(.

Lc

of the Family Court of the State At Part of New York, held in and for the County of Kings, at the Kings County Family Court Courthouse, located at 330 Jay Street, Brooklyn, New York 11201 on the' day of September 2009

PRESENT: MWO In the Matter Of a Paternity Proceeding ELENA SVENSON, File No.: 142040 Docket No.: P-28901 Petitioner, -againstMICHAEL KRICHEVSKY Respondent. -------------------------x NOW, upon the Emergency Affirmation of Daniel A. Singer, Esq. dated September 7, 2009; the Affirmation of Good Faith of Daniel A. Singer, Esq., dated September 7, 2009; the Affirmation-In-Chief of Daniel A. Singer, Esq. dated September 7, 2009; and the Affidavit of respondent Michael Krichevsky sworn to on September 8, 2009, together with the exhibits annexed thereto, and upon the pleadings herein, petitioner Elena Svenson and her counsel show cause before this Court at part 29 thereof, to be held at the Kings County Family Court Courthouse, located at 330 Jay Street, Brooklyn, New York 11202, on the of 0 (2009 0 a.m or as ORDER TO SHOW CAUSE (WITH TEMPORARY STAY/RESTRAINING ORDER)

soon thereafter as counsel may be heard, why an order should not be made and entered:

(i)

pursuant to CPLR 2304, quashing the Notice of Deposition Upon Oral Examination, Subpoena Duces Tecum and Ad Testificandum, and Notice to Produce (collectively the "Subpoenas") that petitioner Elena Svenson ("Petitioner") purportedly served upon Third-Party Banks';

(ii)

in the alternative, pursuant to CPLR 2304 and CPLR 3103, modifying the Subpoenas and issuing a protective order limiting the information which the Third-Party Banks are to produce in response to the Subpoenas;

(iii)

pursuant to CPLR 2304, quashing the Subpoenas that Petitioner purportedly served upon Sergey Drabkin, Consela Engineering, P.C., Leon Mandel, and Leon Construction (the "Non-Bank Third Parties");

(iv)

in the alternative, pursuant to CPLR 2304 and 3103, conditioning the NonBank Third Parties' compliance with the Subpoenas on Petitioner's paying for all cost incurred by the nonparties in responding to such disclosure;

(v)

pursuant to NYCRR 130-1.1, ordering that Petitioner pay all costs and attorneys' fees relating to this motion and imposing financial sanctions against Petitioner; and

(vi)

granting Respondent such further and different relief as this court deems just and proper.

The Third-Party Banks that Petitioner purportedly served include the following: i) Wells Fargo Bank, N.A.; ii) Sovereign Bank; iii) HSBC Bank USA, N.A.; iv) Commerce Bank; v) J.P.Morgan Bank Chase, N.A.; vi) Washington Mutual Bank; vii) Bank of America; viii) Citibank USA; ix) American Express, TRS Company, Inc.; x) Capital One, N.A.; xi) Capital One Bank (USA), N.A.; and xii) National City Bank

2

C

C

ORDERED, that pending the hearing and determination of this motion, nonparties Sergey Drabkin; Consela Engineering, P.C.; Leon Mandel; Leon Construction; Sovereign Bank; and Citibank are restrained from responding to any of the Subpoenas issued by Petitioner, including, without limitation, producing any documents in response to said Subpoenas and/or providing any testimony as demanded in said Subpoenas; ORDERED, that service of a copy of this Order upon Leon Mandel, having an address of 2475 West 16th Street, Brooklyn, New York 11214 by overnight delivery by September , 2009 shall be deemed good and sufficient service; ORDERED, that service of a copy of this Order upon Leon Construction, having an address of 2475 West 16th Street, Brooklyn, New York by overnight delivery by September , 2009 shall be deemed good and sufficient service; ORDERED, that service of a copy of this Order upon Sergey Drabkin, having an address of 3714 Nautilus Avenue, Brooklyn, New York 11224 by overnight delivery by September, 2009 shall be deemed good and sufficient service; ORDERED, that service of a copy of this Order upon Consela Engineering, P.C., having an address of 3714 Nautilus Avenue, Brooklyn, New York 11224 by overnight delivery by September, 2009 shall be deemed good and sufficient service; ORDERED, that service of a copy of this Order upon Sovereign Bank by fax at (484) 248-1120 and by First Class Mail at 961 Kings Highway, Brooklyn, New York 11223 by September, 2009 shall be deemed good and sufficient service;

3

ORDERED, that service of a copy of this Order upon Citibank USA by fax at (210) 547-9212 and by First Class Mail at One Court Square, 41 st Floor, Long Island City, New York 11120 by September service; ORDERED, that service of a copy of this Order and a copy of the papers upon which it is granted shall be served upon The Law Office of Yonatan S. Levoritz, P.C., 2306 Coney Island Avenue, Second Floor, Brooklyn, New York 11223, by overnight
ion` mail on or before September $„ 2009 shall be deemed good and sufficient service.

N, 2009

shall be deemed good and sufficient

Answering papers, if any, shall be served upon Defendant's counsel, The Law Offices of Daniel A. Singer PLLC, 234 Fifth Avenue, Suite 400, New York, New York 10001, not less than
1 11

days before the return date hereof.

