Matter of Pilot Travel Ctrs., LLC v Town Bd. of Town of Bath
2018 NY Slip Op 05083 [163 AD3d 1413]
July 6, 2018
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 29, 2018


[*1]
 In the Matter of Pilot Travel Centers, LLC, Appellant,
v
Town Board of Town of Bath et al., Respondents. (Appeal No. 2.)

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 Ctrs., LLC v Town Bd. of Town of Bath ([appeal No. 1] 163 AD3d 1409 [4th Dept 2018]). Present—Smith, J.P., Carni, DeJoseph, NeMoyer and Troutman, JJ.