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SUPREME COURT OF THE STATE OF NEW YORKAPPELATE DIVISION: SECOND
JUDUCIAL DEPARTMENT
In the Matter of Michael Krichevsky, INDEX NO. 0-20755-14Falsely
Accused, Claimant, ;
Appellate Division Dojbket-against- No 2015-01324
Elena Svenson Respondent. FIRST SET OFINTEROGATORIES ANDREQUEST
FORADMISSION
PUBLIC NOTICE TO ATTAORNEY GENERAL OF THE STATE OF NEW YORK
ANDCORPORATION COUNSEL: THIS MATTER IS OF GREAT PUBLIC INTEREST AS
ITRELATES TO ABUSES OF FAMILIES AND CORRUPTION BY THE JUDICIARY
IN
KINGS COUNTY FAMILY COURT
MADAM:
PLEASE TAKE NOTICE that Michael Krichevsky under duress
expressly rebuts
presumption of Neutrality, Justice and Fairness toward him,
forced to self defend against crimes of
Criminal Harassment, False Arrests and Imprisonments, Financial
Genocide, Barratry and
Personage by licensed state actors requests that the Respondent
answer under oath, in seriatim, in
accordance with Article 31 of the Civil Practice Law and Rules,
the interrogatories and requests
for admission contained herein:
DEFINITIONS AND INSTRUCTIONS
A. As used herein, the word "person" means any individual,
partnership, association, joint
venture, corporation or other business operation.
B. As used herein, the terms "document" and "documents" include,
but are not limited to,
books, records, financial statements, letters, telegrams, notes,
memoranda, calculations, diaries,
worksheets and drafts, originals and copies, and other
recordings, from whatever source and any
material underlying, supporting or used in the preparation of
any documents.
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C. As used herein, the terras "identify", "identity" or
"identification":
(a) when used in reference to an individual person means to
state his full name and present or
last-known address and his present or last-known position and
business affiliation;
(b) when used in reference to a business operating, firm,
corporation, partnership, jointventure or association, means to
state its full name and address; and
(c) when used in reference to a document, means to state the
date, author, recipient, type of
document, (e.g., letter, memoranda, report, etc.) or some other
means of identifying it, and the
present location and custodian of the original document.
D. As used herein, the term "state whether" means (i) to provide
a "yes" or "no" response to
the inquiry, or (ii) in the event you cannot provide a "yes" or
"no" response, to set forth the reason
or reasons you cannot so respond and otherwise respond -fully
and accurately in accordance with
the information you have available to you.
E. As used herein, the term "set forth" means (i) in the event
the inquiry asks for specific
names, numbers, dates, items, or other specific designations, to
state or list such names, numbers,
items, dates, or other designations, or (ii) in the event the
inquiry asks for information other than
specific names, numbers, dates, items or other specific
designations, to provide in full detail the
information requested.
F. As used herein, the terms "and" and "or" shall be read to
mean "and/or".
G. As used herein, the term "Respondent" shall be read to mean
ELENA SVENSON, and
her agents, servants, and employees.
MODE AND DETAIL OF ANSWERS
In answering each interrogatory:
AA. Identify and produce each document requested, or relied upon
or which forms the
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basis for the answer given or which corroborates -the answer
given or the substance of which is
given in answer to the interrogatory; sign and notarize your
answers and admissions.
BB. In answering these interrogatories. Respondent is requested
to furnish all information
known or available to her regardless of whether this information
is possessed directly by
Respondent or by her agents, employees, representatives,
investigators, by Respondent's present or
former attorneys or their agents, employees, representatives, or
investigators, by Respondent's
affiliates or predecessors, or by Respondent or with which
Respondent is in any manner affiliated.
CC. If any of these interrogatories cannot be answered in full,
answer to the extent
possible, specifying the reasons for Respondent's inability to
answer the remainder and stating
whatever information, knowledge, or belief Respondent has
concerning the unanswered portion.
DD. These interrogatories are continuing in nature. If, after
answering the interrogatories,
Respondent obtains or becomes aware of any further information
responsive to these
interrogatories, Respondent is required to make a supplemental
interrogatory answer.
EE. If any information requested by these interrogatories is
claimed to be immune from
discovery on the grounds of privilege, the basis of the
privilege and a description of the
information sufficient to enable a court to decide if the
privilege has been properly invoked should
be specified.