Reply papers, if any, shall be served not less than hereof. ENTER:

l•

day before the return date

iS

ORAL ARGUMENTS:

RAELLA F. MAYER, Support Magistrate
F

t? So-y4)

314.,(__

4

FAMILY COURT COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------x In the Matter Of A Support Proceeding ELENA SVENSON, Petitioner, -againstMICHAEL KRICHEVSKY, Respondent. -----------------------------------x Daniel A. Singer, an attorney duly admitted to practice law before the Courts of the State of New York, affirms under penalty of perjury: I am a member of The Law Offices of Daniel A. Singer PLLC, attorneys for respondent Michael Krichevsky ("Respondent"). As such, I am fully familiar with the facts and circumstances set forth herein. I respectfully submit this affirmation in support of an order (i) pursuant to CPLR 2304, quashing the Notice of Deposition Upon Oral Examination, Subpoena Duces Tecum and Ad Testificandum, and Notice to Produce (collectively the "Subpoenas") that petitioner Elena Svenson ("Petitioner") purportedly issued to Third-Party Banks'; (ii) in the alternative, pursuant to CPLR 2304 and CPLR 3103, modifying the Subpoenas and issuing a protective order limiting the information which the Third-Party Banks are to produce in response to the Subpoenas; (iii) pursuant to CPLR 2304, quashing the Subpoenas that Petitioner issued Sergey Drabkin, Consela Engineering, P.C., Leon Mandel, and Leon Construction (the "Non-Bank Third Parties"); (iv) in the alternative, pursuant to CPLR 2304 and
The Third-Party Banks that Petitioner purportedly served include the following: i) Wells Fargo Bank, N.A.; ii) Sovereign Bank; iii) HSBC Bank USA, N.A.; iv) Commerce Bank; v) J.P.Morgan Bank Chase, N.A.; vi) Washington Mutual Bank; vii) Bank of America; viii) Citibank USA; ix) American Express, TRS Company, Inc.; x) Capital One, N.A.; xi) Capital One Bank (USA), N.A.; and xii) National City Bank

File No: 142040 Docket No.: P-28901 EMERGENCY AFFIRMATION

is not material and necessary to this proceeding. At the very least, the information sought is premature as no disclosure has yet occurred between the parties. As such, they must be quashed or, alternatively, a protective order must be issued so as to severely limit disclosure. 7. With respect to the Subpoenas issued to the Non-Bank Third Parties, such

disclosure has been specifically precluded by this Court. (Copies of such subpoenas are annexed hereto as Exhibit "D"). 8. quashed. 9. Moreover, the Non-Bank Third Party Subpoenas contain the same For this reason alone, the Non-Bank Third Party Subpoenas must be

jurisdictional defects as the Bank Subpoenas including being improper devices for non-party disclosure and appearing to have been improperly served without the appropriate fees. 10. The Non-Bank Third Parties that Petitioner has purportedly served are the

general contractor and engineer that are performing renovation work on Respondent's residence located at 4221 Atlantic Avenue, Brooklyn, New York 11224. The Non-Bank Third Party Subpoenas fail to seek any information which is material and necessary to this proceeding and are clearly designed to simply harass Respondent. They must thus be quashed. 11. Certain Third Parties have advised Respondent that they will be

responding to the Subpoenas if Respondent does not make a motion to quash by September 8, 2009 and obtain an order restraining/staying disclosure pending the hearing and determination by such date (September 8th12. 12.
2

As such, it is respectfully requested that this Court issuing an order staying

th Certain of the Bank Subpoenas were returnable on Labor Day (September 7 ). Respondent has not been advised as th to any adjourned time. The balance of the Bank Subpoenas are returnable on September 10 . The Non-Bank Third Party Subpoenas are returnable on September 30, 2009. 3

Third Party Disclosure pending the hearing and determination of the motion. 13. In the event that such temporary stay is not put in place, Respondent will

be severely prejudiced as documents will be produced which have no bearing on this action. Such an invasion of Respondent's privacy should not be permitted. 14. No prior application for the relief requested herein has been made.

WHEREFORE it is respectfully requested that this Court issue an Order i) pursuant to CPLR 2304, quashing the Subpoenas that Petitioner purportedly served upon Third-Party Banks; (ii) in the alternative, pursuant to CPLR 2304 and CPLR 3103, modifying the Subpoenas and issuing a protective order limiting the information which the Third-Party Banks are to produce in response to the Subpoenas; (iii) pursuant to CPLR 2304, quashing the Subpoenas that Petitioner purportedly served upon Non-Bank Third Parties; (iv) in the alternative, pursuant to CPLR 2304 and 3103, conditioning the Non-Bank Third Parties compliance with the Subpoenas on Petitioner's paying for all cost incurred by the nonparties in responding to such disclosure; (v) pursuant to NYCRR 130-1.1, ordering that Petitioner pay all costs and attorneys' fees relating to this motion and imposing financial sanctions against Petitioner ; and (vi) granting Respondent such further and different relief as this court deems just and proper. Dated: New York, New York September 7, 2009

DANIEL A. SINGER

1JAff19_1

4

FAMILY COURT COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------x In the Matter Of A Support Proceeding ELENA SVENSON, Petitioner, -againstMICHAEL KRICHEVSKY, Respondent. -----------------------------------x Daniel A. Singer, an attorney duly admitted to practice law before the Courts of the State of New York, affirms under penalty of perjury: I am a member of The Law Offices of Daniel A. Singer PLLC, attorneys for respondent Michael Krichevsky ("Respondent"). As such, I am fully familiar with the facts and circumstances set forth herein. 2. Pursuant to CPLR 2304, Prior to making this Motion to Quash the AFFIRMATION OF GOOD FAITH PURSUANT TO CPLR 2304 File No: 142040 Docket No.: P-28901

Subpoenas, I requested that Petitioner withdraw the Subpoenas (Exhibit E). Petitioner has failed to withdraw the Subpoenas and has notified me that he will not be withdrawing such subpoenas. 3. As such, Respondent had no option but to make the within motion.

Dated: New York, New York September 7, 2009 DANIEL