| IN THE MATTER OF PILOT TRAVEL CENTERS, LLC V TOWN BOARD OF TOWN OF BATH, TOWN OF BATH PLANNING BOARD, MICHAEL LUFFRED |
| Motion No: 539-18 |
| Slip Opinion No: 2018 NY Slip Op 91056(U) |
| Decided on September 28, 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.
MOTION NO. 539-18
DOCKET NO. CA 17-01703
| IN THE MATTER OF 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 STORES, INC., RESPONDENTS-RESPONDENTS, ET AL.,
RESPONDENTS. (APPEAL NO. 1.) |
Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the order of this Court entered July 6, 2018,
Now, upon reading and filing the affirmation of Henry A. Zomerfeld, Esq., dated August 7, 2018, the notice of motion with proof of service thereof, the affidavit of John J. Henry, Esq., sworn to August 15, 2018, and the affidavit of Jeffrey E. Squires, Esq., sworn to August 15, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: September 28, 2018
Mark W. Bennett, Clerk