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IN THE MATTER OF GRAZIANO v. COUNTY OF ALBANY

25 A.D.3d 1059 (2006)

807 N.Y.S.2d 478

In the Matter of JOHN A. GRAZIANO, as Election Commissioner of the County of Albany and as Member of the Board of Elections of the County of Albany, Appellant, v. COUNTY OF ALBANY et al., Respondents.

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

January 26, 2006.

Mugglin, J.

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 A.D.3d 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 A.D.2d 1062 [2003], mod

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