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HOLLEY v. LAVINE

Nos. 1152-1154, Dockets 79-7182, 79-7190 and 79-7207.

605 F.2d 638 (1979)

Gayle McQuoid HOLLEY, Individually and on behalf of James McQuoid, Norman McQuoid, Thomas McQuoid, Douglas McQuoid, Michael McQuoid, and Adelaine McQuoid, her minor children, Plaintiff-Appellee-Cross-Appellant, v. Abe LAVINE, as Commissioner of the New York State Department of Social Services, and James Reed, as Commissioner of the Monroe County Department of Social Services, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 13, 1979.

Attorney(s) appearing for the Case

K. Wade Eaton, Rochester, N. Y. (Greater Up-State Law Project, Rochester, N. Y.), for plaintiff-appellee-cross-appellant Gayle McQuoid Holley.

Alan W. Rubenstein, Principal Atty., Albany, N. Y. (Robert Abrams, Atty. Gen. of N. Y., Jeremiah Jochnowitz, Asst. Sol. Gen., Albany, N. Y., of counsel), for defendant-appellant-cross-appellee Abe Lavine, Commissioner of the New York State Department of Social Services.

Charles G. Porreca, Rochester, N. Y. (Monroe County Department of Social Services, Sam DiLalla, Acting Chief Counsel, Brooklyn, N. Y., of counsel), for defendant-appellant-cross-appellee James Reed, Commissioner of the Monroe County Department of Social Services.

Before FRIENDLY and FEINBERG, Circuit Judges, and NEAHER, District Judge.

FEINBERG, Circuit Judge:

This case raises difficult issues of application of the Eleventh Amendment in suits involving welfare benefits. For reasons given below, we affirm a district court judgment that awards plaintiff such benefits retroactively against a County Social Services Commissioner, denies such an award against a State Social Services Commissioner and awards counsel fees to plaintiff against both defendants.

In April 1975, Gayle McQuoid Holley,...

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