Momberger v. Momberger

Mercure, J.P.

Appeal from an order of the Supreme Court (Lynch, J.), entered April 5, 2012 in Albany County, which granted defendant’s motion for an award of appellate counsel fees.

The underlying facts are more fully set forth in our prior decision involving the parties, in which we affirmed the denial of plaintiffs motion for termination of his maintenance obligation, but directed defendant to provide plaintiff with certain disclosure required by the parties’ separation agreement (97 AD3d 945 [2012]). The agreement, which was incorporated but not merged into the parties’ judgment of divorce,…