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MATTER OF O'SHEA v. STATE OF NEW YORK, OFFICE OF THE COMPTROLLER

281 A.D.2d 774 (2001)

722 N.Y.S.2d 109

In the Matter of KATHLEEN O'SHEA, Petitioner, v. STATE OF NEW YORK, OFFICE OF THE COMPTROLLER, as Garnishee Indebted to KERRY KOTLER, Respondent. KERRY KOTLER, Appellant. H. CARL McCALL, as New York State Comptroller, Respondent, v. VITALE & LEVITT, P. C., et al., Defendants. RUTH BENDER, Proposed Intervenor-Appellant.

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

Decided March 15, 2001.

Cardona, P. J.

The subject appeals concern the disposition of a $1,510,000 judgment awarded to Kerry Kotler in 1997 pursuant to Court of Claims Act § 8-b. That award, affirmed by the Second Department (Kotler v State of New York, 255 A.D.2d 429), concluded that Kotler was unjustly convicted in 1982 of seven counts of rape, robbery and burglary (People v Kotler, 118 A.D.2d 592

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