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MATTER OF REESE v. LOMBARD

Court of Appeals of the State of New York.
Feb 15, 1979
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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.