New York state Comptroller Thomas DiNapoli says former Governor Eliot Spitzer's administration dodged a state salary cap for a Spitzer appointee by a questionable maneuver.

An audit by DiNapoli's office found former NY State Arts Council Director Heather Hitchens was being paid on contract by the state Economic Development Corporation for work she was already doing as part of her job. DiNapoli says this was a dodge to get around the $109,800 on Hitchens job. The contract paid her about $25,000 a year extra.

Hitchens' attorney says two different state agencies approved it. DiNapoli said the state should look into getting the additional pay back.

Hitchens is no longer with the state. She's now executive director of the American Theater Wing.