Professional Documents
Culture Documents
COUNTY OF KINGS
_____________________________________________________
KINGS COUNTY SUPPORT COLLECTION UNIT OF KINGS DOCKET NO.
COUNTY DEPARTMENT OF COCIAL SERVICES on behalf of F-28901-08/10B
ELENA SVENSON,
Petitioners,
-against- ORDER TO SHOW
CAUSE WITH TRO
MICHAEL KRICHEVSKY,
Respondent. Hon. Paula Hepner
_____________________________________________________
Upon the annexed affidavit of Michael Krichevsky, duly sworn to on the day of August,
LET the petitioner(s) or petitioners’ attorney(s), show cause before this Court at the
Courthouse located at 330 Jay Street, Brooklyn, New York, on the day of August, 2010,
at 9:30 o'clock in the forenoon of that day, why an order pursuant to CPLR 6301 should not be
magistrate John Fasone of Kings County Family Court is VOID on the grounds that it was
obtained by actual fraud, fraud upon the court, perjury, misconduct, misrepresentation, witness-
tempering, obstruction of justice and in absence of due process, as well as mistake of fact
pursuant to CPLR 5241, and immediately order a new hearing in accordance with CPLR and
Constitution.
2. As an alternative, to stay this order and income execution pending appeal and enter
temporary support order of $315.90 per month based on Respondent’s current income from
IT APPEARING that a cause of action exists in favor of the respondent and that
immediate and irreparable injury, loss or damages will result unless the petitioners are restrained
before a hearing can be had; and it is,
ORDERED, that pending the hearing of this application, the Petitioner(s) be and hereby
is enjoined and restrained from engaging in the conduct complained of in the annexed moving
papers.
this Order to Show Cause with Temporary Restraining Order, together with a copy of the papers
upon which it was granted, upon the attorney(s) for the Petitioner(s) by office delivery pursuant
to CPLR 2103(b)(3) on or before the ____ day of __________ 2010, be deemed good and
sufficient service.
ENTER
____________________________
J.C.C.
FAMILY COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_____________________________________________________
KINGS COUNTY SUPPORT COLLECTION UNIT OF KINGS DOCKET NO.
COUNTY DEPARTMENT OF COCIAL SERVICES on behalf of F-28901-08/10B
ELENA SVENSON,
Petitioner(s),
-against- AFFIDAVIT IN
SUPPORT OF ORDER
MICHAEL KRICHEVSKY, TO SHOW CAUSE WITH
Respondent. TRO
_____________________________________________________
MICHAEL KRICHEVSKY, Pro Se, being duly sworn, deposes and says:
fees, about $700 per month for parties’ child health plan to pay to my employer in
addition to $2045 in monthly child support while getting gross income of $4000 per
month and respondent’s employer received income execution notice demanding $3067.50
4. This order would be impossible to comply with because after taxes respondent would
have $3694 per month in disposable income (see copies of pay stabs in Exhibit B). If he
tries to deduct from that amount $3067.50 plus $700 for child health care it would be
more (3067.50 + $700 = 3767.50) than $3694 of respondent’s disposable income, not to
mention that respondent has basic human needs too and no more than 65% would be
possible legally to deduct pursuant to Consumer Credit Protection Act Limitations on
5. Temporary child support order was $627 per month calculated by magistrate John Fasone
6. Petitioner and her attorneys, Yoram Nakhimovsky, Michael Biancanello, and Yonatan
Levoritz, in the name of the parties’ child welfare in concert engaged in malicious
7. It started in 2008 with petitioner, at the advice of her attorney, Yoram Nakhimovsky,
stealing respondent’s personal records, files, documents and electronic backup media, not
to mention her attempts to provoke violence by, inter alia, looting respondent’s apartment
8. It continued with Family Offence Petition falsely reporting family offence, child abuse
and request for child support and ex parte order of protection on October 27, 2008.
Petitioner falsified facts in her petition and during hearing, this petition was withdrawn
9. By the end of the day after petitioner obtained this order of protection, she brought
parties’ child at respondent’s place of work. They were so afraid of respondent that they
started badmouthing respondent and harassing his employer, Harlan Wittenstein, Esq., by
10. Next, Mr. Levoritz and petitioner committed fraud upon the court by filing
fraudulent financial disclosure affidavits (Exhibit F) with the court. For example, in her
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family offence petition (Exhibit E) she stated that due to Mr. Krichevky’s offence she and
the child “temporary living in apartment her parents own” at 2620 Ocean Parkway in
Brooklyn. She intentionally did not inform the court that her parents are decedents and
she owns this apartment so that she could “show the court how miserable they are and
how atrocious Mr. Krichevsky is”. To be consistent in her statements she and her attorney
Mr. Levoritz intentionally and consistently with her prior statement did not list her 2620
Ocean Parkway cooperative apartment as “Other real estate owned” under II. ASSETS:
e) of post-father financial disclosure affidavit, and lists parties 120 Oceana condominium
as “Residence owned” under d) (Exhibit F). During child support hearing, she admitted
that she does not live there, but collects $2825 in rent. She kept perjuring herself by
continuing falsely testifying in court “She and child live in her parent’s apartment” rent-
free.
