Appellate Division of the Supreme Court of the State of New York October 27, 1997 (State Street Bank & Trust Co. v. Calandro)

In a mortgage foreclosure action, the defendant appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated July 2, 1996, which granted the plaintiff’s motion to confirm the Referee’s report of sale and denied his cross motion, inter alia, to stay confirmation of the report on the grounds, among others, that the Referee erroneously awarded the plaintiff certain costs, fees,