In the Matter of the June 19 2007 Revocable Trust Created by Margaret E. Gurney Deceased. Carolyn Renner as Successor Trustee of the June 19 2007 Trust Created by Margaret E. Gurney Deceased ; St. Mary's Roman Catholic Church et and Hartwick College et

Motion No: 524003

Slip Opinion No: 2016 NY Slip Op 93931(U)

Decided on December 8, 2016

Appellate Division, Third 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.

Decided and Entered: December 8, 2016524003

__________________________________           
In the Matter of the June 19, 2007 Revocable Trust Created by MARGARET E. GURNEY, Deceased.
CAROLYN RENNER, as Successor Trustee of the June 19, 2007 Trust Created by MARGARET E. GURNEY, Deceased,
                                 Respondent;                      
                                                       
                                 DECISION AND ORDER
                      ON MOTION
ST. MARY'S ROMAN CATHOLIC CHURCH et al.,
                                 Appellants,
           and
HARTWICK COLLEGE et al.,
                                 Respondents.                                                       
___________________________________

Motion to dismiss appeal for failure of prosecution.

Cross motion for extension of time to perfect appeal.

Upon the papers filed in support of the motion and the papers filed in support of the cross motion, it is

ORDERED that the appeal is dismissed, without costs, unless appellants shall file and serve a record on appeal and brief on or before February 6, 2017, in which event the motion to dismiss is denied, and it is further

ORDERED that the cross motion for an extension of time to perfect the appeal is granted, without costs, and the time to perfect the appeal is extended to February 6, 2017.
Peters, P.J., McCarthy, Egan Jr. and Devine, JJ., concur.

ENTER:
Robert D. Mayberger
Clerk of the Court