amendment immunity. See Penhurst, 465 U.S. at 123 n.34. However,
in New York State, the social services program is a state program, administered through the 58 local social services districts under the general supervision of the State Department of Social Services and the State Commissioner of Social Services. (N.Y. Const. art. XVII, § 1; Social Services law, §§ 17, 20, 34.) The county commissioners are denominated by statute "agents" of the State department (Social Services law, § 65, subd. 3). In the administration of public assistance funds, whether they come from Federal, State or local sources, the authority and responsibility is that of the county commissioners of social services, not the counties; the local commissioners act on behalf of and as agents for the State. Each is a part of and the local arm of the single State administrative agency.
Beaudoin v. Toia, 45 N.Y.2d 343, 347, 408 N.Y.S.2d 417, 380 N.E.2d 246 (1978). Thus, it appears that the County Commissioners of Social Services are really state officials for eleventh amendment purposes, and therefore, defendant Cook is entitled to eleventh amendment immunity with respect to the state claims.
Moreover, even assuming that defendant Cook is not a "state official" for eleventh amendment purposes, she still is immune to Valmonte's state claims against her. The eleventh amendment immunizes county officials from liability for state law claims when "the county and the state jointly administer a program and  complete relief [cannot] be afforded by a judgment against the county only." Wylie v. Kitchin, 589 F. Supp. 505, 511 n.8 (N.D.N.Y. 1984); see Penhurst, 465 U.S. at 123-24. In the instant case, the Central register program is jointly run by the State and Local Departments of Social Services; the Local departments of Social Services do the initial investigations of child abuse reports and state DSS reviews the reports if the conclusions of the reports are challenged. In addition, as noted above, the local Commissioners of Social Services are agents of state DSS and are State DSS's local arms. "In short, the present judgment could not be sustained on the basis of the state-law obligations of  [defendant Cook]. Indeed, any relief granted against [defendant Cook] on the basis of state [law] would be partial and incomplete at best. Such an ineffective enforcement of state law would not appear to serve the purposes of efficiency, convenience, and fairness that must inform the exercise of pendent jurisdiction." Penhurst, 465 U.S. at 124. Therefore, even if defendant Cook is not a "state official" for eleventh amendment purposes, the state law claims against defendant Cook must be dismissed. See Wylie v. Kitchin, 589 F. Supp. 505, 510-11 & n.8 (N.D.N.Y. 1984) (dismissing state law claims against County Commissioner of Department of Social Services); see also Sheepshead Nursing Home v. Heckler, 595 F. Supp. 992, 996 (S.D.N.Y. 1984) (dismissing state law claims against acting commissioner of city agency because "it [was] clear that the relief sought against the . . . city defendants  would operate against the State of New York itself.").
Defendants' motion to dismiss Valmonte's first cause of action is denied. Defendants' motion to dismiss that portion of Valmonte's second, fourth, and sixth causes of action that complains that the state will inform prospective child-care employers that Valmonte is the subject of an indicated report, is denied. Defendants' motion to dismiss that portion of Valmonte's second, fourth, and sixth causes of action that complains that the state will inform people other than prospective child care employers that Valmonte is the subject of an indicated report is granted. Defendants' motion to dismiss that portion of Valmonte's second, fourth, and sixth causes of action that complains of the state's mere maintenance of defendants indicated report in the Central Register is granted. Defendants' motion to dismiss Valmonte's third, fifth, seventh, and eighth causes of action is granted.
The parties are directed to attend a status conference in courtroom 312 at 12:00 Noon on May 4, 1992.
Dated: New York, New York
March 31, 1992
KENNETH CONBOY, U.S.D.J.