CPLR ARTICLE 78

SUPREME COURT OF THE STATE OF NEW YORKAPPELATE DIVISION: SECOND JUDUCIAL DEPARTMENT

Michael Krichevsky, . INDEX NO. 19478/13 •Falsely Accused, Claimant,

Appellate Division Docket-against- No

CHARLES F. SANDERS, ESQ, Assistant Attorney General of THE NOTICE OF PETITIONSTATE OF NEW YORK;BERNADETTE BAYNE, Judge of KINGS COUNTY SUPREMECOURT;NOAH NUNBERG, ESQ; MARIAN RICE, ESQ; CANDICE B.RATNER, ESQ; ELAINE SABINO, ESQ;L'ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P

Respondents.

C O U N S E L O R S :

PLEASE TAKE NOTICE, that upon the annexed Petition of Michael Krichevsky, sui

juris, dated the 17th day of February, 2015, and upon all the pleadings and proceedings heretofore

had herein, the undersigned will move this Court at a term thereof to be held at 45 Monroe Place,

Brooklyn, New York, 11201, on the 20 day of March, 2015, at 9:30 o'clock in the forenoon of that

date, or as soon thereafter as counsel can be heard:

For an order and a judgment pursuant to C.P.L.R. Article 78 for reliefs requested as

follows:

1. That the body or officer proceeded, is proceeding, or is about to proceed without or in

excess of jurisdiction (prohibition).

2. And for such other and further relief as to this Court may seem just and proper.

This action Is not on the trial calendar.

TAKE FURTHER NOTICE that all answering papers, if any, shall be served at least 20

days before the return date of this Petition. In case you failed to appear, the judgment by default

will be taken against you for the relief demanded.

Dated: Brooklyn, New YorkFebruary 16,2015

Michael Krichevsky, sui juris4221 Atlantic AveBrooklyn, New York 11224(718)687-2300

LABBATE BALKAN COLAVITA & CONTINI, LLPAttorneys for Respondents1050 Franklin AvenueGarden City, New York 11530

ATTORNEY GENERAL OF THE STATE OF NEW YORKAttorneys for Defendant120 BroadwayNew York, New York 10271

BERNADETTE BAYNE360 Adams Street, PartBrooklyn, NY 11201

SUPREME COURT OF THE STATE OF NEW YORKAPPELATE DIVISION: SECOND JUDUCIAL DEPARTMENT

' INDEX NO. 19478/13Michael Krichevsky,

Falsely Accused, Claimant, Appellate Term Docket No

-against- VERIFIED PETITIONUNDER DURESS

CHARLES SENDERS, ESQ, Assistant Attorney General of THESTATE OF NEW YORK;BERNADETTE BAYNE, Judge of KINGS COUNTY SUPREMECOURT;NOAH NUNBERG, ESQ; MARIAN RICE, ESQ; CANDICE B.RATNER, ESQ; ELAINE SABINO, ESQ;L'ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P

Respondents.

Michael Krichevsky, sui juris, self-governed alive man under protest and duress; by special appearance

to challenge jurisdiction and authority of the State's run Family Court, Attorney General, other attorneys

and acting in self-defense says:

INTRODUCTION

1. I have firsthand knowledge of the following facts and could competently testify thereto, except as to

those matters, which I stated upon information and belief.

2. I challenge falsely presumed, unlawful continuous jurisdiction of family court due to corruption, bias,

and harassment; and without consent to any of its administrative proceedings against me. I aver that no

jurisdiction exists, existed over me without my consent and demand that the STATE finally enters evidence

of jurisdictional facts and elements on the record.

3. I am Falsely Accused victim in the within simulated, fictitious actions of Barratry, Personage and

Human Trafficking; and demand the STATE and its actors cease and decease its criminal practice.

