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WILSON v. SPONABLE

81 A.D.2d 1 (1981)

Jerome Wilson, an Incompetent, by his Committee, Mary Wilson Hall, et al., Respondents-Appellants, v. Robert Sponable, as Sheriff of Cayuga County, Appellant-Respondent Jerome Wilson, an Incompetent, by his Committee, Mary Wilson Hall, et al., Respondents-Appellants, v. County of Cayuga et al., Appellants-Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 27, 1981

Attorney(s) appearing for the Case

Bond, Schoeneck & King (S. Paul Battaglia of counsel), for appellants-respondents.

David P. Elkovitch for respondents-appellants.

DILLON, P. J., and MOULE, J., concur with CARDAMONE, J.; SIMONS and DOERR, JJ., dissent in part and vote to modify in accordance with an opinion by SIMONS, J.

CARDAMONE, J.

May a Sheriff or a county be held vicariously liable for the acts of Sheriff's deputies in the performance of their criminal duties (e.g., guarding prisoners in a county jail, and as distinct from their civil functions) is the question raised in the case before us. We conclude that neither may be held vicariously liable.

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