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GIAQUINTO v. COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH

11 N.Y.3d 179 (2008)

In the Matter of DOMINICK GIAQUINTO, Appellant, v. COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH, Respondent, et al., Respondent.

Court of Appeals of the State of New York.

Decided June 12, 2008.

Attorney(s) appearing for the Case

Pierro Law Group, LLC, Albany (Louis W. Pierro of counsel), for appellant.

Andrew M. Cuomo, Attorney General, Albany (Victor Paladino, Barbara D. Underwood and Andrea Oser of counsel), for New York State Department of Health, respondent.

Empire Justice Center, Albany (Susan C. Antos of counsel), amicus curiae pro se and Peter Dellinger, Rochester, for Empire Justice Center, amicus curiae.

Vollmer & Tanck, P.C., Jericho (Peter Vollmer of counsel), for Peter Vollmer, amicus curiae.

National Center for Law and Economic Justice, Inc., New York City (Henry A. Freedman and Lynn D. Lu of counsel), amicus curiae pro se.

OPINION OF THE COURT

JONES, J.

At issue is whether petitioner is entitled to recover attorney's fees from respondent Commissioner of the New York State Department of Health (DOH) under 42 USC § 1988 (b) or whether such claim is barred under the Eleventh Amendment.

Although we see no impediment under Eleventh Amendment sovereign immunity to petitioner recovering attorney's fees from respondent...

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