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

Full title: IN THE MATTER OF PILOT TRAVEL CENTERS, LLC, PETITIONER-APPELLANT, v. TOWN…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Jul 6, 2018

2018 N.Y. Slip Op. 5083 (N.Y. App. Div. 2018)

Opinion

544 CA 17-02132

07-06-2018

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.

SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.

PRESENT:

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