Matter of Otero v Estate of Carlos Alvarez
Motion No: 2024-06506
Slip Opinion No: 2026 NY Slip Op 60746(U)
Decided on January 16, 2026
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M310697

JR/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

CARL J. LANDICINO

SUSAN QUIRK, JJ.

2024-06506, 2024-06516

In the Matter of Helen Otero, petitioner-

respondent, v Estate of Carlos Alvarez,

respondent, Gloria M. Luciano, respondent-

appellant.

(Proceeding No. 1)

In the Matter of Helen Otero, petitioner-

respondent, v Gloria M. Luciano, respondent-

appellant, et al., respondent.

(Proceeding No. 2)

(Docket Nos. V-4598-2023, V-4597-2023)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated January 12, 2026, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals from two orders of the Family Court, Orange County, both dated July 12, 2024. Motion by the attorney for the children to be relieved and for a new attorney for the children to respond to the appeal. The following named attorney was assigned as attorney for the children by the Family Court, Orange County:

Donna M. Genovese

81 Main Street, Suite 405

White Plains, NY 10601

914-681-6006

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and said attorney for the children is directed to turn over all papers in the action to new attorney for the children herein assigned; and it is further,

ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as attorney for the children:

Andrew W. Szczesniak

777 Westchester Avenue, Suite 101

White Plains, NY 10604

(914) 682-9282

and it is further,

ORDERED that the attorney for the children shall respond to the appeal expeditiously in accordance with any scheduling order or orders issued pursuant to § 670.3(b) of the rules of this Court (22 NYCRR 670.3[b]); and it is further,

ORDERED that the attorney for the children is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

DUFFY, J.P., WOOTEN, LANDICINO and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court