11. She succeeded in her attempt to confuse the court and court wrote in Findings of Fact:”
Court finds petitioner’s testimony credible...as does the court with respect to her other
testimony regarding her present financial circumstances – i.e. that she presently resides in
her parents’ apartment rent free and receives cash support from her sister in Germany.”
12. Testifying in Court that she is getting cash support from her sister in Germany is another
13. Her attorney Mr. Levoritz obstructed justice through witness tampering by
making her sister not to appear in court on January 6, 2010 after she was served with
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14. In post-father financial affidavit, petitioner and her attorney state that with ZIRO
assets her income is $2850 per month while expenses are over $4000. This fact was
pointed out to magistrate John Fasone, but he “looked the other way”.
15. Mr. Levoritz and petitioner spoiled evidence by destroying and/or concealing (it is
unknown which) unfavorable to them evidence. Petitioner and her attorney did not deny
the fact that these documents were stolen from respondent by Svenson. (Exhibit H)
16. I am not surprised that 2003 income tax return was presented in 2009 to court “as
latest income tax return” conveniently showing over $180,000 in income over
been able to present his current income tax information as well as to file his income tax
returns on time.
17. This is how Mr. Levoritz used evidence spoilage to take advantage over Mr.
Krichevsky during hearing and manipulated court’s opinion “that Mr. Krichevsky must
A. In 2001 it was --
MR. LEVORITZ: No. There is no one document that explains all this, your
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Honor. There are many documents, and different places, and different time
periods. But she was a dependent back in 2001, 2002, 2003, four and five
of the respondent. And he was filling taxes on her behalf, which is one of the
things that we would have gotten to in discovery, but never got there.
18. Mr. Levoritz thought that all evidence was destroyed by stating: “Fact, she was a
dependent on the respondent’s taxes…” It turns out that some evidence survived and
points out to the fact contrary to Mr. Levoritz statement that her client did not file taxes in
2001 and was dependent on Mr. Krichevsky’s tax return. In fact, she did file her personal
2001 income tax form 1040A, but spent all her money and failed to pay tax when it was
due. Attached as Exhibit I, copy of statement dated November 8, 2010 that she owes to
This document was produced in Supreme Court action by petitioner’s attorney Mr.
Petitioner. By having two sets of “evidence and facts” for two different lawyers
perjuriously stating different facts in different actions supported by different evidence, all
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MR. SINGER: Objection. (Inaudible) have been
served.
19. Mr. Levoritz knew that I would not have a copy of my mortgage applications, bank
statements, etc. from 2004. This is done to harass respondent and “to show the court how
evasive Mr. Krichevsky is”. However, Mr. Levoritz did not ask 2009 “mortgage in
20. If respondent had a chance to file his 2006 income tax return, it would show
the last income tax return that order of support would be at least 3 times smaller, and
21. Mr. Levoritz perjuriously testified (breaking the unsworn witness rule), inter alia,
that respondent misreporting his income to court. He testified that respondent while
reporting his income of $4000 a month is actually paying $10,000 in mortgage payments.
He knew it was perjury because while these hearings were going on there were two
foreclosure lawsuits pending in Kings County Supreme Court against respondent, one of
which was also against petitioner, and Mr. Levoritz had copies of summonses (Exhibit
K). Her lawyer, Michael Biancanello, who was handling her Supreme Court defense
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action, was in possession of all documents as well.
Svenson to Mr. Krichevsky (Exhibit L). It written in Russian with numerous grammar
errors. I, Michael Krichevsky, under penalty of perjury certify that I translated this note
to the best of my knowledge and ability: “I went to see lawyers and they told me that you
doing money laundering. Three lawyers told me not to sell apartment (meaning parties
condo). My parents supported me. (Next sentence I did not understand). We cannot stand
each other. You want to kill me. I told every body that you want to kill me. All my
friends know how you were waving your hands in front of my nose. I asked Elena for a
copy of accountant contract, but she would not give it to me. I paid for everything.” This
note sounds kind of “psychiatric”, but in the whole context of her malicious prosecution
and verbal threats to report me to FBI and IRS shows her witness character.
