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GOLLOMP v. SPITZER

Docket No. 07-0847-cv.

568 F.3d 355 (2009)

Bernard P. GOLLOMP, Plaintiff-Counter-Defendant-Appellant, v. Eliot SPITZER, individually and in his official capacity as Attorney General of the State of New York, State of New York, Unified Court System of the State of New York, Town of Orangetown, Thom Kleiner, in his official capacity as Supervisor for the Town of Orangetown, Bruce Muldoon, esq., individually and in his capacity as Law Clerk, Rockland County Court, Eric Dubbs, Michelle Dubbs, and Seymour Dubbs, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 8, 2009.

Attorney(s) appearing for the Case

Madeline Sheila Galvin, Galvin & Morgan, Delmar, NY, for Plaintiff-Counter-Defendant-Appellant.

Kathleen M. Arnold, Assistant Solicitor General (Andrew M. Cuomo, Attorney General of the State of New York, Barbara D. Underwood, Solicitor General, Andrew D. Bing, Deputy Solicitor General, on the brief), Office of the Attorney General of the State of New York, Albany, NY, for Defendants-Appellees.

Before: LEVAL, CABRANES, and LIVINGSTON, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

We consider in this opinion (1) whether Eleventh Amendment sovereign immunity bars suits against the Unified Court System of the State of New York, and (2) whether the imposition on plaintiff's counsel of attorneys fees as a form of sanctions pursuant to 28 U.S.C. § 1927 was an abuse of discretion.

BACKGROUND

Plaintiff Bernard P. Gollomp appeals from a January 14, 2009 judgment of the United States District...

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