Matter of Pilot Travel Ctrs., LLC v. Town Bd. of Town of Bath , 2018 NY Slip Op 5083 ( 2018 )

Matter of Pilot Travel Ctrs., LLC v Town Bd. of Town of Bath (2018 NY Slip Op 05083)

Matter of Pilot Travel Ctrs., LLC v Town Bd. of Town of Bath

2018 NY Slip Op 05083

Decided on July 6, 2018

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 6, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.

544 CA 17-02132

[*1]IN THE MATTER OF PILOT TRAVEL CENTERS, LLC, PETITIONER-APPELLANT,

v

TOWN BOARD OF TOWN OF BATH AND TOWN OF BATH, RESPONDENTS-RESPONDENTS. (APPEAL NO. 2.)

HODGSON RUSS LLP, BUFFALO (JOEL J. TERRAGNOLI OF COUNSEL), FOR PETITIONER-APPELLANT.

JEFFREY E. SQUIRES, BATH, FOR RESPONDENTS-RESPONDENTS.

Appeal from a judgment (denominated order) of the Supreme Court, Steuben County (Joseph W. Latham, A.J.), entered October 2, 2017 in a proceeding pursuant to CPLR article 78. The judgment dismissed the petition.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of Pilot Travel Centers, LLC v Town Bd. of Town of Bath ([appeal No. 1] — AD3d — [July 6, 2018] [4th Dept 2018]).

Entered: July 6, 2018

Mark W. Bennett

Clerk of the Court