| Matter of Otero v Estate of Carlos Alvarez |
| Motion No: 2024-06506 |
| Slip Opinion No: 2026 NY Slip Op 63862(U) |
| Decided on March 9, 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. |
Appellate Division: Second Judicial Department
M311803
ID/
LARA J. GENOVESI, J.P.
BARRY E. WARHIT
DONNA-MARIE E. GOLIA
PHILLIP HOM, 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 |
Appeals from two orders of the Family Court, Orange County, both dated July 12, 2024. Motion by the appellant pro se to relieve counsel assigned to prosecute appeals, for leave to proceed pro se, for an extension of time to serve and file a reply brief, and for a preference in the calendaring of the appeal. The appellant's motion for assignment of counsel was granted on November 4, 2024. By decision and order on motion of this Court, dated November 5, 2025, the following attorney was assigned as counsel to prosecute the appeals:
Kelli M. O'Brien
P.O. Box 562
Goshen, NY 10924
914-755-3977
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to relieve assigned counsel and for leave to proceed pro se are granted, and counsel is relieved of the assignment and is directed to return any papers in her possession concerning this proceeding to the appellant; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, and on or before March 19, 2026, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as unnecessary (see 22 NYCRR 670.3[b]); and it is further,
ORDERED that the appellant is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.
GENOVESI, J.P., WARHIT, GOLIA and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court