| PILOT TRAVEL CENTERS, LLC V TOWN BOARD OF TOWN OF BATH, TOWN OF BATH PLANNING BOARD, MICHAEL LUFFRED, IN HIS OFFICIAL |
| Motion No: CA 17-01703 |
| Slip Opinion No: 2017 NY Slip Op 88728(U) |
| Decided on October 11, 2017 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 17-01703
| PILOT TRAVEL CENTERS, LLC, PETITIONER-APPELLANT, V TOWN BOARD
OF TOWN OF BATH, TOWN OF BATH PLANNING BOARD, MICHAEL LUFFRED, IN HIS OFFICIAL CAPACITY AS CODE ENFORCEMENT OFFICER OF THE TOWN OF
BATH, LOVE'S TRAVEL STOPS & COUNTRY STORE, INC., RESPONDENTS-RESPONDENTS, ET AL., DEFENDANTS. |
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Steuben on July 7, 2017, on the ground that appellant failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of John J. Henry, Esq., sworn to September 27, 2017, the affidavit of Jeffrey E. Squires, Esq., sworn to September 28, 2017, the notices of motion with proof of service thereof, and the affirmation of Joel J. Terragnoli, Esq., dated October 4, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are granted, and the appeal is dismissed without further order unless the appeal is perfected on or before December 11, 2017.
Entered: October 11, 2017
Mark W. Bennett, Clerk