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FAMILY COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS
INDEX NO.F-28901 -08/13FElena Svenson,
Plaintiffs,-against- AFFIDAVIT IN
Michael Krichevsky, estate SUPPORTFalsely accused, victim.
STATE OF NEW YORK ss.:COUNTY OF KINGS
Michael Krichevsky, Sui Juris, self-governed alive man under
protest and duress, by special appearance in
denial of jurisdiction of Family Court due to hostility, bias,
harassment and without consent to any of its
administrative proceedings against my ESTATE says:
1. I, Michael Krichevsky, have firsthand knowledge of the
following facts and could competently testify
thereto, except as to those matters, which I stated upon
information and belief and certify that this document
is not frivolous per 130-1.1.
2. I deny and object to all silent, undisclosed
presumptions/assumptions used against me and demand
disclosure and disclosure of Law Of The Case. I reserve my all
God-given, inalienable rights together with
privileges and immunities guaranteed to me by the Law of
Nations, Constitution of United States of
America, the State of New York and numerous treaties, including
Family Court Act.
3. This Family Court is in breach of fiduciary duties, has
policy of discrimination against males and is not
compliant with Law of Nations, Family Court Act, New York CPLR,
Uniform Rules For The Family
Courts, Rules of Judicial Conduct as well as the Law of the
Land, and does not enforces them against its
female customers. However, when it is convenient to judge, those
laws would be used to prey on males in
judge's financial advantage. All this divests this court of
jurisdiction of court of law, authority and makes it
a kangaroo or price court in maritime law during the times of
war (Black's Law Dictionary).
4. I make this affidavit in support to the within motion to SET
A HEARING TO ASIDE AND VOID
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ORDER OF COMITMENT.
BRIEF FACTUAL HISTORY OF CRIMINAL OFFENCES AGAINST ME
5. Starting from 2008, until present I was continuously
persecuted by numerous public fiduciaries, calling
themselves support magistrates, court clerks and judges. It did
not take me a long to realize that Petitioner
through her attorney, Yonatan Levoritz, bribed support
magistrate John Fasone (Fasone) to extort money
and railroad me for profit. My countless motions were either
ignored or denied without a hearing, written
findings of fact and conclusions of law, or orders explaining
the reason, why,
6. On February 3, 2010, while discovery motion was pending.
Fasone held trial without notice to me, my
consent or my presence. The audio record misleading!}' presumed
that I was notified, but did not care to
show up. It stated, "...it's 10 minutes to five and no one is
appearing..." That order made me a slave by
ordering to pay the child support collection unit more than I
was able to earn or had available in cash. That
order resulted in I being fired due to harassment of my employer
by the court system and Petitioner.
7. In all future court appearances when. I tried to get a new
fair trial, 1 was not allowed to make an audio
record for an appeal because Fasone would constantly interrupt
me, talk over me and switch subjects, all
while four - six court officers intimidated me when I was trying
to talk over Fasone Cifor the record."
8. In that year, Levoritz and Fasone started persecuting me for
contempt of his unlawful and void order,
which resulted in stroke to me. As direct result, I became
physically disabled and depressed. Until present, I
was not able to recover from disability. My disability was
largely untreated due to the lack of insurance.
9. In 2011, supervising judge Hepner set aside Fasone's void
order, conditionally ordered him to reply in
writing to all motions that he ignored before and set up a new
trial. Fasone refused to comply with her
order and in contempt of it started new trial, again without me
present, and restored his void order.
10. In 2013,1 started legal action against, inter alia, Fasone
and Petitioner in an attempt to obtain monetary
compensation for their common law torts against me.
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11. In parallel and in retaliation, same year, they started
second contempt proceedings without probable
cause. Because I was blocked by harassment of child support
collection unit from finding any job, I
attempted to vigorously recover my money damages from other, non
Family Court tortfeasors that took
advantage of my vulnerable situation and put a claim against my
estate in 2010 by preventing me to rent out
condo that I jointly own with Petitioner. Noticeably, Petitioner
hired an attorney to torturously
interfere and trespass on those cases on one hand, while crying
wolf for being poor and in desperate
need of child support on the other, and persecuting me for
contempt of the void order. It became
obvious to me that Petitioner does not need a child support if
she is able to pay an attorney - not
spending money on the child. She rather wants to harass me. Due
to this harassment, she was able to
hinder and delay the resolution of monetary awards to me from
2010.
12. To protect myself from harassment, I filed family offense
petition in September 2014. There was an
initial hearing in October 30, 2014 and trial was scheduled in
April of 2015.
13. In Svenson's last contempt proceedings, she perjured herself
by testifying under oath to Fasone that she
spoke with condominium management company and its manager told
her that I am collecting $3000 in rent.
The fact is, she knew that I am, pro se, suing that company for
$3000 monthly loss of rent, while Svenson's
lawyer was paid to interfere. On another occasion, she testified
under oath that I own two properties that
could be sold to satisfy the child support obligation, while
magistrate Michael Milsap and she both knew
that all my properties are in foreclosure and "under the
water."
14. 1 have a documentary evidence of her perjury and alive
witness, but am afraid that Milsap will block me
from presenting evidence, as it happened before. That fraud,
upon the very willing court, resulted in
about $130,000 in unlawful debt and order finding me in willful
violation of the court's order, which was
void to start with. In reply to my motion to dismiss contempt or
modify void order, Milsap stated, "I read
your motion. Motion denied." Milsap issued no written,
appealable denial. Due to my unemployment and
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disability, I am receiving Medicaid and $600 in rent for one
room of unfinished construction project where
1 live as well.
