Board of Education of City of New York v. State

Yesawich, Jr., and Weiss, JJ.,

dissent and vote to affirm in the following memorandum by Yesawich, Jr., J. Yesawich, Jr., J. (dissenting). There is no question that the Comptroller’s audit is an integral part of this suit. However, the proposed claim does not seek an audit review but money damages; a fixed sum of money which claimant maintains was appropriated to it by the Legislature and allocated to it, with the approval of the State Education Department, but wrongfully withheld. Its purpose is to enforce claimant’s statutory right to payment. The Court of Claims has jurisdiction over such a…