Opinion
Submitted September 29, 1999
November 1, 1999
Robert J. Cimino, County Attorney, Hauppauge, N.Y. (Kelly A. Reape of counsel), for appellants.
Wolin Wolin, Jericho, N.Y. (Alan E. Wolin of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
DECISION ORDER
In an action, inter alia, to recover damages for breach of contract, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Gerard, J.), entered December 7, 1998, as denied that branch of their motion which was to dismiss the plaintiff's cause of action to recover damages for breach of contract pursuant to CPLR 3211 (a)(7) for failure to state a cause of action.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Accepting as true the factual averments of the complaint and affording the plaintiff the benefit of all favorable inferences which may be drawn therefrom (see, Campaign for Fiscal Equity v. State of New York, 86 N.Y.2d 307, 318 ; CPLR 3211[a][7]), the complaint sufficiently alleges a cause of action to recover damages for breach of contract. Although "[m]unicipal contracts which violate express statutory provisions are invalid" (Granada Bldgs. v. City of Kingston, 58 N.Y.2d 705, 708 ; see, Matter of Guild of Administrative Officers of Suffolk County Community Coll. v. County of Suffolk, 126 A.D.2d 725, 727 ), the defendants failed to demonstrate that the contract at issue is invalid. More specifically, they failed to demonstrate that funds had not been appropriated for the plaintiff's continuing appointment (cf., County Law § 362[3]; Matter of Guild of Administrative Officers of Suffolk County Community Coll. v. County of Suffolk, supra).
BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.