United States Second Circuit

A district court was not empowered to enjoin ongoing state administrative proceedings brought by the New York State Department of Labor against a contractor, under any established exceptions to the Younger abstention doctrine, Younger v. Harris, 401 U.S. 37.

Appellate Information

• Argued 10/30/2001
• Decided 03/01/2002
• Published 07/31/2002

Judges

• McLAUGHLIN, Circuit Judge., Before:  McLAUGHLIN, POOLER, Circuit Judges, and Sand, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Nancie G. Marzulla, Defenders of Property Rights, Washington, DC, for Amicus Curiae Defenders of Property Rights.


• For Appellees:
  
• Seth Kupferberg, Assistant Attorney General for Eliot Spitzer, Attorney General of the State of New York (Daniel Smirlock, Deputy Solicitor General, M. Patricia Smith, Assistant Attorney General in Charge of Labor Bureau, and Pico Paul Ben-Amotz, Assistant Attorney General, of counsel) for Defendants-Appellants and Counter-Defendants-Appellants., Henry W. Killeen, III, Killeen & Killeen, Orchard Park, NY (Anna Marie Richmond and Timothy J. Greenan, of counsel) (Brian P. Fitzgerald, Napier, Fitzgerald & Kirby, Buffalo, NY, on the brief) for Plaintiff-Appellee.