15. To get a fair trial and impeach perjury of Petitioner, on or
about November 17, 2014,1 filed motion, to
consolidate contempt proceedings and motion to proceed as poor
person in part 9 of Family Court where
order of protection against harassment is pending. Judge Maria
Rias of that part was notified by me that on
December 2, 2014 there is hearing scheduled with support
magistrate Milsap in part 24 at 11:00 AM.
Accordingly, consolidation hearing was scheduled for 9:30 AM for
me to be able to attend both hearings
and, hopefully, notify Milsap about consolidation of two cases
in part 9.
16. On December 2, 2014, suddenly at 11 o'clock clerk of the
part 9 called me in her office and told me that
my case is adjourned until January without explanation. I
objected and explained that my motion to
consolidate is an emergency motion and that the whole point of
order of protection proceeding may become
moot as been late. I suspected that all cases are rigged. I
entered in a state of mental shock and anger. 1 was
experiencing terrible headache and do not remember details of
what happened to me in that court. I did not
understand what I was doing and do not remember exactly what
Milsap was charging me with. In part 24,
Milsap offered me adjournment to hire a lawyer. I replied that!
have no money and requested adjournment
of the hearing based on my motion to consolidate cases of order
of protection in part 9 and contempt
proceedings suddenly adjourned until January 2015. Mr. Milsap
told me, "'You can go to part 14
immediately and ask for consolidation there." In part 14, which
is across the part 9, the was no people
waiting for a hearing. I noticed that there was no people in
part 9 either. I asked a court officer of part 14
what this part is for and what is going to happen at this
proceeding. Court officer told me that someone
would come out and explain it to me. In about 30 minutes, that
court officer called me inside the courtroom.
I came in the courtroom with an expectation that finally I am
going to have a fair hearing by the neutral
judge, not magistrate whom I was trying to rectise to no avail.
Judge started reading to me something along
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the absurd lines of what magistrate Milsap accused me of. I
sought that the judge wanted to get more details
and factual history as well as my version of the case directly
from me when he gave me the floor. However,
when 1 just started explanation of my side of the case and
Petitioner's perjury, the judge suddenly run out of
the courtroom and I could not make my record. Officers told me
to leave and wait in the hallway to be called
back. I thought that the judge had some emergency. When I came
back hoping to continue argument, the
judge started reading his order of commitment (Exhibit A) and
court officers arrested me. What adds more
insult to the injury is the fact that Petitioner, starting from
2010 never replied, denied or rebutted any of my
numerous affidavits while magistrates and judges been willfully
blind consciously, in deliberate disregard
of my constitutional rights and due process, continued
harassment and perjury of their officer's oaths.
17. Upon information, belief and circumstantial logical
evidence, I aver that on December 2,2014 morning
'some wizard(s) behind the curtain'' was/were coordinating
conspiracy between judge Arias and clerk of
part 9 to adjourn its hearing with Milsap and his clerk of part
24 to bait, switch and lure me to judge William
F. Perry and clerk of part 14 where I was ambushed and
kidnapped.
18. When at about 9 PM, same day, I entered emergency room of
Coney Island Hospital, my blood
pressure was 158 per 100, whereas my usual documented readings
were 120 per 80. As of today I developed
additional illnesses - hypertension and litigation abuse
syndrome.
WHEREFORE, I move this court to SET A HEARING TO SET ASIDE AND
VOID ORDER OF
SENTENCE COMMITMENT and consolidate this and order of protection
proceedings with another truly
neutral judge, and for such other and further relief as to this
Court may seem just and proper.
Michael Krichevskv, Sui Juris, under duress
Sworn to before me this13 day of December, 201
Inna KlyarfeldNotary Public - State of New York
No. 01KL5058077Qualified in Kings County
My Commission Expires April 01,2018
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EXHIBIT A
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F.C.A.66 454, 846-a, 1072
PRESENT: Hon. William Franc Perry
In the Matter of a Support Proceeding
Elena Svenson
- against -
Michael Krichevsky
Petitioner,
Respondent.
GFll 8/2010
At a term of the Family Court of theState of New York, held in
and forthe County of Kings, at 330 JayStreet, Brooklyn, NY 11201,
onDecember 2,2014
File#: 142040Dockettf: F-28901-08/13F
CSMS#: NV05003T1
ORDER OF INTERMITTENTSENTENCE COMMITMENT
A petition having been filed in this Court on July 19,2013
alleging that Michael Krichevsky has failedto obey an order of this
Court dated July 6, 2011, and
An order having been made dated December 2,2014, adjudging
Respondent to be in willful violationof said order;
it is therefore,
ORDERED that Respondent be and hereby is committed to NYC
Department of Corrections for a termof 6 months from the beginning
of said confinement unless sooner discharged according to law or
untilthe purge amount of $ 10,000.00 CASH OR CERTIFIED CHECK TO BE
POSTED FOR RELEASE TOBE DEPOSITED WITH THE SUPPORT COLLECTION UNIT
UNDERCSM # NV05003T1 FOR FUTURE CHILD SUPPORT PAYMENT..
NOW, THEREFORE, WE COMMAND YOU, NYC Department of Corrections
wherein Respondentmay be found, that you take the body of
Respondent and safely keep in close custody in the jail of
theabove-named county for a period of 6 months.
Commencing 1/2/2015 - Weekends, Friday 7 pm until Monday 7 am,
and ending 7/2/35.
PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM
THIS ORDERMUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER B Y
APPELLANTIN COURT35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO
APPELLANT BY THE CLERK OFCOURT, OR 30 DAYS AFTER SERVICE BY A PARTY
OR THE ATTORNEY FOR THE CHILDUPON THE APPELLANT, WHICHEVER IS
EARLIEST.
Dated: December 2, 2014 ENTER
Hon. William Franc Perry
Check applicable box;