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1 IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO

2 IN THE MATTER OF THE ESTATE OF GONZALO GONZALES, Deceased MARCY GONZALES, 5 Petitioner-Appellee, v. No. 31,534 MIGUEL GONZALES, et al., 8 Respondents, and ARNOLD LAREZ, 11 Respondent-Appellant.

12 APPEAL FROM THE DISTRICT COURT OF RIO ARRIBA COUNTY Sarah M. Singleton, District Judge B. Cullen Hallmark Santa Fe, NM for Appellee Arnold Larez Dexter, NM Pro Se Appellant 1 MEMORANDUM OPINION VIGIL, Judge.

3 Appellant Arnold Larez (Larez) appeals from the district court’s dismissal of his claims for wages and personal property and determination that his claims are barred by collateral estoppel and res judicata. [RP Vol.13/2543, 2575] Our notice proposed to affirm and Larez filed a memorandum in opposition. We remain unpersuaded by Larez’s arguments and therefore affirm.

8 In response to our notice, Larez states that he and his attorney were not properly included in the court session that preceded entry of the July 8, 2011 order. [MIO 1] This information does not change our view—as detailed in our notice—that the district court properly ruled that Larez’s claims were barred because of the preclusive effect of prior proceedings and failure to comply with the time limits for presenting claims which arise after the death of a decedent. We further acknowledge Larez’ argument that his motion for reconsideration (motion) [RP Vol.13/2457] of the April 1, 2011 order dismissing the claims [RP Vol.13/2543] was timely filed. [MIO 1-2] For reasons detailed in our notice, we view his motion as a Rule 1-060(B)(2) NMRA motion and conclude that the district court properly denied Larez’s requested relief.

1 For reasons set forth herein and in our notice, we affirm.

2 IT IS SO ORDERED.

3 _______________________________ 4 MICHAEL E. VIGIL, Judge

5 WE CONCUR:

6 _________________________________ CELIA FOY CASTILLO, Chief Judge

8 _________________________________ CYNTHIA A. FRY, Judge