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LANG v. STATE OF NY

258 A.D.2d 165 (1999)

696 N.Y.S.2d 3

JUDY A. LANG, Appellant, v. STATE OF NEW YORK, Respondent. STATE OF NEW YORK, Respondent, v. ANTHONY CONSALVO, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 2, 1999.

Attorney(s) appearing for the Case

Steve S. Efron, New York City, for appellants.

Jacqueline E. Berkowitz of counsel (Elizabeth T. Bogren on the brief; Eliot Spitzer, Attorney General, attorney), for respondent.

WILLIAMS, J.P., WALLACH AND BUCKLEY, JJ., concur.

OPINION OF THE COURT

TOM, J.

This appeal involves an attorney's attempts to recover her legal fees from funds paid by her client to the State as restitution for his criminal activity. The question presented is whether these funds, held in escrow postjudgment pending the outcome of further proceedings, were still the client's and available to him to pay the legal fees incurred in connection with his appeal and other proceedings.

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