Graziano v. County of Albany

Appeal from an order of the Supreme Court *1060(Benza, J.), entered December 17, 2004 in Albany County, which denied petitioner’s application for counsel fees.

When petitioner’s counsel fee issue was previously before us, we dismissed for lack of jurisdiction because no order or judgment had been entered in Supreme Court (12 AD3d 819 [2004]). Thereafter, petitioner again moved for counsel fees incurred in defending an appeal in the underlying proceeding (see Matter of Graziano v County of Albany, 309 AD2d 1062 [2003], mod 3 NY3d 475 [2004]). By order entered December 17, 2004, Supreme Court denied…