Opinion
95583
November 10, 2004.
Mugglin, J. Appeal from a decision of the Supreme Court, Albany County (Benza, J.), dated December 19, 2003, which denied petitioner's application for counsel fees.
Before: Crew III, J.P., Peters, Rose and Lahtinen, JJ., concur.
Supreme Court awarded petitioner counsel fees in the underlying proceeding ( see Public Officers Law § 18 [b]) but, by letter decision, declined to award additional counsel fees to petitioner for this private counsel's work in defending the appeal ( see Matter of Graziano v. County of Albany, 309 AD2d 1062, 1063, lv granted 1 NY3d 507). As Supreme Court's letter decision contains no language that it is either a judgment or order of the court and since no order was entered thereon ( see CPLR 5512 [a]), this Court lacks jurisdiction and the appeal must be dismissed ( see Citibank [South Dakota] v. Morrissey, 276 AD2d 963, 963).
Ordered that the appeal is dismissed, without costs.