4. This Petition is another of my numerous failed attempts to report Federal Crimes of Treason and

Misprision of Treason to the judge, as well as violations of Code of Judicial Conduct and New York Rules

of Professional Conduct to New York Tribunal per Rule 8.3 - Reporting Professional Misconduct,

"When an honest man, honestly mistaken, comes face-to-face with undeniable andirrefutable tram, he is faced with one of two choices, he must either cease been mistakingor cease being honest." Amicus Solo

5. Starting from 2008, until present I was continuously, maliciously persecuted by numerous public

fiduciaries, calling themselves court officers - support magistrates, court clerks, judges and lawyers. It did

not take me a long to realize that Svenson through her attorney, Yonatan Levoritz (Levoritz), bribed support

magistrate John Fasone (Fasone) to extort money and railroad me for Levoritz' and Svenson's profit.

6. The scheme that Respondents operated under and against me described in the book "The Importance of

Being Honest" by Law Professor Steven Lubet (available at AMAZON). In Chapter 31 on page 174

Professor relates, "In California, Judge Gregory Caskey was publicly admonished for sending the following

e-mail to an attorney:

"I am considering summarily rejecting [opposing counsel's] requests. Do you wantme to let [opposing counsel] have a hearing on this, or do we cut [opposingcounsel] off summarily and run the risk [of] the [Court of Appeals] reversing? ... Isay screw [the other party] and let's cut [opposing counsel] off without hearing.O.K.? By the way, this message will self-destruct in five seconds."The recipient of Caskey's message replied as follows:"Your Honor, I don't feel comfortable responding ex-parte [sic] on how you should rule ona pending case."By return e-mail the judge sent a one-word response, stating, 'chicken'."

JURISDICTION

7. I make this petition under duress, in self-defense and in fear for my life.

8. This court has jurisdiction over Respondents and the claims brought pursuant to C.P.L.R. Article 78.

9. This court has jurisdiction over the claims for declaratory relief pursuant to C.P.L.R. § 3001.

VENUE

10. This proceeding is brought in the judiciary department where respondents' principal offices are located

and wrongdoings were done.

PARTIES

1.1. Michael Rrichevsky (Krichevsky) - self-governed law-abiding man - former taxpayer. He was

gainfully employed from 1988 until 2010. He lost his federally protected job due to corruption, conspiracy,

criminal acts and torts committed by STATE actors, officers of the court.

12. CHARLES SENDERS, ESQ, Assistant Attorney General of THE STATE OF NEW YORK; is body or

. officer, since 2014, proceeded, is proceeding, and is about to proceed without or in excess of jurisdiction

(prohibition) against Krichevsky.

13. Upon information and belief, Mr. Senders admitted in the First and Second Judicial Departments under

contract and oath of office to honestly practice law by serving and protecting the public and State.

14. Mr. Senders undertook unlawful, unauthorized by law malicious defense of

15. private persons, whom Krichevsky sues in Kings County Supreme Court under Index number

19478/13.

16. BERNADETTE BAYNE (BAYNE), Judge of KINGS COUNTY SUPREME COURT; is body or

officer, since 2010, proceeded, is proceeding, and is about to proceed without or in excess of jurisdiction

(prohibition) against Krichevsky.

17. L'ABBATE BALKAN COLAVITA & CONTINI, LLP specialize in defense of corrupt lawyers they

are sued.

18. NOAH NUNBERG, ESQ; MARIAN RICE, ESQ; CANDICE B. RATNER, ESQ; ELAINE SABINO,

ESQ are employees of law firm LABBATE, BALKAN, COLAVITA & CONTINI, L.L.P; is body or

officers, since 2010, proceeded, is proceeding, and is about to proceed without or in excess of jurisdiction

(prohibition) against Krichevsky.

19. Upon information and belief, NOAH NUNBERG, ESQ; MARIAN RICE, ESQ; CANDICE B.

RATNER, ESQ and ELAINE SABINO, ESQ admitted in the Second Judicial Department under contract

and oath of office to honestly practice law by serving and protecting public.

SUMMARY OF MATERIAL FACTS

20. Above mentioned criminal acts and torts started in the beginning of 2008, when while I was working 60

- 80 hours a week at law office paralegal job, unemployed for life gold digger Svenson, former girlfriend.,

was working hard at my home going through my personal tax records, bank accounts and ownership

records.

