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Objection To John Fasone Order and Affidavit in Support

Objection To John Fasone Order and Affidavit in Support

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Published by SLAVEFATHER
Objection To John Fasone Order and Affidavit in Support. Corruption and judicial extortion continues
Objection To John Fasone Order and Affidavit in Support. Corruption and judicial extortion continues

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Published by: SLAVEFATHER on Sep 23, 2013
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10/31/2013

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FAMILY COURT OF THE STATE OF NEW YORKCOUNTY
OF
KINGSDocket No.
F28901-08
Elena Svenson,
Plaintiff,
OBJECTION
AND
-against-
AFFIDAVIT
IN
SUPPORT
Michael
Krichevsky,
Defendant.
STATE
OF NEW
YORKCOUNTY OF KINGSMichael Krichevsky (KRICHEVSKY), Pro Se,SuiJuris respectfully avers upon
his
firsthand knowledge under penalties
of
perjury:1.
That
I
am
the
defendant
in
error
in the
within action.
2. The
facts stated
in
this
affidavit
are
within
my
personal knowledge,
and if
called
on as a
witness,
I could competently
testify
thereto.3.
I
incorporate
by
reference herein
my
motion
to
take judicial notice
per
CPLR, which
I filed in
this court together with Motion
to
Hold
in
Contempt, exhibit
A.
This motion
was
personallyserved
on
petitioner Svenson together with motion
to
hold
her in
contempt
on
July
18,2013 and
she did not
object. More than
a
month
has
passed
and
this
motion neither
granted,
nor
denied.
Mr.
Fasone
did not
schedule
a
hearing
on
this motion
if he
needed. However,
he
proceeded
to
make decisions
and
issuing orders
(
exhibit
B)
without
1
st
taking this mandatory judicial noticeon the record. As such, I presume that my Motion to Take Judicial Notice ignored and object tosuch misconduct and long-standing, continuous, unconstitutional pattern of denial of due
process.
I
take
exceptionand
object
to Mr.
Fasone's
scheduled coercive hearing
on
September
 
20, 2013 and
VOID
orders
after
my motion to recuse Mr. Fasone was improperly denied byhim. In my order to show
cause,
which Mr. Fasone denied on July
19,
2013
in
^
4 I requested
relief
and gave jurisdiction to void his child support order due to
perjury
of petitioner Svensonduring initial proceedings in 2009 and going
forward
till present. In his order, he is intentionallysilent of my requested relief and only mentions his inability to adjudicate Svenson in contempt.
It
was his
fiduciary
duty as a judicial
officer
to apply CPLR 5015(a)(2), (3) and (4). It wouldhave been
a
sanction
to
Svenson
for
perjury
and
fraud
upon
the
court,
but he
refused
to
perform
his
fiduciary
duty.
4. This objection is timely because his order was mailed on July 25, 2013 (exhibit B).5. Now, I move Hon. Jeanette Ruiz to take this mandatory judicial notice in writing and issuedecisionon it.6. I move Hon. Jeanette Ruiz to take mandatory judicial notice of the case
Hewlett
v.
Rose,
496U.S. 356
(1990)
where the court stated:
"Federal
law is enforceable in state courts not because Congress has determinedthat federal courts would otherwise be burdened or that state courts might provide amore convenient
forum
although both might well
be
true
but
because
the
Constitution and laws passed pursuant to it are as much laws in the States as
laws
passed by the state legislature. The Supremacy Clause makes those laws "thesupreme Law of the Land," and charges state courts with a coordinate responsibilityto enforcemat lawaccordingto
their
regular modesofprocedure. "The lawsof theUnited States are laws in the several States, and
just
as much binding on the
citizens
and courts thereofas theState laws are.The twotogether
form
onesystemof
jurisprudence,
which constitutes the law of the land for the
State"
7. I
move Hon. Jeanette Ruiz
to
take mandatory judicial notice
of my
Constitutional
and Pro Se
rights, which motion
I
filed
in
this court
and
attached
to
this Objection
on the
back.
8.
I
move Hon. Jeanette Ruiz
to
take
mandatory
judicial notice
of the
case
U.S.
v.
Tweel,
550
F.2d
2
 
297
(1977).
where
the
court stated:
"Silence
canonlybeequated with
fraud
where thereis alegalormoral dutytospeak or when an inquiry
left
unanswered would be intentionally
misleading."
9.
I
move Hon. Jeanette Ruiz
to
take mandatory judicial notice
of
judge Paula
Hepner's
order
in
this case (exhibit
A of the
motion)
as
whole
and
particularly
the
critical
findings of
judge
on
page
5:
"...
The
record
seems
to
reflect
that support magistrate Fasone attempted
to
curtail
the
motion practice,
the
motion should have been heard
by
support magistrateFasone during
the
pendency
of the
hearing instead
of
being referred
to the
undersigned"10.
I
move
Flon.
Jeanette Ruiz
to
take mandatory judicial notice
of the
critical findings
of
judgePaula
Hepner in her
order (exhibit
A of the
motion)
on
page
7:
"Currently,
this case is a procedural quagmire with numerous motions
filed
on
different
supplemental
petitions".
In
footnote
#
10
the
order
states that on July 5,2010KRICHEVSKY
filed
motion
to recuse Mr.
Fasone
and on
July
12,
2010
KRICHEVSKY
filed cross-motion for sanctions for
frivolous
motion to holdpetitioner
and her
attorney
in
contempt.
11.
I
move Hon. Jeanette Ruiz
to
take mandatory judicial notice
of the
fact
that while petitioner
Svenson's
petition to hold KRICHEVSKY in contempt was pending for more
than
a year,
KRICHEVSKY's
cross-motion
to
hold petitioner
and her attorney, Mr.Levoritz,in
contempt
•was
denied on
July
26,2010
by Mr. Fasone without
heating.,
notice to parties and reply
from
petitioner'sattorney(conspiracy against
rights?).
That denial order
was not
mailed
to
KRICHEVSKY.
12.
Above-mentioned conduct makes this proceedings VOID
due to
denial
of due
process
and
lack of subject matter/personal jurisdiction by the court because of "Fraud upon the court." It

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