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

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.