MORGAN v. STATE (2004)

In a claim to recover damages for breach of contract, the claimant appeals from an order of the Court of Claims (Lack, J.), dated December 8, 2003, which, inter alia, granted the defendant's motion to dismiss the claim.

ORDERED that the order is affirmed, with costs.

Contrary to the claimant's contentions, the allegations in the claim, taken as true, are insufficient as a matter of law to establish that the Long Island State Veterans Home (hereinafter LISVH), an agency of the defendant State of New York, breached its agreement with the claimant when it decided to charge private pay residents more than the prevailing rate charged to Medicaid residents.   Accordingly, the Court of Claims properly dismissed the claimant's sole claim predicated on breach of contract (see Jorjill Holding v. Grieco Assoc., 6 A.D.3d 500, 775 N.Y.S.2d 75).

Absent any viable claim to recover damages for breach of contract, the dispute was beyond the subject matter jurisdiction of the Court of Claims.   The claimant's request, in effect, to annul LISVH's determination to raise the daily rate charged to residents of its nursing home, was, in essence, a claim for equitable relief that should have been brought by way of a CPLR article 78 proceeding before the Supreme Court (see Madura v. State of New York, 12 A.D.3d 759, 784 N.Y.S.2d 214 [3d Dept.,2004];  Safety Group No. 194-New York State Sheet Metal Roofing & A.C. Contrs. Assn. v. State of New York, 298 A.D.2d 785, 750 N.Y.S.2d 146;  see also Matter of Gross v. Perales, 72 N.Y.2d 231, 532 N.Y.S.2d 68, 527 N.E.2d 1205;  Advanced Refractory Technologies v. Power Auth. of State of N.Y., 171 A.D.2d 1031, 1031-1032, 568 N.Y.S.2d 986).