Dominick Dan Alonzo, Inc. v. State of New York

In Dominick Dan Alonzo, Inc. v. State of New York, 73 A.D.2d 760, the claimants alleged that State officials had not properly reimbursed contractors for work and services in accordance with criteria set forth in special legislation. The special bill became necessary when claimants performed emergency construction work pursuant to a contract that was subsequently declared illegal because of the State's failure to comply with public bidding requirements. The Legislature passed a bill authorizing payment for their work "in an amount to be determined by the Comptroller and the Commissioner of the Office of General Services" (73 A.D.2d 760). The claim was described by the Third Department as being "a statutory cause of action," while acknowledging that it could also be considered one for breach of implied contract or for unjust enrichment. The appellate court held that the matter fell within the Court of Claims' jurisdiction even though the parties could have properly commenced an Article 78 proceeding to review the determination made by the two State officials.