You are on page 1of 6

FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________ ELENA SVENSON, Petitioner, -againstNOTICE OF CROSS-MOTION Respondent.

FOR SANCTIONS FOR _____________________________________________________ FRIVOLOUS MOTION MICHAEL KRICHEVSKY, COUNSELORS: PLEASE TAKE NOTICE, that upon the annexed affidavit of Michael Krichevsky, sworn to the day of July, 2010, an upon all the pleadings and proceedings heretofore had DOCKET NO. F-28901-08/10B

herein, the undersigned will move this Court at Part 27, thereof, to be held at the Courthouse located at 330 Jay Street, Brooklyn, New York on the day of , 2010 at 9:00 a.m.

in the forenoon of that day or as soon thereafter as counsel can be heard: For an order by the Court to hold Petitioner and/or her attorney in contempt of court and sanction them for filing frivolous motions, and for such other and further relief as to this Court seems just and proper. TAKE FURTHER NOTICE that, pursuant to Section 2214(b) of the Civil Practice Law and Rules, all answering papers, if any, shall be served at least seven (7) days before the return date of this motion. Dated: Brooklyn, New York July , 2010 ______________________________ Michael Krichevsky, Pro Se 4221 Atlantic Ave Brooklyn, New York 11224 (718) 687-2300 YONATAN LEVORITZ. Attorney for SVENSON 2306 Coney Island Ave, 2nd Fl

Brooklyn, NY 11223 1FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS -----------------------------------------------------------------------X ELENA SVENSON, Petitioner, -againstMICHAEL KRICHEVSKY, Respondent. -----------------------------------------------------------------------X STATE OF NEW YORK) ) SS: COUNTY OF KINGS ) MICHAEL KRICHEVSKY, being duly sworn, deposes and says,

File No: 142040 Docket No.:P-28901-08/10B AFFIDAVIT

I am the Respondent in this action. I have personal knowledge of the facts set forth herein. I respectfully submit this affidavit in support of Notice of Cross-Motion to FOR SANCTIONS FOR FRIVOLOUS MOTIONS.

2. On October 27, 2008 Petitioner quietly filed fraudulent Petition for Order of Protection against Respondent forcing him out of his apartment on 4336 Manhattan Ave in Brooklyn, New York which Petitioner abandoned in summer of 2008 and moved to her apartment at 2620 Ocean Pkwy, Apt 3K, Brooklyn, New York.

During said hearing it became obvious that her complaint is sham. Petitioner withdrew said petition and it was dismissed.


Next, after refusing parties private DNA testing proposed by Respondent, Petitioner filed motion to estop respondent from getting DNA test ordered by the court, and after about 6 month of motion practice withdrew her motion again and undergone said testing.

5. Next, Petitioner filed Objection to Temporary Order of Support and withdrew it again. 6. Next, her attorney Yonatan Levoritz served harassing subpoenas and notices to produce together with notices of depositions upon Sergey Drapkin, Concela Engineering, P.C., Leon Mandel and Leon Construction. It was done in complete disobedience of Magistrates Fasone order authorizing only subpoenas for Banks. Respondent had no choice, but to file motion to quash.

7. In April 22, 2010 Respondent filed Petition to Modify his child support due to the fact that
he lost his job and Petition stated that fact. During scheduled May 13 hearing Petitioner appeared alone adjourned this hearing till August 6 over Respondents Objection. Petitioners reason for such a long adjournment period was the argument that her attorney Mr. Levoritz has celebrity status and is already booked for the summer. In reality this is just another dirty lawyers trick to deny Respondent due process and to milk more money from Respondents unemployment benefits.

8. Under new modified order Respondent would be obligated to pay $297.50 per month in
comparison to over $800 (65%) per month converted by CSU from gross $1620 per month unemployment insurance benefits leaving Respondent with $180 per week which is below poverty level.

9. However, Mr. Levoritz was immediately available after Respondent filed Petition for
Custody and he appeared on June 14, 2010, June 18, 2010, June 30, 2010, and now is scheduled to appear on July 28, 2010 in Part 52 of Family Court. More over, on June 30, 2010 he served Respondent with Summons and Petition for Violation of Court Order and hearing is scheduled on July 13, 2010.


This tight appearance schedule clearly shows that adjournment of my Motion till August was intentional act to harm Respondent.


That petition to hold respondent in contempt for his inability to pay $2045 per month plus arrears ordered is clearly without merit and intends to harass Respondent and cause him financial and emotional pain.


For all this frivolous motions designed to delay proceeding and churn attorneys fees Mr. Levoritz asked the Court that Respondent pays his bill.


28 USC, 1927 of


reimbursement of legal fees for such malicious litigation and frivolous motion practice.

Under 22 NYCRR Part 130-1.1(c), which authorizes awards of costs, including reasonable attorneys fees, resulting from frivolous conduct. Conduct is frivolous under Part 130 if it is completely without merit and is unsupported in law, if it is undertaken primarily to delay the litigation or to harass another, or if it asserts material factual statements that are false.

15. Most of the statements in this litigation are false or misrepresented.


Mr. Levoritz even failed to certify pursuant to 22 NYCRR Part 130 every pleading that he produced. This so called petition is not certified as well (Exhibit A).

17. 18.

Respondent asserts that this omission is actual admission of attorneys misconduct. This malicious prosecution is done in complete disregard to Rules of Professional Conduct prohibiting such practices.

Wherefore, in light of the fact that Mr. Levoritz did not perform his duty as mandated by the

Law and Attorneys Rules of Professional Conduct Respondent respectfully moves the Court to find Petitioner and her attorney in contempt, dismiss this petition as frivolous and order them to pay Respondents attorney fees incurred by this frivolous litigation, and for such other and further relief as to this Court seems just and proper.

X________________________________ MICHAEL KRICHEVSKY Sworn to before me this ___ day of July, 2010

_________________________ NOTARY PUBLIC

FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------DOCKET No. F-28901-08/10B ELENA SVENSON, Petitioner,

-againstMICHAEL KRICHEVSKY, Respondent -----------------------------------------------------------------

___________________________________________________ NOTICE OF CROSS-MOTION, SUPPORTING AFFIDAVIT ___________________________________________________

The documents herein are hereby certified pursuant to 25 NYCRR 130-1.1-A By: ________________________________

AGNOWLEGMENT OF IN-HAND SERVICE: In-Hand Service of the within document is hereby acknowledged on this _____ day of ________ 2010, at _________ am/pm