JAMES R. SWIEZY AND GREENLEAF DEVELOPMENT & CONSTRUCTION, LLC, V INVESTIGATIVE POST, INC., AND DANIEL TELVOCK, .
Motion No: CA 25-01073 AND CA 25-01913
Slip Opinion No: 2026 NY Slip Op 63074(U)
Decided on February 9, 2026
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.


February 9, 2026

PRESENT: WHALEN, P.J., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.

CA 25-01073 AND CA 25-01913

JAMES R. SWIEZY AND GREENLEAF DEVELOPMENT & CONSTRUCTION,

LLC, PLAINTIFFS-RESPONDENTS-APPELLANTS,

V

INVESTIGATIVE POST, INC., AND DANIEL TELVOCK,

DEFENDANTS-APPELLANTS-RESPONDENTS.


Plaintiffs and defendants having moved to consolidate the appeals and cross appeal taken herein from orders of the Supreme Court, Erie County, entered May 9, 2025 and October 1, 2025, and for other relief

Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,

It is hereby ORDERED that the motions insofar as they seek to consolidate the appeals and cross appeal are dismissed as unnecessary (see 22 NYCRR 1250.9 [f][3]), and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals for defendants-appellants is granted, the time is extended to April 10, 2026, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the cross appeal for plaintiffs-respondents is granted, the time is extended to May 7, 2026, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: February 9, 2026

Ann Dillon Flynn

Clerk of the Court