Motion for Extention of Time to Perfect Appeal

STATE OF NEW YORK SUPREME COURT
APPELLATE DIVISION THIRD DEPARTMENT
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George J. Jubic, (aka George M. Jubic, Jr.),
Plaintiff, Pro Se

V. Notice of Motion

Robert Jubic and Robert McAllister, For Extension of Time
Defendants, To Submit Appeal

Case#510140


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To: Clerk

PLEASE TAKE NOTICE THAT I, George J. Jubic, the Plaintiff in the above mentioned case, based on the annexed affidavit, will move this court on the __________day of March, 2011, for an Order of the Court granting me permission for an extension of time to submit appeal.

Replies in opposition, if any, should be submitted no later than 3 days prior to the return date of this motion.


Dated: ___________________ _____________________________________
George J. Jubic
118 River Rd. 2nd Fl.
Johnsonville, NY 12094
(518) 753 - 7791

CC:

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

Rensselaer County Attorney
County Office Bldg.
Troy, NY 12180

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STATE OF NEW YORK SUPREME COURT
APPELLATE DIVISION THIRD DEPARTMENT
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George J. Jubic, (aka George M. Jubic, Jr.),
Plaintiff, Pro Se

V. Affidavit in Support Robert Jubic and Robert McAllister,
Defendants,
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Case #__________________

State of New York
County of Rensselaer;

I George J. Jubic, the Plaintiff / Appellant in the above mentioned matter, do

hereby swear under threat of penalty for perjury, that;

1. I did on the 2nd day of June, 2010, duly file a Notice of Appeal with the

Clerk of the Court for the Supreme Court of the State of New York, Rensselaer Co.,

as well as a copy to this Court sent that same day, in the matter of the lower court

case # 214085.

2. On the 28th day of June, 2010, along with an affidavit of indigency , I did

submit to this court an Application for permission to proceed on appeal as a poor

person for the purposes of waiving the costs, fees and expenses necessary to perfect

same.

3. By Order of this court dated September 13th, 2010, Motion was denied in part

and granted in part, requiring me to provide for myself a copy of the trial

transcripts of the lower court proceedings of which is the basis for this appeal,

but granting at the same time a waiver of the filing fees as required by CPLR 8022.

4. Being that it took a matter of several months before I was able to afford

and obtain a copy of said transcripts, and being also that I work full time and am

not able to devote as much time to the perfection of my appeal as I would like, I

submit this affidavit in hopes that the court will grant me a 30 day extension of

time in which to submit my appeal.

WHEREFORE I respectfully pray this Court to grant the relief requested in

this Motion and Affidavit, and for any other such further relief as the court may

deem just and fair.

In lieu of Notary, I do herein swear under threat of penalty for perjury, that the

aforementioned facts as set forth above are true and correct to the best of my

knowledge and belief.





Dated: ___________________ _____________________________________
George J. Jubic
118 River Rd. 2nd Fl.
Johnsonville, NY 12094
(518) 753 - 7791

CC:

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

Rensselaer County Attorney
County Office Bldg.
Troy, NY 12180
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Affidavit of Service, etc. etc.