NEW YORK CITY HEALTH & HOSPITALS CORP. v. PERALES

No. 227, Docket 93-6306.

50 F.3d 129 (1995)

NEW YORK CITY HEALTH & HOSPITALS CORPORATION; Medical Society of the State of New York; Sidney Finkel; and John A. Bleski, Plaintiffs-Appellees, and Benedictine Hospital, et al., Plaintiffs-Hospital-Intervenors-Appellees, and Midwood Ambulance & Oxygen Service, Inc., et al., Plaintiffs-Ambulance-Intervenors-Appellees, v. Cesar A. PERALES, as Commissioner of Social Services of the State of New York, Defendant-Appellant, Louis W. Sullivan, as Secretary of the United States Department of Health and Human Services, Defendant.

United States Court of Appeals, Second Circuit.

Decided March 10, 1995.


Attorney(s) appearing for the Case

Judy E. Nathan, Asst. Atty. Gen. of N.Y.; New York City (G. Oliver Koppell, Atty. Gen. of N.Y.; New York City, of counsel), for defendant-appellant.

Peter F. Nadel, New York City (David A. Florman, Rosenman & Colin, New York City, of counsel; Jay G. Safer, LeBoeuf, Lamb, Greene & Macrae, New York City of counsel), for appellees.*

Jay G. Safer, New York City (LeBoeuf, Lamb, Greene & Macrae, New York City, of counsel; Peter F. Nadel, David A. Florman, Rosenman & Colin, New York City, of counsel), for appellees.*

Before: LUMBARD, CARDAMONE and MINER, Circuit Judges.


CARDAMONE, Circuit Judge:

The Eleventh Amendment is at the center of this appeal. We recognize the always existing tension between the supremacy of federal law and the limitation on federal judicial power — established by the Eleventh Amendment — that enshrines the states' sovereign immunity. Eleventh Amendment jurisprudence has dealt with these conflicting concepts by using notions of an ongoing wrong, remedied prospectively, contrasted with a past...

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