Movers v. State

Full title: ROSELLI MOVERS, Respondent, v. STATE OF NEW YORK, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 22, 1996

226 A.D.2d 616 (N.Y. App. Div. 1996)

641 N.Y.S.2d 563

Opinion

April 22, 1996

Appeal from the Court of Claims (Mega, J.).

Ordered that the order is affirmed, with costs.

We reject the defendant's contention that the claimant must litigate this dispute, which arose from a written contract to perform services, in a CPLR article 78 proceeding ( see, Court of Claims Act § 9; Granger Sons v. Comptroller of State of N Y, 220 A.D.2d 945; May v. State of New York, 86 A.D.2d 898, affd 57 N.Y.2d 505; Matter of Dominick Dan Alonzo, Inc. v. State of New York, 73 A.D.2d 760; cf., Matter of Rye Psychiatric Hosp. Ctr. v. State of New York, 177 A.D.2d 834; Sidoti v. State of New York, 115 A.D.2d 202). Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.