23. There is also mistake of fact made during this proceeding. Respondent was paying $627
in temporary child support though SCU (Exhibit M) which was never accounted for in
different courts of Brooklyn , more than one year of malicious prosecution that caused a
great deal of stress respondent’s work performance degraded. Inflicted emotional distress,
numerous personal meetings with his lawyer and court appearances burned him out and
prevented from working 60 - 80 hours per week as he used to before 2008. In the end, his
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25. Now, respondent is receiving unemployment insurance benefits in the amount of $430
weekly. (Exhibit N)
26. Child Support Collection Unit rubs me off my benefits and takes 65%. I am left with
$174.38 per week which is below federally set self support reserve of $14,620 and
27. This money is not enough to fulfill my basic human needs, not to mention to pay for car
28. I survive only with support of my friends, which cannot last forever.
29. If this situation continues I will loose my car and with it ability to find a job.
30. On May 3, 2010, respondent served petitioner with petition to modify his child
support amount due to the fact that respondent lost his job.
benefits.
32. Petitioner appeared in court on May 13, 2010 alone and requested adjournment till
33. On May 19, 2010, respondent filed petition for custody and first appearance was
set on June 14, 2010. All of a sudden, her lawyer Mr. Levoritz became available and
34. While been so busy, Mr. Levoritz fail to answer my petitions for modification and
custody, and instead served me with petition for violating the court order for not paying
ordered child support, even though petitioner notified respondent that he is unemployed.
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On June 28, 2010 after custody hearing, which was adjourned till October 4, respondent’s
attorney, Mr. Levoritz, approached respondent and “made him an offer he can not
refuse”. The offer was: petitioner withdraws his custody petition in exchange for not
sending me to jail, and arrears will be converted into money judgment. Rule of
that a lawyer shall not: (e) present, participate in presenting, or threaten to present
35. This is just one of many other rules of professional conduct broken by “team
WHEREFORE, respondent respectfully moves this Court to sign the annexed temporary
restraining order, grant any relief in paragraphs 1 or 2 of OSC so that the status quo can be
preserved until the parties have their day in court, and for such other and further relief as Interest
of Justice for Pro Se respondent and this Court seems just and proper.
X________________________________
MICHAEL KRICHEVSKY
_________________________
NOTARY PUBLIC
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FAMILY COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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DOCKET No. F-28901-08/10
-against-
MICHAEL KRICHEVSKY,
Respondent
-----------------------------------------------------------------
___________________________________________________
___________________________________________________
By: ________________________________
The Courts have long held that Pro Se pleadings are to be read liberally and if there is
relief available that they have failed to request, the Courts should be lenient and the Pro Se
Moore v. Florida, 703 F.2d 516 (11th Cir. 1983) Reversed and Remanded which held:
F.D.I.C. v. Hillcrest Assoc., 66 F.3d 566 (2d Cir. 1995) “reiterating general
rule and outlining exception for pro se litigants…”
“We hold pro se pleadings to a less stringent standard than pleadings
drafted by attorneys and construe them liberally.” Tannenbaum v. United
States, 148 F.3d 1262, 1263 (11th Cir. 1998)
We give a "liberal" reading to pro se filings because those litigants lack
formal legal training. See GJR Invs., 132 F.3d at 1369 ("Courts do and
should show a leniency to pro se litigants not enjoyed by those with the
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benefit of a legal education.").
In Grayden v. Rhodes, 345 F.3d 1225 (11th Cir. 09/17/2003) the Court held:
“The law does not entertain the legal fiction that every individual has achieved a state of legal
omniscience; … there is no presumption that all of the citizens actually know all of the law all of
the time. Practically speaking, citizens must educate themselves about the law” See West
Covina, 525 U.S. at 241, 119 S. Ct. at 682 (noting that an individual "can turn to these public
sources to learn about the remedial procedures available to him"); id. at 242, 119 S. Ct. at 682
(noting that a citizen "could not reasonably be expected to educate himself about the procedures
available to protect his interests"); United States v. Locke, 471 U.S. 84, 108, 105 S. Ct. 1785,
1799-1800 (1985)”
Mr. Krichevsky, representing himself, invokes the doctrine of staire decisis and the
United States Supreme Court’s Rulings and Rulings of other Appellate and Civil Courts
concerning Pro Se pleadings and requests this Honorable Court take Judicial Notice:
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354 (5th Cir. 1998). “Courts will go to particular pains to protect pro se
litigant’s consequences of technical errors if injustice would otherwise
result.” U. S. v. Sanchez, 88 F.3d 1243 (D.C. Cir. 1996).
