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KINGS COUNTY SUPPORT COLLECTION UNIT OF KINGS DOCKET NO.

COUNTY DEPARTMENT OF COCIAL SERVICES on behalf of F-28901-08110B ELENA SVENSON,

Petitioners,

-against-

ORDER TO SHOW CAUSE WITH TRO ~

MICHAEL KRICHEVSKY,

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Respondent.

Hon. Paula Hepner

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Upon the annexed affidavit of Michael Krichevsky, duly sworn to on the

U1 day of August, :_

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2010, and the papers annexed hereto,

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

made and entered:

1. To DECLAR that support order against respondent dated February 3, 2010 by

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 unemployment insurance benefits of $430 per week.

IT APPEARING that a cause of action exists in favor of the respondent and that

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-28901-08/10 ELENA SVENSON,

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Petitioners,

-against-

JUDICIAL NOTICE Cf.1 o f'..)

MICHAEL KRlCHEVSKY,

Respondent.

Hon. Paula Hepner

COMES NOW, Michael Krichevsky, Pro Se, (Hereinafter "Respondent")hereby respectfully moves this Court to take JUDICIAL NOTICE:

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

litigant should be afforded that available relief.

Moore v. Florida, 703 F.2d 516 (lIth Cir. 1983) Reversed and Remanded which held:

"[26] 'a court should be particularly careful to ensure proper notice to a pro se litigant.' Herron v. Beck, 693 F.2d at 127. See also Barker v. Norman, 651 F.2d 1107,1129 (5th Cir. 1981) (holding district court abused its discretion ... failing to afford to a pro se civil rights Ii tigant. .. "

"[37] The pleadings of pro se litigants ... subject to less stringent rules. ' ,

however inartfully drafted, must be held to less rigorous standards than by

lawyers.' Woodall v. Foti, 651 F.2d 268, 271 (5th Cir. 1981); see Richardson v. Fleming, 651 F.2d 366,368 (5th Cir. 1981)."

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 (lIth 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

2

F AMIL Y COURT OF THE STATE OF NEW YORK COUNTY OF KINGS

Docket NO. F-28901-08/10

ELENA SVENSON,

Petitioner,

-against-

OBJECTION TO c:» REFUSAL TO RECF..SE

Respondent.

l ) I 1..0

Hon. Paula Hepner v ::::

L •.

MICHAEL KRICHEVSKY,

STATE OF NEW YORK ss.:

COUNTY OF KINGS

MICHAEL KRICHEVSKY, Pro Se, respondent in the action herein objects to Support

Magistrate John Fasone verbal refusal to recuse himself on the following grounds:

1. On July 13,2010 there was a hearing on my motion to recuse Magistrate John Fasone, Exhibit A. During this hearing he stated that he did not read this motion but most likely

will refuse to recuse himself.

2. Petitioner filed frivolous petition to hold respondent in contempt for violating Magistrate

John Fasone's order for not paying money he does not have. It was done in response and

retaliation against respondent for filing custody petition in May of 2010, Docket No. V-

14747-10.

3. The reason this petition is frivolous is because petitioner's attorney knows that:

a) I lost my job and in May of 20 1 0 filed petition to modify my support amount

putting him on notice that I am receiving unemployment benefits and petitioner is

getting support from it.

b) Petitioner's attorney, Mr. Levoritz, failed to answer my petitions to modify child

support and custody petition, and while in default and instead filed petition to

FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS

Docket NO. F-28901-08/10

ELENA SVENSON,

Petitioner,

-against-

OBJECTION TO REFUSAL TO RECUSE

MICHAEL KRICHEVSKY,

Respondent.

Hon. Paula Hepner

STATE OF NEW YORK ss.:

COUNTY OF KINGS

MICHAEL KRICHEVSKY, Pro Se, respondent in the action herein objects to Support Magistrate John Fasone verbal refusal to recuse himself on the following grounds:

l. On July 13,2010 there was a hearing on my motion to recuse Magistrate John Fasone,

Exhibit A. During this hearing he stated that he did not read this motion but most likely

will refuse to recuse himself.

2. Petitioner filed frivolous petition to hold respondent in contempt for violating Magistrate

John Fasone's order for not paying money he does not have. It was done in response and

retaliation against respondent for filing custody petition in May of 20 1 0, Docket No. V-

14747-10.

3. The reason this petition is frivolous is because petitioner's attorney knows that:

a) I lost my job and in May of 20 1 0 filed petition to modify my support amount

putting him on notice that I am receiving unemployment benefits and petitioner is

getting support from it.

b) Petitioner's attorney, Mr. Levoritz, failed to answer my petitions to modify child

support and custody petition, and while in default and instead filed petition to

hold me in contempt.

4. On June 28, 2010 after custody hearing which was adjourned till October 4, respondent's attorney, Mr. Levoritz, approached respondent and "made me an offer I can not refuse". The offer was: respondent withdraws his custody petition in exchange for not sending me to jail, and arrears will be converted into money judgment. Rule of Professional conduct 3.4 - FAIRNESS TO OPPOSING PARTY AND COUNSEL states that a lawyer shall not: ( e) present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter.

5. Petitioner and Mr. Levoritz committed witness tampering, perjury, fraud upon the court and evidence spoliation during this hearing. Support Magistrate John Fasone had duty to report this conduct to appropriate authority following Rules of Judicial Conduct. Instead he covered it up. Now I know that there is no equal protection under the color of law in his court. I am afraid that when Mr. Levoritz requests my incarceration he will get his granted as Magistrate John Fasone suggested to him to seek incarceration during July 13, 2010 hearing of my motion.

6. If Your Honor reads my supporting affidavit for motion to recuse and judicial notice (Exhibit B) it will become apparent that I will not get a fair hearing.

7. Here is another argument and proof that Magistrate John Fasone is biased against me and uses double standard of justice. During paternity hearing Support Magistrate Jennifer Castaldi ordered Petitioner to enroll my son in Child Health Plus insurance plan while this litigation was going on. On advise of Mr. Levoritz, petitioner refused to do it and became in contempt of court. During child support hearing when this fact was pointed by my attorney to Magistrate he did not care and refused to agnowlege his peer's order. So for almost two years my son is uninsured. However, when petitioner frivolously accused me to be in contempt, Magistrate John Fasone wants to appoint a criminal attorney for me.

8. I gave every opportunity to correct errors of this void child support order, but Magistrate

John Fasone refused to act. Having no choice but to act as promised in this motion, I filed complaint with NYS Commission on Judicial Conduct and will call Magistrate John

Fasone a witness.

WHEREFORE, it is respectfully requested that the motion to recuse Magistrate John Fasone be

granted in its entirety and another Magistrate will be assigned to my case, and for such other and

further relief as Interest of Justice and this Court may seem just and proper.

I, Michael Krichevsky, Pro Se, declare under penalty of perjury that my statements herein are true to the best of my knowledge and believe.

August 2,2010 Brooklyn, New York

,? tJ

MICHAEL KRICHEVSKY

YONA TAN LEV ORITZ

LA W OFFICE OF YONAT AN LEV ORITZ, PC 2306 Coney Island Ave, 2nd Fl.

Brooklyn, ew York 11223