| IN THE MATTER OF HBC VICTOR LLC V TOWN OF VICTOR |
| Motion No: 683-22 |
| Slip Opinion No: 2025 NY Slip Op 74420(U) |
| Decided on July 25, 2025 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, AND OGDEN, JJ.
MOTION NO. 683-22
OP 22-00329
| IN THE MATTER OF HBC VICTOR LLC, PETITIONER, V TOWN OF VICTOR,
RESPONDENT. |
Petitioner having moved to confirm the report of Edward C. Gangarosa, Esq., as referee to report, dated December 4, 2023,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is 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 AD3d 928 [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 AD3d 790, 790-791 [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.
Entered: July 25, 2025
Ann Dillon Flynn
Clerk of the Court