DATA TRACK ACCOUNT SERVICES INC v. LEE (2002)

 Defendant appeals from an order that, inter alia, granted that part of plaintiffs' motion seeking to hold him in civil contempt for violating various orders of Supreme Court.   Because defendant either failed to appeal or failed to perfect his appeals from those underlying orders, issues concerning the propriety of those underlying orders are not properly before us (see, Bray v. Cox, 38 N.Y.2d 350, 353, 379 N.Y.S.2d 803, 342 N.E.2d 575), and we decline to exercise our discretion to allow defendant to raise such issues on this appeal (see, Faricelli v. TSS Seedman's, 94 N.Y.2d 772, 774, 698 N.Y.S.2d 588, 720 N.E.2d 864).   The court's determination that defendant violated the terms of the underlying orders is supported by the record, which includes, inter alia, admissions by defendant, and defendant failed to raise an issue of fact requiring a hearing (see, Goldsmith v. Goldsmith, 261 A.D.2d 576, 577, 690 N.Y.S.2d 696).   Attorneys' fees may properly be awarded as a sanction for civil contempt (see, Costanza v. Costanza [appeal No. 2], 213 A.D.2d 1043, 1044, 625 N.Y.S.2d 959), and the court did not abuse its discretion in requiring defendant to pay the amount of $130,000 toward plaintiffs' attorneys' fees.

 The court also properly granted that part of plaintiffs' motion for a permanent injunction enjoining defendant from disclosing confidences and secrets he obtained during his employment as an attorney for plaintiffs.   Plaintiffs established irreparable harm by demonstrating that defendant had made repeated disclosures of confidential information to their detriment and they established that they have no adequate remedy at law (see, McNeary v. Niagara Mohawk Power Corp., 286 A.D.2d 522, 525, 728 N.Y.S.2d 840).   We have examined the remaining issues raised by defendant and conclude that they lack merit.

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: