County of Monroe v. AFSCME

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

We agree with the Appellate Division that petitioners have failed to demonstrate that Deputy Fagan performed any civil duties so as to entitle the newly elected Sheriff, Andrew Meloni, to discharge him without regard to the contractual limitations in the collective bargaining agreement entered into by the Sheriff’s predecessor (cf. Matter of Reese v Lombard, 46 NY2d 904; Matter of Sirles v Cordary, 40 NY2d 950).

Fagan had served as a guard in the Monroe County Jail for eight years prior to being discharged by…