. LEXIS 1847, 102 L.R.R.M. (BNA) 2240

• Court: New York Court of Appeals
• Decided: February 15, 1979
• Status: Published

Opinion

OPINION OF THE COURT

Memorandum.

The orders appealed from should be affirmed, with costs, on the basis of our holding and the rationale enunciated in Matter of Sirles v Cordary (40 NY2d 950, affg on opn at 49 AD2d 330). We would caution, however, that the rationale enunciated in Sirles is properly applicable only to purported contractual limitations upon a new Sheriffs power to appoint, retain, dismiss, promote, or demote deputies whose office required the performance of some civil obligations, and might not serve to justify repudiation by a new Sheriff of other terms of a contract validly entered into by his predecessor.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur.

Orders affirmed, with costs, in a memorandum.