IN THE MATTER OF PAPASOFF v. COCKRELL

Despite a recent court order denying her permission to do so, respondent mother relocated the parties' child from New York to Colorado. The reasonable legal fees incurred by petitioner father in seeking to undo this unilateral, illegal conduct should have been fully recoverable ( see Domestic Relations Law § 237 [b]; Kasal v. Kasal, 297 AD2d 624, lv dismissed 99 NY2d 552). The court has discretion to grant, in addition, counsel fees incurred by petitioner in connection with the instant fee application ( see O'Shea v. O'Shea, 93 NY2d 187).

Reargument granted and upon reargument, the decision and order of this Court entered herein on May 25, 2004 ( 7 AD3d 442) is hereby recalled and vacated.