
    DiPizio Construction Co., Inc., Appellant, v State of New York, Respondent.
    [788 NYS2d 893]
   Appeal from an order of the Court of Claims (Renee Forgensi Minarik, J.), entered March 5, 2004. The order granted defendant’s motion seeking summary judgment dismissing the claim in an action for breach of contract.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs for reasons stated in decision at the Court of Claims. Present— Hurlbutt, J.E, Gorski, Martoche, Smith and Lawton, JJ.  