Appeal from an order of the Supreme Court (McGill, J.), entered September 23, 2011 in Clinton County, which denied plaintiffs’ motion for an additional award of counsel fees.
The underlying facts of this action are fully set forth in a prior decision of this Court (79 AD3d 1210 [2010], lv dismissed 16 NY3d 794 [2011]). As relevant to this appeal, the parties
Judiciary Law § 773 permits an aggrieved party to recover from the offending party costs and expenses that are directly related to the contemptuous conduct (id. at 1213; see Matter of Lembo v Mayendia-Valdes, 293 AD2d 789, 790 [2002]). Thus, counsel fees incurred in an appeal that is directly connected to the contempt, as well as the reasonable counsel fees and disbursements incurred with respect to the fee application itself, are recoverable (see Bell v White, 77 AD3d 1241, 1245 [2010], lv dismissed 16 NY3d 888 [2011]; Data-Track Account Servs., Inc. v Lee, 15 AD3d 962, 963 [2005]; Matter of Evans v Board of Assessment Review of Town of Catskill, 300 AD2d 768, 769 [2002]). Contrary to the position advanced by defendant and ultimately adopted by Supreme Court, nothing in our prior decision precluded plaintiffs from bringing a subsequent application before Supreme Court for counsel fees and costs related to the appeal.
Since the record is complete, rather than remitting the matter to Supreme Court to consider the application, we will decide the issue (see Matter of Meier v Key-Meier, 36 AD3d 1001, 1004 [2007]; Matter of Daniels v Guntert, 256 AD2d 940, 943 [1998]). Plaintiffs submitted detailed affidavits and time sheets of
Rose, Malone Jr., Stein and Egan Jr., JJ., concur. Ordered that the order is reversed, on the law and the facts, without costs, motion granted and defendant is directed to pay plaintiffs’ counsel $6,360.72 within 180 days of this Court’s decision.