FF. If the information furnished is not within the personal
knowledge of the Respondent
state the name of each person to whom the information is a
matter of personal knowledge, if
known, and, if not known, state the source of the Respondent's
information and the grounds of her
belief.
INTERROGATORIES AND REQUESTS FOR ADMISION
1. State whether you were at any time or are under psychiatric
treatment until present, and if
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the answer is "yes," submit any document supporting your
answer.
2. State whether you were at any time during the parties'
litigation under any medication,
which would impair your sanity or common sense judgment, and if
the answer is "yes," submit anydocument supporting your answer.
3. State whether you consulted any attorney or anyone assisted
you in preparation of your
affidavit, Exhibit A.
4. State whether you are aware that YOU cannot lawfully benefit
from something that was
created by fraud or unclean hands.
5. State whether your attorneys or their staff; or anyone who
connected you to your attorneys
implied to you that attorneys can manipulate the court and
outcome of litigation in your favor.
6. Identify all persons having first-hand knowledge of any
material fact alleged in your
affidavit, exhibit A, and, with regard to each such person, list
the address with phone numbers,
state -what they know about each such fact, how and when they
came to know it.
7. Explain why you failed to state in this affidavit, exhibit A,
what you stated under penalty
of perjury during 2013-2014 contempt proceedings (under current
appeal) to Mr. Fasone and Mr.Milsap on the record, to wit:
A) that you (Svenson) spoke with the condominium management
company worker and the
worker told you mat Mr. Krichevsky is collecting $3000 monthly
in rent;
B) that Mr. Krichevsky owns two properties that could be sold to
satisfy his child support
obligation;
C) that Mr. Krichevsky bought a new car.
D) that some person(s) saw Mr. Krichevsky in restaurants,
therefore his is having a lavish
lifestyle while the child is still desperately needs
psychological or psychiatric treatment, but lacks
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the money.
8. State whether you were aware and had any proof of the facts
listed in ^ 1 A, B, C, D above
in this interrogatory at the time of preparation and signing of
your contempt petition in 2013.
9. State whether you consulted any attorney, or court clerk who
prepared your contempt
petition; or anyone coached you to testify with those facts
listed in If 7 A, B, C, D above in this
interrogatory.
10. State whether you consulted any attorney, or court clerk who
prepared your contempt
petition; or anyone coached you not to write these facts in your
contempt petition while you told
these facts to the person preparing contempt petition.
11. Explain why in 2013 in reply to Krichevsky's 2013 petition
to modify the child support
you second time cross-filed contempt petition, but not before
while you knew that Rrichevsky
does not comply with Fasone's order from 2010.
12. Admit that Mr. Fasone on the record directed you to go to
child support collection office
located in Kings County family court and file contempt petition
in 2013 after Krichevsky lost his
unemployment insurance and filed petition to modify his child
support.
Admitted: Denied:
13. Admit, that if true, facts listed in \ above in this
interrogatory were material, relevant and
necessary to show the court that Mr. Krichevsky willfully failed
to pay his child support because
he was able.
Admitted: Denied:,
14. Admit, that if true, facts listed in ^J 7 above in this
interrogatory would also be material,
relevant and necessary now to show this court that Mr.
Krichevsky is able to pay expenses of
appeal.
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Admitted: Denied:
15. State whether you are aware that inconsistency in your
testimony would amount to actually
changing it, hence perjury.16. If you changed your testimony,
explain why you failed to notify this court and me that you
changed your prior testimony and on what ground or fact.
17. If you deny request for admission of the ^[14 above in this
interrogatory, state on what facts
or ground you rely this time to deny the admission.
18. If your explanation to fflf 15, 16 of this interrogatory
that you forgot to mention these facts
(listed in If 7 A, B, C, D) in current affidavit, would you like
to amend this affidavit, exhibit A and
list these facts so as to be consistent with your prior
testimony to Mr. Fasone and Mr. Milsap on the
record?
19. State whether you knew during 2013 - 2014 contempt
proceeding that the properties you
are mentioning in your affidavit, exhibit A, are in foreclosure
from 2009.
20. State whether you wanted to mislead the court with a
statement that "the properties could
be sold to satisfy the obligation of the child support."
21. State whether you consulted any person who advised you that
properties in question even
in foreclosure could be sold by Krichevsky for profit, which
would satisfy his purported child
support debt, and, with regard to each such person, list the
address with phone numbers, state -what
they know about each such advice , how and when they came to
know it.