21. When she has stolen everything she needed to extort money from me, she, acting on advice of her

attorneys, quietly filed for an order of protection and immediately attempted to incarcerate me by provoking

some kind of violence on my part by visiting my employer to badmouth me. That attempt has failed, but I

had to abandon my apartment in order to avoid arrest by police when police came to arrest me, but missed

me. Thereafter, Svenson withdrew her petition for order of protection before the judge had any opportunity

to rule on it.

22. At the same time, she brought stolen documents to her lawyers and filed for child support.

23. Litigation Is War! Even though, her lawyers had every stolen document they needed for the child

support proceedings, they failed to exhaust administrative remedy by attempting to settle with me out of

court. Instead, they would immediately engage me in the harassment and abuse of process through

vexatious litigation and extensive discovery falsely alleging that I am hiding assets.

24. Violating normal, court ordered discovery process where parties just exchange documents and bills,

having depositions, etc., Attorney Yonatan Levoritz refused to depose me and produce Svenson for

deposition, and instead immediately started broadcasting 16 non-party deposition subpoenas to every

possible bank in New York and my contractors who were doing renovation of my house.

25. Because those were not infonnation subpoenas, but deposition subpoenas, which my attorney would

have to attend - we knew that this was harassment and churning of Levoritz attorney's fees - in contempt of

hearing officer of Family Court, John Fasone's order to conduct nonnal discovery. Additionally, Levoritz

started demanding from me for the last 5 years the very same documents that Svenson has stolen from me.

26. In reply, on September 8, 2009 my attorney filed an Order to Show Cause with TRO to Quash

Subpoenas and for Sanctions. Svenson also attempted extortion by blackmail using documents that she has

stolen from me, which is self evident from her blackmail note in my possession. However, Fasone never

gave me a chance to enter it into the evidence as well as other relevant, material documents. In this note,

Svenson writes in rusty Russian mat she went to lawyers and they told her that my employer and I doing

money-laundering using law office.

27. While I was waiting for decision on that OSC to continue nonnal discovery and evidentiary hearing,

Fasone scheduled a trial without any notice to parties. On February 3, 2010, Fasone convened a kangaroo

court without parties present. Using above described by Professor Lubet Judge's Trick, Fasone "screwed

me by summarily cutting off my discovery, evidentiary hearing and trial." After he created his void for

fraud upon the court child support order, he falsified the court's record by denying this OSC and falsely

stating that there was a hearing scheduled, but nobody appeared. The audio record misleadingly presumed

that I was notified, but did not care to show up. It'stated, ".. .it's 10 minutes to five and no one is

appealing..." Before I had a chance to disobey Fasone's void order, on March 1,2010, child support

collection unit seized all my earnings, sabotaging my abilities to appeal.

28. Thereafter, in same 2010, Fasone and Levoritz started malicious prosecution against me by accusing

me to be in contempt of Fasone's child support order with the intent to incarcerate me.

29. 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 me being fired due to harassment of my employer by the

court system and Svenson.

30. My countless motions for new trial were either ignored or denied without a hearing, written findings of

fact and conclusions of law, or orders explaining the reason why. Levoritz' and Fasone' persecution of me

for unlawful and void order resulted in stroke to me due to stress. 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. That contempt petition was regretfully dismissed by Fasone due to

the lack of the evidence, which gave me a cause of action for malicious prosecution against Levoritz. '

31. In all future court appearances when I tried to get a new fair trial, I 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 armed court officers intimidated me when I was trying to talk over Fasone "for the record."

32. In 2011, supervising judge Hepner set aside Fasone's void order, conditionally ordered Mm 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.

