| 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: 2018 NY Slip Op 65574(U) |
| Decided on February 26, 2018 |
| 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: SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, 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 TOWN OF
BATH, LOVE'S TRAVEL STOPS & COUNTRY STORE, INC., RESPONDENTS-RESPONDENTS, ET AL., DEFENDANTS. |
Appellant having moved for a preliminary injunction on 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,
Now, upon reading and filing the affirmation of Joel J. Terragnoli, Esq., dated January 26, 2018, the affidavit of Paul Gfeller sworn to January 24, 2018, the affidavit of Patrick Deptula sworn to February 2, 2018, the notice of motion with proof of service thereof, the affirmation of Jeffrey E. Squires, Esq., sworn to February 20, 2018, the affidavit of John J. Henry, Esq., sworn to February 20, 2018, and the affidavit of Rick Shuffield sworn to February 17, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: February 26, 2018
Mark W. Bennett, Clerk