22. State whether in your opinion it would be fair to Mr.
Krichevsky to sell his property and
become homeless.
23. State whether, in your opinion it would be possible and fair
to Mr. Krichevsky while
homeless have a job and pay the child support.
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24. State whether Mr. Fasone or Mr. Milsap; or your prior
attorney Jonathan Levoritz or Mr.
Katkalov; or any other person communicated to you in any way
that you could safely disregard
order of Mr. Fasone directing you, Svenson, to file financial
disclosure affidavit for the purpose of
supporting your contempt petition,
25. State whether Mr. Fasone or Mr. Milsap inquired as to why
you disobeyed Mr. Fasone's
order to file Financial Disclosure Affidavit during 2013-2014
contempt proceeding.
26. Explain why you willfully failed to obey the order of Mr.
Fasone directing you to file
Financial Disclosure Affidavit during 2013-2014 contempt
proceeding, exhibit C.
27. State whether Mr. Fasone or Mr. Milsap inquired as to why
you failed to rebut my
affidavits in 2013 - 2014 contempt proceeding,
28. State whether someone advised you to disregard my affidavits
from 2010, and particularly
during 2013 - 2014 contempt proceeding without any negative
consequences to you.
29. State whether you were aware that you have to rebut my
affidavits.
30. State whether you were aware that my averments, if
unrebutted, by operation of law would
be deemed admitted in my favor by the court and your contempt
petition would be dismissed.
31. Admit that you willfully failed to rebut my affidavits in
two contempt proceedings filed by
you without any negative consequences to you such as dismissal
of your petition for contempt.
Admitted: Denied:
32. Explain why you failed to rebut my averments in my numerous
affidavits that child support
order is VOID for fraud upon the court due to perjury by your
attorney Yonatan Levoritz and you.33. State whether you perjured
yourself at any time during the parties' litigation,
includinglitigation in bankruptcy court.
34. Explain why you NUMEROUS TIMES willfully failed to reply to
my REQUESTS FOR
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ADMISSION, exhibit B.
35. State whether you would like this time, reply to my REQUESTS
FOR ADMISSION and
produce your Financial Disclosure Affidavit with the copy of
your latest income tax filing, which
was mandatory for my numerous child support modification
petitions, which ignored by Mr.
Fasone or Mr. Milsap.
36. Explain why you would like or not this time to reply to my
REQUESTS FOR
ADMISSION and produce your Financial Disclosure Affidavit with
the copy of your latest income
tax filing, which was mandatory for my numerous child support
modification petitions.
37. Explain why you failed to show the court how my
non-compliance with purported lawful
order by Fasone damaged you.
38. Explain why you willfully failed to obey the order of the
court directing you to file
Financial Disclosure Affidavit in my latest Petition to Modify
the child support. Exhibit C.
39. Explain how alleged by you my "willful noncompliance with
court's order" would remedy
your purported damage by your request for my incarceration.
40. State whether your request for my incarceration intended to
harass me, hinder and delay the
resolution of the bankruptcy court proceedings where you are the
Defendant and I am the Plaintiff.
41. Regarding your affidavit' statement in ^f 1. "That I am
humiliated and insulted mother,"
explain with particularity "who, were, what, why when and how"
you became "humiliated and
insulted mother."
42. Regarding your affidavit' statement in Tf 2. "I am making
this affidavit in support of my
point of view that prove claimant's fraudulence, corruption, and
dirty tricks ,and dishonesty," state
with particularity "were, what, why when and how" you came to
"point of view that prove
claimant's fraudulence, corruption, and dirty tricks., and
dishonesty" and how this even if true,
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which is not, makes me able to pay for expenses of appeal,
whereas you never paid a dime in
family and this court; and have no qualification for your
opinion other than your wish to prevail
against me.
43. Go ahead and give your opinion with particularity (dollar
amounts for each such
expense) as to how much would this appeal cost to Krichevsky
listing and numbering each
such expense.
44. Regarding your affidavit' statement in 1J 3 "Claimant is the
owner of the few properties:
4219 Atlantic Avenue, 4221 Atlantic Avenue - two family house,
and 120 Oceana Drive West
Condominium..," explain how Mr. Krichevsky is the owner of the
properties when in ownership
documents created by the State, he and you (Svenson on 120
Oceana Drive West) are listed as the
tenants on the land, for which tenants have to pay taxes (rent?)
to the State and if tenants do not pay
the State (landlord?), the Sate would foreclose (evict?) on
tenants.
