OPINION ISSUED FEBRUARY 3, 1989

OTIS ELEVATOR COMPANY
VS.
DEPARTMENT OF HEALTH
(CC-89-7)

No appearance by claimant.
Janet F. Steele, Assistant Attorney General, for respondent.

PER CURIAM:

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

Claimant seeks $971.84 for elevator repairs performed for Weston State
Hospital, a facility of
the respondent. The respondent admits the validity and amount of the
claim and states that there
were sufficient funds in respondent's budget for the appropriate year
with which the claim could
have been paid; however, the respondent was unable to make payment as
the State Auditor
returned the transmittal to the respondent with the explanation that the
Treasury of the State of
West Virginia lacked sufficient funds to process the transmittal.

The Court has reviewed the petition and Answer and finds that the State
agency had sufficient
funds within its appropriated budget to pay the claim, and, for this
reason, the claimant is entitled
to an award from the respondent.

In view of the foregoing, the Court makes an award in the amount of
$971.84.

Award of $971.84.