33. In Truax v. Corrigan, 257 US 312 (1921), the court held, "the due process clause requires that every

man shall have the protection of his day in court and the benefit of the general law, a law which hears before

it condemns, which proceeds not arbitrary or capriciously but upon inquiry and renders judgment only after

trial so that every citizen shall hold his life, liberty, property and immunities under the protection of the

general rules which govern society. Hurtado v. California, 110 U.S. 516, 535. It, of course, tends to secure

equality of law in the sense that it makes a required minimum of protection for every one's right of life,

liberty arid property, which the Congress or the legislature may not withhold. Our whole system of law is

predicated on the general, fundamental principle of equality of application of the law. "All men are equal

before the law," "This is a government of laws and not of men," "No man is above the law," are all maxims

showing the spirit in which legislatures, executives and courts are expected to make, execute and apply

laws. But the framers and adopters of this Amendment were not content to depend on a mere minimum

secured by the due process clause, or upon the spirit of equality which might not be insisted on by local

public opinion. They therefore embodied that spirit in a specific guaranty."

FIRST CLAIM AGAINST NOAH NUNBERG, ESQ; MARIAN RICE, ESQ; CANDICE B.RATNER, ESQ; ELAINE SABINO, ESQ AND FIRM L'ABBATE, BALKAN, COLAVITA &

CONTINI, L.L.P - WRIT OF PROHIBITION34. In 2010,1 started legal proceeding against Levoritz to receive monetary compensation for torts he

committed against me. NOAH NUNBERG, ESQ; MARIAN RICE, ESQ; CANDICE B. RATNER, ESQ

and ELAINE SABINO, ESQ appeared to defend Levoritz. Doing research on the conflict of interest, I

learned that I am their client as insured employee by contract between my employer's professional

corporation and the firm L'ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P. Moreover, at that time,

my employer, Mr. Wittenstein, was sued by another attorney, and I was material witness in that case. I

immediately contacted Ms. Rice and told her about conflict of interest between me, Levoritz, Wittenstein as

my witness and their firm because those matters where substantially related to each other and their firm was

in possession of Wittenstein's and my personal information that could be used against me and Wittenstein

as my witness. In such case, this firm was prohibited by New York Rules of Professional Conduct to

represent Levoritz against me. Ms. Rice replied that she has a different opinion and they filed frivolous

motion to dismiss my complaint and for sanctions. However, their motion was untimely and I moved for .

default judgment.

35. I also cross-moved by motion to disqualify the firm. In that motion, I explained the judge Bayne that

before she starts reviewing their motion to dismiss my complaint, jurisdictionally she has to decide whether

there is a conflict of interest and the firm should be disqualified. In that case, their motion to dismiss would

be unauthorized and should not be entertained until and unless a new attorney for Levoritz would decide to

proceed on it.

36. However, judge Bayne and this firm too used the same Judge's trick described above against me. What

transpired during that litigation briefly explained in my certified letter to Ms. Sabino and copy to judge

Bayne, Exhibit A.

37. By failing to object to my Notice to Admit, these attorneys and the firm essentially acquiesced to

disqualification, but did not want to create documentary evidence .against them because they conspired with

judge Bayne. They knew that my case would be dismissed without a hearing, albeit procedurally the firm

should be disqualified as defaulted. To add more insult to the injury, judge Bayne refused to issue a final

appealable order, and instead wrote a minute order, which as I understood was not appealable because it

didn't have findings of fact and conclusions of law. Regardless, Judge's Bayne order is VOID because of

her and other participating attorneys' not kosher due process and dealings against Pro Se Plaintiff, which

deprived judge Bayne of Jurisdiction. The Court in Yates v. Village of Hoffman Estates, Illinois, 209

F.Supp. 757 (1962) held mat "not every action by a judge is in exercise of his judicial function.... it is not a

judicial function for a judge to commit an intentional tort even though the tort occurs in the courthouse."

"When judges act when they do not have jurisdiction to act, or they enforce a void order (an order issued by

a judge without jurisdiction)', they become trespassers of the law, and are engaged in treason. When a judge

• acts as a trespasser of the law, when a judge does not follow the law, the judge loses subject-matter

jurisdiction and the judge's orders are void, of no legal force or effect.

