Opinion
Argued October 7, 1982
Decided November 9, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, GEORGE L. COBB, J.
Martin B. Schaffer, appellant pro se. Paul A. Feigenbaum, Michael Colodner and Kenneth Falk, for Herbert B. Evans, as Chief Administrator of the Unified Court System of the State of New York, respondent.
Robert Abrams, Attorney-General ( William J. Kogan and Peter H. Schiff of counsel), for Edward V. Regan, as Comptroller of the State of New York, respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed, with costs.
We agree with the Appellate Division that plaintiff's causes of action against the State officials are primarily claims against the State for money damages and as such could only be entertained in the Court of Claims (Court of Claims Act, § 9, subd 4). Nor can it be said that the Appellate Division abused its discretion in not converting this complaint requesting monetary compensation for past services into an article 78 proceeding.
Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur; Chief Judge COOKE taking no part.
Order affirmed, with costs, in a memorandum.