Friday, December 5, 2008

Hubbies Reply to Defendants Request to Depose

Dont he write a nice letter?

From: George J. Jubic
aka George M. Jubic, Jr., Plaintiff
118 River Rd.
Johnsonville, NY 12094
(518) 753 - 7791

Date: December 4, 2008

To: Michael P. Mansion
Attorney for the Defendants
1528 Central Ave.
Albany, NY 12205

Re: Jubic v. Jubic and McAllister
Supreme Court Rensselaer Co.
Index # 214085

Dear Mr. Mansion,

As you know, I am the plaintiff in the above mentioned proceeding, and am writing to let you know that I will not be attending the deposition you have scheduled for me on Dec. 11, 2008.

I have discovered that the defendants you represent are in non-compliance of a Request for Discovery and Inspection made long before the case was stayed.

On Nov. 8, 2005, the defendants, by and through their then attorney, Mr. Arthur Frost, did submit to my then attorney Mr James L Coffin, a Notice for Discovery and Demand for Inspection.

While I do not have the exact dates because Mr Coffin never did return the records to me as requested numerous times, to the best of my knowledge and belief I do believe that we did reply in a timely manner and satisfactorily as no objections or further inquiries were made.

After having complied with the defendants request for discovery, Mr Coffin did in turn submit to Mr Frost our own Notice and Demand for discovery and inspection, and I do have the approximate date of that request as being made on or about March 31, 2006. Months went by and no reply to our request for discovery was made.

Just as Mr Coffin was planning to file a motion to compel, the case was stayed pending resolution of a related matter in the bankruptcy court, as you should know.

While it was agreed between myself and Mr Coffin that he would also represent me in the bankruptcy proceeding, ...when it came time for court dates and appearances Mr Coffin turned up missing. After several weeks of attempting to contact him through telephone calls and emails, it was apparent that something was wrong. Inquires were made to the New York State Bar Association as to his whereabouts and I was informed by the Association that Mr Coffin had been permanently disbarred from practicing law in the state of New York, and that in fact he was (at that time) currently imprisoned!

I feel that in all fairness, having complied with the defendants discovery requests, that it is important to resolve the issue of the defendants failure to reply to my discovery request previously made to them. Once the defendants comply with said request I will gladly submit to being deposed or examined by you or anybody else, after which I will be ready to file a note of issue and proceed to trial as directed by the judge at our last (Nov. 12th, 2008) hearing.

Thanking you in advance for any consideration you may give this matter.


George J. Jubic, aka George M. Jubic, Jr.

CC: Clerk of the Court
Supreme Court of the State of New York
Rensselaer County Courthouse
80 Second Street
Troy, NY 12180

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