38. In Ross v. Eveready Ins. Co., 156 AD 2d 657 - NY Appellate Div., 2nd Dept. (1989) the court

explained:

Contrary to the determination of the Supreme Court, the defendant's motion to vacate thejudgment pursuant to CPLR 5015 (a) (4) was not untimely. The judgment, which wasentered without acquiring personal jurisdiction over the defendant, was a nullity and didnot bind it (see, McMullen v Arnone, 79 AD2d 496, 499). Thus, the defendant was free to"ignore the judgment, resist it or assert its invalidity at any and all times" (McMullen v

• Arnone, supra, at 499; emphasis supplied); the defendant was not ""bound to appeal from[the] void judgment'" (Hughes v Cuming, 165 N.Y. 91, 94, quoting Kamp v Kamp, 59 N.Y.212,215).

•39. That litigation resulted in void order,

40. without a due process hearing and jury trial as demanded, and

41. no record or evidence of the hearing exists,

42. except my letter to Ms. Sabino with copy to judge Bayne as notice to her about conspiracy and fraud.

43. In 2013,1 started legal action against, inter alia, Fasone and Levoritz in an attempt to obtain monetary

compensation for their common law torts against me and to collaterally attack Fasone's void order.

44. Once again, NOAH NUNBERG, ESQ; MARIAN RICE, ESQ; CANDICE B. RATNER, ESQ;

ELAINE SABINO, ESQ employees of law firm L'ABB ATE, BALKAN, COLAVITA & CONTINI, L.L.P

appeared to defend Levoritz. This time they are arguing mat my action should be dismissed due to doctrmes

of res judicata and collateral estoppel. I maintain that because I did not have a full and fair opportunity to

litigate the issues, judge Bayne's order is void due to fraud upon the court. I intend to litigate that issue and

am calling these attorneys as my witnesses against Levoritz and their fraud upon the very willing court -

judge Bayne, co-conspirator. '

45. Once again, the conflict of interest is apparent and even multiplied. They should be PROHIBITED to

be a counsel for Levoritz and their own witnesses on their behalf and behalf of Levoritz at the same time,

not to mention corruption, conspiracy and perjury they committed during my prior experience with them.

To let them stay on the case is to make a mockery of justice.

SECOND CLAIM AGAINST JUDGE BERNADETTE BAYNE - WRIT OF PROHIBITION

46. I incorporate all paragraphs above by reference herein.

47. The issues in prior litigations boil down, to premises: a) defendants' unnecessary, unethical aggression

using State police power against me caused me a harm in violation of New York Rules of Professional

Conduct rule 4.4 by needlessly violating my rights, causing embarrassment and harm to me; b) to succeed,

attorneys and Svenson perjured themselves in court, causing me harm.

48. After judge Bayne essentially repeated after Fasone the judge's trick described above, judge Bayne

ruled that my cross-motions for default judgment against Levoritz and to disqualify Noah Nunberg are

moot. What really happened described in my certified mail letter to attorneys and the judge Bernadette

Bayne (Exhibit A), which still unrebutted, and therefore tacitly admitted. Accordingly, this letter is prima

facie evidence and my Offer of Proof describing events of that litigation. Therefore, no res judicata or

. collateral estoppel exists because I did not have a chance fully and fairly litigate the issues in the court of

record, Law and Equity. Accordingly, this court should not give full faith and credit to the judgment of

judge Bayne. In prior litigation and most likely this one, respondents did and will call me "disgruntled

litigant" and will use unethical tactic called "character assassination" stating, "how dare I try recusing the

judge?" In Fritts v. Krug, 92 NW 2d 604 (1958) Supreme Court of Michigan eloquently stated about

disgruntled litigant:

A "void" judgment, as we all know, grounds no rights, forms no defense to actionstaken thereunder, and is vulnerable to any manner of collateral attack (thus here, by

' habeas corpus). No statute of limitations or repose runs on its holdings, the mattersthought to be settled thereby are not res judicata, and years later, when thememories may have grown dim and rights long been regarded as vested, anydisgruntled litigant may reopen the old wound and once more probe its depths. Andit is then as though trial and adjudication had never been."

10

49. Noticeably, Judge Bayne once again appeared in 2013 action against Fasone and Levoritz, although

according to unified court rales assignment of the judge is a random.

