Morgan v. State

*498In 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…