Moreover, “the court is under a duty to examine the complaint to determine
if the allegations provide for relief on any possible theory.” Bonner v.
Circuit Court of St. Louis, 526 F.2d 1331, 1334 (8th Cir. 1975) quoting
Bramlet v. Wilson, 495 F.2d 714, 716 (8th Cir. 1971).
The history of bias and prejudice against pro se litigants within the Courts
is long. Stephen Elias who had been with Nolo Press, the nation’s leading
publisher of self-help law books, back in 1997, in an article Bias Against
Pro Per Litigants… stated:
“From the moment they first contact the court system, most people who
want to represent themselves, without a lawyer, encounter tremendous
resistance. Within the closed universe of the courts, this bias is as
pernicious as that based on race, ethnic origins or sex.” “People who
cannot afford a lawyer are a rebuke to the organized bar’s monopoly…,
because that monopoly is morally—if not legally—justified…the ABA has
admitted that 100 million Americans can’t afford lawyers.”
"... the right to file a lawsuit pro se is one of the most important rights
under the constitution and laws." Elmore v. McCammon (1986) 640 F.
Supp. 905
"We cannot say with assurance that under the allegations of the pro se complaint, which we hold
to less stringent standards than formal pleadings drafted by lawyers, it appears “beyond
doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him
to relief.” Conley v. Gibson, 355 U.S. 41, 45-46 (1957). See Dioguardi v. Durning, 139 F.2D
NEW YORK CPLR Rule 4514. Impeachment of witness by prior inconsistent statement: “In
addition to impeachment in the manner permitted by common law, any party may introduce
proof that any witness has made a prior statement inconsistent with his testimony if the
statement was made in a writing subscribed by him or was made under oath. In this case,
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Petitioner’s statement on Family Offence Petition and two financial disclosure affidavits, as well
a) On post-father disclosure affidavit petitioner claims zero cash and income of $2825
b) During hearing she testified that in 2009 she borrowed $10,000 from her sister,
Larissa Gaber to pay her lawyers, and paid $5000 each to her attorneys Levoritz
and Biancanello, while omitting the fact that before them she paid attorney Yoram
Nakhimovsky who worked on her three different lawsuits against respondent for
Respondent served petitioner’s sister, Larissa Gaber, with witness subpoena. No excuse and/or
notice was given to respondent by adverse party regarding unavailability of her for trial –
Petitioner’s attorney made the following statement on Page 70 (Exhibit A) line 2-7 of October 8,
2009 hearing: “Your Honor, unfortunately, in certain communities it does happen where non-
lawyers actually own law firms, and it’s a lawyer that’s used as a front”. This is defamatory and
racially discriminatory statement designed to influence bias and prejudice of court against
Hearing was forced before discovery completed, while motion was pending and respondent did
not get his chance to depose petitioner. Violation of due process law, Constitution and ground
for MISTRIAL
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Supreme Court Decisions on Void Orders - Rulings made in violation of Due Process are void.
judgment may be affected by a failure to give the constitutionally required due process notice
Restatements, Judgments ' 4(b). Prather v Lloyd, 86 Idaho 45, 382 P2d 910. The limitations
inherent in the requirements of due process and equal protection of the law extend to judicial as
well as political branches of government, so that a judgment may not be rendered in violation of
those constitutional limitations and guarantees. Hanson v Denckla, 357 US 235, 2 L Ed 2d 1283,
78 S Ct 1228. A void judgment is not entitled to the respect accorded a valid adjudication, but
may be entirely disregarded, or declared inoperative by any tribunal in which effect is sought to
be given to it. It is attended by none of the consequences of a valid adjudication. It has no legal
or binding force or efficacy for any purpose or at any place. ... It is not entitled to
enforcement ... All proceedings founded on the void judgment are themselves regarded as
invalid. 30A Am Jur Judgments '' 44, 45. It is a fundamental doctrine of law that a party to be
affected by a personal judgment must have his day in court, and an opportunity to be heard.
opportunity to be heard in a court of law upon every question involving his rights or interests,
before he is affected by any judicial decision on the question. Earle v McVeigh, 91 US 503, 23 L
Ed 398.
CONCLUSION
Respondent is invoking his Rights and Immunities guaranteed him by both the State of
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New York Constitution and The Constitution of The United States of America, and respectfully
moves the Court to take Judicial Notice of staire decisis when ruling on respondent’s pro se
pleadings.
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