McMahon v. Michaelian
| Decision Date | 09 February 1972 |
| Citation | 280 N.E.2d 651,30 N.Y.2d 507,329 N.Y.S.2d 821 |
| Parties | , 280 N.E.2d 651 Daniel F. McMAHON, Sheriff of the County of Westchester, Appellant, v. Edwin C. MICHAELIAN, County-Executive of the County of Westchester et al., Respondents. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the Supreme Court, Appellate Division, Second Department, 38 A.D.2d 60, 326 N.Y.S.2d 845.
Keegan, Keegan & Duggan, White Plains (James J. Duggan, White Plains, of counsel), for plaintiff-appellant.
Edward G. Dillon, Albany, for New York State Sheriffs' Association.
Action by sheriff for declaration of local law placing position of all deputies, officers and employees of sheriff into classified civil service. The Supreme Court, Special Term, Westchester County, John W. Sweeny, J., denied the sheriff's motion for summary judgment and declared the local law to be valid in part and invalid in part and the sheriff appealed.
The Appellate Division modified, and as modified affirmed. It held that in view of provision of the county administrative code that any act or omission of any employee in office of sheriff done in the course of duty shall be the act or omission of county but that nothing should relieve sheriff from any liability for which he is lawfully subject, all appointees of county sheriff are subject to civil service classification, regardless of whether they performed civil or criminal functions. The sheriff appealed.
In the Court of Appeals the sheriff asserted that the local law is invalid in whole or in part in its attempt to place all deputy sheriffs in a competitive class of civil service, that local law violates New York Constitution, that local law is inconsistent with county law and is therefore unconstitutional and that the local law is too vague and indefinite to be enforceable.
Order affirmed, without costs, on the opinion at the Appellate division.
All concur.
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Wilson v. Sponable
... ... liability by enactment of a local law, but in other earlier cases vicarious liability had been imposed on the county by statute (see, also, McMahon v. Michaelian, 30 N.Y.2d 507, 329 N.Y.S.2d 821, 280 N.E.2d 651, affg. on opn. below 38 A.D.2d 60, 326 N.Y.S.2d 845; Commisso v. Meeker, 9 A.D.2d ... ...
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Mitchell v. Yates County Sheriff's Dept.
... ... Erie Co. Legis., 36 A.D.2d 415, 321 N.Y.S.2d 134, affd. 30 N.Y.2d 729, 332 N.Y.S.2d 898, 283 N.E.2d 769; McMahon v. Michaelian, 38 A.D.2d 60, 326 N.Y.S.2d 845, affd. 30 N.Y.2d 507, 329 N.Y.S.2d 821, 280 N.E.2d 651), there has been no such showing here. Nor do I ... ...
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Barr v. Albany County, 1
... ... for the tortious acts of its Deputy Sheriffs as distinct from the tortious acts of the Sheriff himself is found in our decision in McMahon v ... Michaelian, 30 N.Y.2d 507, 329 N.Y.S.2d 821, 280 N.E.2d 651, affg. on opn. below 38 A.D.2d 60, 326 N.Y.S.2d 845. In the McMahon case, ... ...
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Thoubboron v. New York State Dept. of Civil Service
...system. To be sure, there have been some inroads. In McMahon v. Michaelian, 38 A.D.2d 60, 326 N.Y.S.2d 845, affd. 30 N.Y.2d 507, 329 N.Y.S.2d 821, 280 N.E.2d 651, it was held that a county could assume the responsibility for the tortious acts of deputy sheriffs by local law and by so doing ......