45. State whether you are the owner of refrigerator or TV, for
which you are required to pay
taxes to the State.
46. State whether you have information that Krichevsky pays
taxes (rent?) and/or is able to pay
to the State.
47. State whether you are aware that these properties are in
foreclosure and how in your
opinion, ownership of these properties would enable Krichevsky
to pay for an appeal today.
48. Regarding your affidavit' statement in ^j 3 "also claimant
owned all expensive furnituresilverware, lightings., TV, computers
that we possessed together and peculate from apartment we
lived," list in particular number for each item its brand, date
of claimants ownership, today's value
and provide supporting documentation, as well as explanation how
these would help Krichevsky
to pay for an appeal today (such as selling everything to pay
for appeal).
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49. Regarding your affidavit' statement in 1f 4, "Claimant is
driving mini cooper made about
2009 and look in excellent condition," state whether you have
any mechanical skills such as "I am
fixing my own Toyota Canary, which I acquired from Krichevsky by
fraud, and therefore qualified
to judge the excellence condition of his car," list the date the
car was made and the date you orsomeone inspected it; list today's
value of the car and how you came to know it; provide
supporting documentation, as well as explanation how that would
help Krichevsky to pay for an
appeal today (such as selling everything to pay for appeal).
50. State whether in your opinion the car that Krichevsky is
driving should be sold as
unnecessary luxury and proceeds are given to you so that you can
shop Bloomingdales together
with Bergdorf and Goodman and Sachs 5l Avenue even harder and
more often (as per bankruptcy
court discovery).
51. State whether you would like to stop shopping in
Bloomingdales together with Bergdorf
and Goodman and Sachs 5th Avenue and save some serious coin to
pay for the child's psychiatric
or psychological treatment today.
52. State whether you would like that Mr. Krichevsky produce the
car to independent
mechanic to judge the condition of the car.53. State whether the
almost 21 year's old child is able and going to any school.
54. State whether the almost 21 year's old child is able and
working at any job giving the factthat Krichevsky does not comply
with the child support absurd order.
55. Regarding your affidavit' statement in ^ 5, "In 2010 as soon
as claimant find out that he
should pay $2045 per month of child support Claimant falsely
reassured court that he (krichevsky)
was fired and called himself "disabled", state when, where and
how Krichevsky "falsely reassured
court that he (krichevsky) was fired and called himself
"disabled".
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56. Regarding your affidavit' statement in Tj 5 "approximately
for period between 2000-2009claimant made about $180.000-$250.000
per year" state whether you have any information that
Krichevsky saved or hided, besides the amounts of money that you
(Svenson) as partner of
Krichevsky embezzled from him as per bankruptcy court discovery,
any money to pay for an
appeal today.
57. Regarding your affidavit' statements in ^f 5 ".. .called
himself "disabled" but never provide
any proof of disability", state whether you at any time
requested from Krichevsky any proof of his
disability including in discovery in bankruptcy court.
58. Regarding your affidavit' statements in If 5, state whether
you at any time requested from
Krichevsky any proof of his unemployment including in discovery
in bankruptcy court.
59. Regarding your affidavit' statements in U 5, state whether
you at any time answered
Krichevsky's numerous petitions for downward modification and
how or when would Krichevsky
submit such proof when he was harassed by Mr. Fasone, Mr. Milsap
and you with constant
contempt proceedings, including your harassment of Krichevsky in
bankruptcy court.
60. Admit that you consider yourself a good mother and that you
owe debt free corporative
apartment at 2620 Ocean Pkwy., Brooklyn, NY, where you live with
your son.
Admitted:, Denied:
61. Given your opinion that Krichevsky is Aggressive, Abusive
and Insulting Father, state
whether it was possible to sell this apartment or borrow from
its equity to satisfy child's desperate
medical needs you continuously testified about during 2009 -
2014 Family Court proceedings
without waiting for Krichevsky to sell his properties in
foreclosure.
62. Provide disclosure of medical doctor who diagnosed the child
with any medical condition.
63. Given your opinion that Krichevsky is Aggressive, Abusive
and Insulting Father, whereas
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you are a good mother explain why you willfully disregarded 2009
order of magistrate Castaldi to
enroll the child in Medicaid.
64. Admit mat starting from 2010 you and the child enrolled or
had an option to enroll in
medical coverage provided by the company you worked for at that
time until present.
