STATE OF NEW YORK
COUNTY OF RENSSELAER AFFIDAVIT IN SUPPORT
OF PROPOSED MOTION
In the matter of;
George J. Jubic, Plaintiff Index # 214005
v. Robert Jubic & Robert McAllister,
I, Christine A Jubic, being duly sworn, depose and say:
1. That I am the lawful wife of George J. Jubic, the above named plaintiff.
2. That I am an interested party to this action through my marriage to the plaintiff in that we share a common interest in the financial welfare of our marital estate.
3. That I am also an interested party in this case due to the fact that my lawful husband, George J. Jubic, the plaintiff in the case, did lawfully transfer to me his interest in the property in question at 19 Cross St., Troy, NY, same property of which is the subject of this lawsuit. (See “Transfer of Interest, annexed)
4. That based upon my own personal knowledge through conversations had with my husband, the plaintiff, his father, and other friends and family-members, and through research conducted at the County Clerks office, I am familiar with the facts and circumstances of the case.
5. That I realize that through no fault of his own, my husband, the plaintiff, is being forced to prosecute this action without the benefit of counsel, in that the counsel previously retained by him has been permanently disbarred, and he is unable to afford the cost of replacement counsel.
6. That to the best of my own knowledge and belief, my husband is not competent to represent himself in any court of law as he has absolutely no understanding of the relevant law, or of the trial and pre-trial process, or of his rights and/or obligations therein.
7. That I am paralegal with over 15 years experience in litigation and trial matters, both criminal and civil, and am infinitely more qualified than my husband to represent our common interest in prosecuting this case.
8. That I make this proposed motion with my husbands full knowledge, consent, understanding and support. (See “Sworn Affidavit of George J. Jubic, annexed)
9. That based on the information as stated above, I respectfully ask the court to :
(a). Join me pursuant to CVL ss. 1002 or 1001, as a co-plaintiff with my husband in this case, or,
(b). In the alternative, whichever the court deems best, to substitute me altogether as the sole plaintiff in
the case as allowed for pursuant to CVL ss. 1018
(c). That any further proceedings in this case pending on the courts calendar and not related to this instant
motion be postponed and/or delayed until which time this motion can be decided.
WHEREFORE, I pray the court to grant the relief requested in paragraphs (a) (b) & (c) above, and for any such further relief the court may deem just and proper.
Christine A Jubic
SWORN TO BEFORE ME
THIS ______DAY OF __________________, 2009