IN RE: HBC VICTOR LLC (2025)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: HBC VICTOR LLC, Petitioner, v. TOWN OF VICTOR, Respondent.

MOTION NO. (683 /22)

Decided: July 25, 2025

PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, AND OGDEN, JJ.

Motion to confirm the report of Edward C. Gangarosa, Esq., as referee to report, dated December 4, 2023, granted to the extent that petitioner is awarded reasonable attorney's fees and costs in the total amount of $119,345.14 (see CPLR 4403; Campbell v. New Way Life, Inc., 190 A.D.3d 928, 140 N.Y.S.3d 598 [2d Dept. 2021] [the court may “confirm or reject, in whole or in part ․ the report of a referee and may make new findings with or without taking additional testimony”]). The application is for $119,642.45, but is reduced by $277.29, representing professional fees that are not supported by substantial evidence (see Flagstar Bank, F.S.B. v. Konig, 153 A.D.3d 790, 790-791, 60 N.Y.S.3d 360 [2d Dept. 2017]), and $20.02, representing alcoholic beverages that are not reimbursable, resulting in a final total award in the amount of $119,345.14.

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