| JAMES R. SWIEZY AND GREENLEAF DEVELOPMENT & CONSTRUCTION, LLC V INVESTIGATIVE POST, INC. AND DANIEL TELVOCK |
| Motion No: CA 18-00546 |
| Slip Opinion No: 2018 NY Slip Op 69470(U) |
| Decided on April 6, 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: WHALEN, P.J., CENTRA, CARNI, LINDLEY, AND DEJOSEPH, JJ.
DOCKET NO. CA 18-00546
| JAMES R. SWIEZY AND GREENLEAF DEVELOPMENT & CONSTRUCTION, LLC,
PLAINTIFFS-APPELLANTS, V INVESTIGATIVE POST, INC. AND DANIEL TELVOCK,
DEFENDANTS-RESPONDENTS. |
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 Erie on December 21, 2017, on the ground that appellants failed to perfect timely the appeal,
Now, upon reading and filing the affirmation of Karim A. Abdulla, Esq., dated March 23, 2018, the notice of motion with proof of service thereof, and the affirmation of Andrew P. Devine, Esq., dated March 29, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without further order unless the appeal is perfected on or before June 5, 2018.
Entered: April 6, 2018
Mark W. Bennett, Clerk