Forelli v. State of New York, 179 AD2d 394 [1992] affirmed an award to claimants by the Court of Claims for breach of a lease agreement by the State's Office of General Services (hereinafter OGS). The lease contained an executory clause conditioning payment of rent by OGS upon the availability of moneys appropriated to the Commissioner of OGS. The Court explained that "the word available' in such context relates to the appropriation of funds by the Legislature and the allocation of such funds by the appropriate officer or body . . . such that the unavailability is dependent upon a legislative or budgetary determination or directive not to provide funds for the expenditure in question" (Forelli v. State of New York, supra at 396 ).