Admitted: Denied:
65. In regard to statement in fflf 6 and 7, you are requested to
admit the Negative Observation
that as of this date, after a reasonably diligent search and/or
investigation, neither you nor any
agents, employees, or representatives acting on your behalf are
aware of any fact or documentary
evidence in support of these paragraphs.
Admitted: Denied:
66. In regard to statement in Yff 6 and 7, Corporation counsel,
HRA litigation Department
and child support collection unit, you are requested to admit
the Negative Observation mat as of
this date, after a reasonably diligent search and/or
investigation, neither you nor any agents,
employees, or representatives acting on your behalf are aware of
any fact or documentary evidence
in support of these paragraphs.
Admitted: Denied:
67. In regard to statement in ^f 7 "...(who is wittenstein's
partner and friend) unlawful
business..." state whether your attorney Jonathan Levoritz
and/or you sincerely believed and
expected that Mr. Wittenstein would continue conduct of alleged
by both of you unlawful
business (whether it's true or not), risk losing his attorney
license in order to pay you unlawful
child support from unlawful business, while Krichevsky litigate
with State and you for 7 years
instead of managing his practice.
68. In regard to ^[8, state what qualification does Svenson have
now to issue her medical
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opinions about Krichevsky's disability.
69. In regard to fS statement"... complications such as weakness
of one part of the body
limited range of motions of upper and lower extremities and -or
slurred speech," you are requested
to admit the Negative .Observation that as of this date Svenson.
did not medically examine
Krichevsky before making such statements.
70. In regard to 1(8 statement".., complications such as
weakness of one part of the body
limited range of motions of upper and lower extremities and -or
slurred speech," you are requested
to admit your disappointment that Krichevsky did not suffer a
major stroke and lacks thesymptoms you would like him to have.
Admitted: Denied:
71. In regard to f 8 statement".. .claimant still able to
provide his child with basic needs",
Corporation counsel, HRA litigation Department, child support
collection unit and Svenson,
you are requested to admit Negative Observation that as of this
date, after a reasonably diligent
search and/or investigation, neither you nor any agents,
employees, or representatives acting on
your behalf are aware of any information that Krichevsky
declined any job opportunity or is "ableto provide his child with
basic needs."
Admitted: Denied:
72. In regard to fS statement".. .child's mother(svenson) due to
harassment by Krichevsky..."
state whether your filing of contempt petition and your request
to incarcerate Krichevsky would
constitute that Krichevsky is harassing mother Svenson.
73. In regard to ^8 statement".. .developed diabetes and should
constantly take
antidepressant", state whether you failed to submit any proof
with this affidavit to the court
because you believe that the woman does not have to provide any
proof to the court when making
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a statement of medical condition, while a man must, which is why
you accuse Krichevsky in
paragraph^ 5 *',.. called himself "disabled" but never provide
any proof of disability".
74. In regard to f 8 statement".. .developed diabetes and should
constantly take
antidepressant", provide documentary evidence from the doctor or
hospital,
75. In regard to 1J8 statement"... I am working hard to support
our son financially..." state with
particularity from what hour until what hour per day and how
many days per week you work hard
and at which job or business.76. Admit mat before you begun the
child support proceedings in 2008, Krichevsky was
working 60 - 80 hours per week including Saturdays and Sundays;
and his cell phone was 24/7 on
while you were not working.
Admitted: Denied:
77. In regard to f8 statement ".. .During all this time
Krichevsky never made any effort to
communicate with our son," admit that in 2008 you obtained the
order of protection prohibiting
Krichevsky to communicate with the child.
78. In regard to ^[8 statements "...child's mother(svenson) due
to harassment by
Krichevsky. .."and "During all this time Krichevsky never made
any effort to communicate with
our son," admit that Krichevsky from 2010 filed several
petitions for custody and visitation while
you three times cross-filed for order of protection and two
cross-petitions to hold Krichevsky in
contempt.
Admitted: Denied:
79. In regard to ffi[ 9 and 10, state whether you considered it
reasonable and logical that
Krichevsky is shopping 99-cent store in order to save money to
pay for the transcripts.
80. In regard to statements in Tfl 1, produce any evidence in
support of your statements.
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including number $9000.
Dated: Brooklyn, New YorkJune 18, 2015
Michael Krichevsky, Pro Se, requesting party4221 Atlantic
AveBrooklyn, New York 11224(718)687-2300
Sworn to before meOn ,2015
Elena Svenson
NOTARY PUBLIC