SUPREME COURT OF THE STATE OF NEW YORK

APPELATE DIVISION: SECOND JUDUCIAL DEPARTMENT

______________________________________________
In the Matter of Michael Krichevsky, Index No: 078015/18
Petitioner,
Appellate Division Docket
-against- No 2019-01809
AFFIDAVIT OF
Judge Noach Dear PERSONAL AND MAIL
Shmuel Taub, Esq. SERVICE
Woods Oviatt Gilman LLP
Brettanie L. Hart Saxton, Esq.
Victoria E. Munian, Esq.
David B. Wildermuth, Esq.
Michael Thomas Jablonski, Esq.
Wells Fargo Bank, NA
US Bank, NA
Respondents.
______________________________________________

STATE OF NEW YORK)

) ss.:
COUNTY OF KINGS )

Michael Krichevsky, being duly sworn to God, says:

1. I am Petitioner in the action and I have first-hand knowledge to make this affidavit because

I do my own investigations and legal writings.

2. In fact, I am the only one amongst people involved in underlying action with standing and

first-hand knowledge able lawfully sign non-hearsay, admissible by law affidavits without

intention to mislead the court or judge, harass opponent, and without creating perjury and/or fraud

on the court.

3. If I called as a witness, I can competently testify as follows below.

4. Currently, I am financially starved and damaged man by these 3 underlying stages of

harassing, fraudulent and frivolous litigation instituted by Wells Fargo from 2009 using 3 different

foreclosure mills.

5. Because of that, I was unable to hire licensed process servers to serve all 9 respondents and
I resorted to my friend’s help as common law process servers.
6. In addition, this affidavit saves my time, energy and money by avoiding the hustle of

obtaining individual affidavits of service from each of my friends because they all are busy,

employed and don’t have time to write affidavits and go to notaries.

7. My first common law, non-commercial process server, Nelli Frid, resides in Brooklyn,

New York, and she is over 18 years of age.

8. My second common law, non-commercial process server, Elena Nabiouline, resides in

Brooklyn, New York, and she is over 18 years of age.

9. Nelli Frid took a day off from her work and on March 4, 2019, she and I arrived at Office of
Woods Oviatt Gilman LLP located in Rochester, New York.

10. At 1:52 PM, with me present, she served 4 copies of the within ARTICLE 78 VERIFIED

PETITION UNDER DURESS on Donald W. O'Brien, Jr., attorney for respondents Woods Oviatt

Gilman LLP, Brettanie L. Hart Saxton, Esq., David B. Wildermuth, Esq., and Michael Thomas

Jablonski, Esq.

11. Donald W. O'Brien, Jr., the person so served is described as follows:

Sex: male; Height: 5’10”; Weight: 185; Age: 60; Skin color: white; Hair color: grey

12. He told us that because Victoria E. Munian, Esq. is no longer working for the company, he

is not going to represent her in this action. Mr. O'Brien took only four copies of said petition. He

gave me his business card and signed admission of service, Exhibit A.

Due to terrorist’s threats, United States Postal Service does not permit service of process
using mail prescribed by CPLR 308(2) without sender’s name and return address, which, if
written on envelope, would indicate that communication concerns an action against a person
to be served.
13. On March 5, 2019, at about 7:30 PM Elena Nabiouline and I, after 2 prior unsuccessful

attempts to serve Shmuel Taub, Esq. by hand delivery, delivered a copy of ARTICLE 78

VERIFIED PETITION UNDER DURESS to him per CPLR 307(2) at his law office, located at

1466 60th Street, Brooklyn, New York.

14. On March 5, 2019, at about 9 PM Elena Nabiouline and I, after 2 prior unsuccessful
attempts to serve Judge Noach Dear by hand delivery, delivered a copy of ARTICLE 78

VERIFIED PETITION UNDER DURESS to him per CPLR 307(2) at his residence. I presume,

this residence is registered with the BAR as place of business and/or service of process on attorney

practicing in New York. The front door has about 2-3 inches hole for mail delivery “drop off”

when attorney’s office is closed. Said copy of petition was placed there behind the front door.

15. On March 7, 2019, a copy of ARTICLE 78 VERIFIED PETITION UNDER DURESS was

delivered to the office of attorney general. Its agent, per CPLR 306(e), admitted service by

stamping a front copy of this petition, Exhibit B.

16. On March 7, 2019, I contacted by phone headquarters of Wells Fargo Bank, NA and asked

female employee who is authorized individual to accept the service of process and at which office.

She told me that Wells Fargo waives designation of authorized person to accept service and instead

chooses that any officer of any branch may accept legal papers.

17. On March 7, 2019, a copy of said petition was delivered to Shenell Welch, Wels Fargo

personal banker, at 463 Broadway, New York, New York. She admitted service of process by

signing and dating a copy of the front page of said petition, Exhibit C.

18. On March 7, 2019, I contacted by phone headquarters of US Bank, NA and asked female

employee who is authorized individual to accept the service of process and at which office. She

told me that US Bank, NA waives designation of authorized person to accept service and instead

chooses to accept legal papers by certified mail at specially designated address written below:

US Bank, NA
800 Nicollet Mal
BC-MN-H21N
Minneapolis, MN 55402

19. Attached as Exhibit D is proof of certified mail addressed to US Bank, NA.

Sworn to before me this

day of March, 2019
_______________________
Michael Krichevsky
_______________________
NOTARY PUBLIC