Opinion
Argued January 11, 1979
Decided February 15, 1979
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, AUSTIN W. ERWIN, J.
Richard R. Rowley and Brian J. O'Donnell for appellants.
Russell I. Zuckerman and Thomas G. Dignan for William M. Lombard, respondent.
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 N.Y.2d 950, affg on opn at 49 A.D.2d 330). We would caution, however, that the rationale enunciated in Sirles is properly applicable only to purported contractual limitations upon a new Sheriff's 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.