
    
      Opinion issued February 1, 1984
    
    ST. MARY’S HOSPITAL vs. DEPARTMENT OF HEALTH
    (CC-83-302)
    No appearance by claimant.
    Henry C. Bias, Jr., Deputy Attorney General, for respondent.
   PER CURIAM:

This claim was submitted for decision based upon the allegations in the Notice of Claim and respondent’s Answer.

Claimant seeks $97,993.90 for medical services rendered to various patients of Huntington State Hospital. Respondent, in its Answer, admits the validity of the claim, but states that there were no funds remaining in its appropriation for the fiscal year in question from which the claim could be paid.

While this is a claim which in equity and good conscience should be paid, the Court finds that an award cannot be made based upon the decision in Airkem Sales and Service, et al. vs. Dept. of Mental Health, 8 Ct.Cl. 180 (1971).

Claim disallowed.  