Opinion
Motion Nos. 2024-06506 2024-06516 Docket Nos. V-4598-2023 V-4597-2023
11-04-2024
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)
Unpublished Opinion
MOTION DECISION
CHERYL E. CHAMBERS, J.P., JOSEPH J. MALTESE, LARA J. GENOVESI, CARL J. LANDICINO, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order of this Court dated October 25, 2024, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefore:
Appeals from two orders of the Family Court, Orange County, both dated July 12, 2024. Renewed motion by the appellant pro se for leave to prosecute the appeals as a poor person and for the assignment of counsel.
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 it is further, ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the brief of the parties who are directed to upload, through the digital portal on this Court's website, digital copies of their respective brief, with proof of service of one hard copy on each other, or, if self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on each other (22 NYCRR 670.9[a], 1250.5[e][1], 1250.9[e]; Family Ct Act § 1116); and it is further, ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the proceedings, if any, except for those minutes previously transcribed and certified; in the case of stenographers, both transcripts shall be filed with the clerk of the Family Court, and the clerk of the Family Court shall furnish one of such certified transcripts to the appellant's counsel, without charge; in the case of transcription services, one transcript shall be filed with the clerk of the Family Court and one transcript shall be delivered to the assigned counsel. Assigned counsel is directed to provide copies of said transcripts to all of the other parties to the appeals, including the attorney for the child, if any, when counsel serves the appellant's brief upon those parties; and it is further, ORDERED that pursuant to Family Court Act § 1120 the following named attorney is assigned as counsel to prosecute the appeals:
Samuel Coe
50 Main Street, Suite 1000
White Plains, NY 10606
845-393-4263
and it is further,
ORDERED that the assigned counsel shall prosecute the appeals 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 assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.
CHAMBERS, J.P., MALTESE, GENOVESI and LANDICINO, JJ., concur.