IN THE MATTER OF PILOT TRAVEL CENTERS, LLC V TOWN BOARD OF TOWN OF BATH AND TOWN OF BATH (APPEAL NO. 2.)
Motion No: 544-18
Slip Opinion No: 2018 NY Slip Op 91057(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.


September 28, 2018

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

MOTION NO. 544-18
DOCKET NO. CA 17-02132

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.)


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, and the affidavit of Jeffrey E. Squires, Esq., sworn to August 16, 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