Joshua A. Becker, M. D. & Associates, P. C. v. State

OPINION OF THE COURT

Memorandum.

The order appealed from should be affirmed, with costs. *869Insofar as appellant seeks to recover on a theory of money had and received, no claim therefor was properly asserted. We would note that we do not construe the decision in the Court of Claims as holding that the agreement allegedly entered into between the Downstate Medical Group and the State University of New York in 1969 was not approved by the State Comptroller. Rather, the court held that no agreement between appellant and the State University has been approved by the Comptroller (see State Finance…