In the Matter of Stephen L. O'Brien v. Eliot Spitzer, as Attorney General of the State of New York

Summary

The New York Court of Appeals held that a private lawyer appointed as referee in a mortgage foreclosure was an independent contractor, not a state employee, and therefore was not entitled to defense and indemnification under Public Officers Law § 17. The Court affirmed that the Attorney General's determination was entitled to deference and reversed the Appellate Division’s order.