919 Westfall Rd Rochester, NY
REFEREE’S NOTICE OF FORECLOSURE SALEFile No. 2016-787/N
SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF MONROE
AC 39, LLC, Plaintiff, v. ANTHONY J. COSTELLO & SON (MARIA) DEVELOPMENT, LLC, ANTHONY J. COSTELLO & SON (JANINE) DEVELOPMENT, LLC, GENESEE VALLEY ASSOCIATES (BLDG. C), LLC, ESTATE OF ANTHONY J. COSTELLO, Defendants.
PLEASE TAKE NOTICE THAT
In pursuance of a Consent Judgment of Foreclosure and Sale, dated and entered herein on November 17, 2025 (the "Judgment"), I, the undersigned Referee named in the Judgment, will sell in one parcel at public auction on February 10th, 2026 at 10:00 a.m. at the lower atrium Hall of Justice, 99 Exchange Street, Rochester, New York 14614, the premises more particularly described in the Judgment and commonly known as (the "Mortgaged Premises"):
PARCEL A: 919 Westfall Road, Town of Brighton, County of Monroe, State of New York (Tax Map Parcel No. 136.19-1-60.1), shown on a map entitled "C.W. Associates Resubdivision Map", prepared by Sear-Brown Associates, P.C. dated October 20, 1983, having Drawing No. 2645B-02, which map was filed in the Monroe County Clerk's Office on July 27, 1984, in Liber 228 of Maps, page 6;
PARCEL B: 2280 South Clinton Avenue, Town of Brighton, County of Monroe, State of New York (Tax Map Parcel No. 136.19-1-60.6), shown on a map entitled "Clinton Crossings Buildings A, B, C & I, Redevelopment, Re-Subdivision of Parcel 2 of the C.W. Associates Subdivision and Lot R-3 of the Clinton Crossings Re-Subdivision and other lands," prepared by Costich Engineering, P.C., having drawing number 1040.03-3, dated 5/2/2006, last revised 10/30/2006 and filed in the Monroe County Clerk's Office in Liber 329 of Maps, Page 74;
PARCEL C: 979 Westfall Road, Town of Brighton, County of Monroe, State of New York (Tax Map Parcel No. 136.19-1-60.4), shown on a map entitled "C.W. Associates Resubdivision Map," prepared by Sear-Brown Associates, P.C. dated October 26, 1983, having Drawing No. 264513-02 which map was filed in the Monroe County Clerk's Office on July 27, 1984, in Liber 228 of Maps, page 6;
TOGETHER WITH AND SUBJECT TO all covenants, easements, restrictions and rights of way of record affecting the Mortgaged Premises; TOGETHER WITH a quitclaim of Plaintiff's interest in all fixtures and articles of personal property owned by the Defendants attached to or used in connection with said Mortgaged Premises; and
SUBJECT TO all of the terms and conditions set forth in the Judgement.
JUDGMENT AMOUNT: $21,817,119.40, plus interest thereon, costs and attorneys' fees from the entry of the Judgment to the sale and transfer of the Mortgaged Premises.
Dated: January 5, 2026
MICHAEL T. PATTISON, ESQ.
Referee
45 Exchange Blvd., 4th Floor
Rochester, New York 14614
Tel.: (585) 944-5444
MPattison.law@gmail.com
For Informational Purposes: NIXON PEABODY LLP
Attorneys for Plaintiff AC 39, LLC
Richard A. McGuirk, Esq
John F. D'Amanda, Esq.
211 High Point Drive, Suite 110
Victor, New York 14564
Tel.: (585) 263-1000
rmcguirk@nixonpeabody.com
jdamanda@nixonpeabody.com4126170 1-14-15-20-22-27-29-6t