Notice of Omnibus Motion

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER


George J Jubic, Plaintiff, NOTICE OF
v. MOTIONS
Robert Jubic & Robert McAllister, Index# ____________
Defendants,

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To: Clerk;

PLEASE TAKE NOTICE THAT I, George J. Jubic, aka George M. Jubic, Jr., am the plaintiff in the above mentioned proceeding, and I do hereby give notice of an omnibus motion to be made in The Supreme Court of the State of New York, County of Rensselaer, located at 80 Second St., Troy, NY, for, among other things, permission to proceed as a poor person and for assignment of counsel, said motion(s) to be heard on the ______day of April, 2009, or as soon thereafter as the matter can be heard.

PLEASE ALSO TAKE NOTICE that replies in opposition, if any, should be filed no later than ____days before the return date of this motion.

Dated:________ ______________________________
George J Jubic,
Plaintiff, Pro Se
118 River Rd., 2nd Fl.
Johnsonville, NY 12094
(518) 753 - 7791

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

Office of the Rensselaer County Attorney
Rensselaer Co. Office Bldg.
1600 7th Av
Troy, NY 12180
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AFFIDAVIT IN SUPPORT OF MOTIONS
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RENSSELAER


George J Jubic, Plaintiff, AFFIDAVIT IN SUPPORT
v.
Robert Jubic & Robert McAllister, Index# ____________
Defendants,

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STATE OF NEW YORK
COUNTY OF RENSSELAER;

George J. Jubic, being duly sworn, depose and say:

1. That I am the plaintiff in the above mentiond proceeding.

2. That I reside at 118 River Rd., 2nd Fl., Johnsonville, NY 12094, County of Rensselaer, State of New York, and I have resided in the State of New York all my life, which is nearly 60 years.

3. I have commenced this action against the defendants while represented by an attorney (Mr. James L. Coffin) but he has since been permanently disbarred from practicing law in the State of New York.

4. Due to financial difficulties, mostly attributed to the wrongs suffered upon me by the defendants willful and wrongful diverson of my partnership funds, I have found it necessary to file a Chapter 13 bankruptcy in the District Court for the Second Circuit to save my home from forclosure. (See Matter of George J Jubic, Case #______________)

5. My sole source of income is from my employment where I earn $10.00 per hour.

6. My only property is the home I am living in, the value of which is said to be upwards of $100,000, but I owe $70,000 on the mortgage and $10,000 in outstanding debt from mortgage and property tax arrears.

MOTION FOR PERMISSION TO PROCEED AS A POOR PERSON AND FOR ASSIGNMENT OF COUNSEL

7. I make this application for permission to proceed as a poor person and for assignmnet of counsel pursuant to Section 1101 & 1102 of the Civil Practice Law & Rules upon the grounds that I am unable to pay the costs, fees and expenses necessary to prosecute my case and am unable to obtain the funds to do so, and unless an order is entered relieving me from the obligation to pay any fees, costs or expenses related to the litigation of this case, and unless I am assigned counsel to represent my interests, I will be unable to prosecute my case.

8. No other person is beneficially interested in the recovery of any monies sought herein, with the exception of my lawful wife, who has no means of income and is also unable to contribute to or offset the cost of prosecuting this case.

9. No previous formal application has been made for the same or similar relief.

MOTION TO RECONSIDER ORDER REQUIRING PAYMENT OF $150.00 TO DEFENDANTS

10. Plaintiff was schedualed to be deposed, without an attorney, at the office of denfendants attorney on Dec. 11, 2009.

11. On Dec. 6, 2009, Plaintiff did send a certified letter to defendants attorney informing him that plaintiff would not be attending the Dec. 11, 2009 deposition.

12. Shortly thereafter, sometime after December 11, 2009, defendants attorney, alleging that he did not receive plaintiffs letter until late in the afteroon of Dec. 11, 2009, made a motion in the court to seeking to have plaintiff pay $1,000 for his and the stnographer fees for the Deposition on Dec. 11, 2009 in which plaintiff did not attend.

13. The court granted defendant/attoneys request in part and denied in part, denying attorneys legal fees but holding plaintiff liable for the $150 in stenographers fees, reasoning that plaintiff had not ....."made any reasonable attempt" to notify (defendants) attorney that he would not be attending the Dec. 11th, 2009 deposition.

14. On or about March 28, 2009, the plaintiff contacted the Inspector General of the United States Postal Service to look into the matter of the certified letter that defendants attorney alleged took five (5) days to deliever.

15. The Inspector General did track the certified letter which was mailed on Dec. 6, 2009, to discover that the first attempt to deliver the letter was on December 9th, 2009, at which time the carrier left a NOTICE that there was a cerified letter waiting for him to pick up at the post office. The Inspector General also offered that the senders information was printed on the notice so that the defendants attorney would know who it was from.
(See document from the Inspector General validating the Dec. 6, 2009 date of mailing and the Dec. 9, 2009 attempted delivery, attached as Ex. A)

16. Defendants attorney did not attempt to pick up the letter until the afternoon of Dec. 11, 2009, which was AFTER the depositions were schedualed to be heard earlier that morning.

17. In view of the fact that the evidence controverts the courts claim that there was "no reasonable attempt" by the plaintiff to notify defendants attorney that he would not be attending the Dec. 11, 2009 deposition, plaintiff prays for a re-consideration of the courts Order requiring plaintiff to pay $150.00 to defendants attorney for fees he allegedly expended to the stenographer on Dec. 11, 2009.

18. Plaintiff submits that in addition to posing an undue hardship upon his already strained financial situation, requiring him to pay $150.00 to defendants attorney would require permission from the bankruptcy court to do so, as any expenditures over $100 must be approved by the bankruptcy court.

MOTION TO COMPEL DEFENDANTS TO COMPLY WITH DISCOVERY REQUESTS
(to be continued)