Epps v. Epps

Crew III, J.P.

Cross appeals from an order of the Supreme Court (Coccoma, J.), entered October 25, 2002 in Otsego County, which, inter alia, denied plaintiffs application for counsel fees.

Pursuant to the parties’ October 2000 stipulation of settlement, which was incorporated but not merged in their resulting judgment of divorce, defendant agreed to pay plaintiff weekly maintenance until such time as defendant “fully retires and [plaintiff] is eligible to collect . . . [defendant’s] pension . . . and [plaintiff] is eligible for Social Security [b]enefits on [defendant’s] account.” Defendant…