50. I am calling Judge Bayne as my witness against Fasone and Levoritz and their attorneys in my

collateral attack on all void judgments and orders that issued against me. Because of this, I filed motion to

disqualify Judge Bayne per Judiciary Law § 14 - direct conflict of interest, since she expects to rule on the

res judicata and collateral estoppel issues while accused of corruption and conspiracy. As such, she can only

be my witness, albeit hostile. She continued her practice and denied that motion without a hearing and

written explanation.

51. In addition, I am planning on amending my 2013 complaint and joining her as Defendant.

52. Accordingly, Judge Bayne should be prohibited from presiding on the current, 2013 action.

THIRD CLAIM AGAINST ASSISTANT ATTORNEY GENERAL OF NEW YORK STATECHARLES SENDERS, ESQ - WRIT OF PROHIBITION

53. I incorporate all paragraphs above by reference herein.

54. Mr. Senders, although the government attorney, appeared and engaged in private practice.

55. Accordingly, taxpayer's dollars and prestige of Attorney General's office should not be used for

private matters and to inappropriately influence jury to favor defendants.

56. Mr. Senders, in violation of CPLR and ethics rules, filed a motion to dismiss 2013 action based on his

frivolous, hearsay affidavit claiming that Defendants are immune against their criminal acts. In Gonzales v.

Buist, 224 U.S. 126,56 L.Ed. 693,32 S.Ct. 463 (1912) the court eloquently stated, "Under no possible view,

however, of the findings we are considering can they be held to constitute a compliance with the statute,

since they merely embody conflicting statements of counsel concerning the facts as they suppose them to

be and their appreciation of the law which they deem applicable, there being, therefore, no attempt whatever

11

to state the ultimate facts by a consideration of which we would be able to conclude whether or not the

judgment was warranted."

57. There is no evidence testimonial or otherwise that Defendants appeared in 2013 action, and therefore

are in default.

58. Such behavior is an admission of wrongdoing by Defendants and they do not dare to make a statement

admitting or denying my averments since any statement will tend to incriminate them in.criminal conduct.

59. Accordingly, government attorney abandoned his public post to protect people of this state and joined

criminals in their defense instead of arresting them and removing from public office.

60-. Now Mr. Senders created unholy trinity against me to obstruct justice.

61. Coupled with the fact that attorney general will represent Judge Bayne, attorney general's office should

be prohibited from representing Defendants and Judge in the same action.

62. No previous application has been made for the relief requested herein.

WHEREFORE, it is respectfully requested that this Petition be granted in its entirety, and that such

other and further relief be granted as to this Court seems just and proper, including the costs of this Petition.

Dated: -Brooklyn, New YorkFebruary 17,2015

Michael Krichevsky, sui juris, under duress

12

SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION: SECOND JUDUCIAL DEPARTMENT

MICHAEL KRICHEVSKY,

CLAIMANT,FALSELY ACCUSED,

.] AGAINST'

CHARLES SlSTOERS, ESQ, ASSISTANT ATTORNEYGENERAL OF THE STATE OF NEW YORK;BERNADETTE BAYNE, JUDGE OF KINGS COUNTYSUPREME COURT;NOAH NUNBERG, ESQ; MARIAN RICE, ESQ; CANDICE BRATNER, ESQ; ELAINE SABINO, ESQ;L'ABBATE, BALKAN, COLAVITA & CONTINI, LLP

RESPONDENTS.

INDEX NO. (347 V/3>

Appellate <p i//<?-

INDIVIDUALVERIFICATION

STATE OF NEW YORK)) ss.:

COUNTY OF KINGS )

Michael Krichevsky, being duly sworn, deposes and says:

That I am the Falsely Accused, Claimant in the within action.

I have read the foregoing and know the contents thereof and the same is true to the best ofmy knowledge, except as to those matters herein stated to be alleged upon information and beliefand that as to those matters, I believe them to be true.

Michael Krichevsky, sui juris

Sworn to before me this18 day of February 2015

NOTARY PUBLIC

INOCENCIA NUNEZNotary Public - State of New York

1\. 01NU6249780Qualified in Kings Coun

My Commission Expires---