Smith v. Reagan, 841 F. 2d 28 - Court of Appeals, 2nd Circuit 1988

Defendant-appellant State of New York ( State ) appeals from a Decision-Order of the United States District Court for the Western District of New York (Curtin, Ch. J.) holding in abeyance, pending completion of discovery in the action, its motion to dismiss the complaint on the ground of eleventh amendment immunity. Finding that the Order is appealable, and that the State is entitled to an immediate determination of its claim of immunity in this case, we reverse and remand for a ruling on the motion