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Notice of Acceptance of Constitutions and of Oath of Office: Elaine C. Sabino, of L'ABB ATE, BALKAN, COLAVTTA & CONTINI, L.L.P, 1001 Franklin Ave.s Garden City, New York 11530, successor and assigns, d/b/a: Elaine C. Sabino. Esq. Points of Law 1. Every person who finishes a law school swears the oath of attorney: "I do solemnly swear that I will support, protect and defend the Constitution of the United States; that I will do no falsehood, or consent that any be done in court and if I know of any I will give knowledge thereof of the judges of the court, or some one of them, that it may be reformed; I will not wittingly, willingly or knowingly promote, sue. or procure to be sued, any false or unlawful suit, or give aid or consent to the same; I will delay no person for lucre or malice, but will act in the office of attorney according to my best learning and discretion, with all good fidelity as well to the court as to my client, so help me God." 2. In pamphlet titled "Supreme Court of the State of New York Appellate Division: Second Judicial Department", subtitle ''Orientation to the profession" it says about oath of office: "Judiciary Law § 466, entitled "Attorney's oath of office," states in relevant part that: Each person, admitted as prescribed in this chapter must, upon his [or her] admission, take the constitutional oath of office in open court, and subscribe the same in a roll or book, to be kept in the office of the clerk of the appellate division of the supreme court for that purpose. The text of the oath is set forth in § 1 of Article XIII of the New York State Constitution, as follows: 1 do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of New York, and that I will faithfully discharge the duties of the office of [attorney and counselor-at-law], according to the best of my ability. 3. It further states: '"Upon taking the oath, an applicant becomes an officer of the courts of the State of New York. The formal title of the office is "Attorney and Counselor-at-Law.i: An office, in this sense, is a position of duty, trust, and authority, conferred by governmental authority for a public purpose (Black's, at 1115). In Ms or her role as an attorney, the officer is one who is designated to transact business for another

Notice of Acceptance of Constitutions and of Oath of Office Elaine Sabino, Esq

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Notice of Acceptance of Constitutions and of Oath of Office: Elaine C. Sabino, of L'ABBATE BALKAN COLAVTTA & CONTINI, L.L.P, 1001 Franklin Ave.s Garden City, New York 11530, successor and assigns, d/b/a: Elaine C. Sabino. Esq.Points of Law 1. Every person who finishes a law school swears the oath of attorney:"I do solemnly swear that I will support, protect and defend the Constitution of the United States; that I will do no falsehood, or consent that any be done in court and if I know of

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Page 1: Notice of Acceptance of Constitutions and of Oath of Office Elaine Sabino, Esq

Notice of Acceptance of Constitutions and of Oath of Office:

Elaine C. Sabino, of L'ABB ATE, BALKAN, COLAVTTA & CONTINI, L.L.P, 1001 FranklinAve.s Garden City, New York 11530, successor and assigns, d/b/a:

Elaine C. Sabino. Esq.

Points of Law

1. Every person who finishes a law school swears the oath of attorney:

"I do solemnly swear that I will support, protect and defend the Constitution of the UnitedStates; that I will do no falsehood, or consent that any be done in court and if I know of any Iwill give knowledge thereof of the judges of the court, or some one of them, that it may bereformed; I will not wittingly, willingly or knowingly promote, sue. or procure to be sued, anyfalse or unlawful suit, or give aid or consent to the same; I will delay no person for lucre ormalice, but will act in the office of attorney according to my best learning and discretion, with allgood fidelity as well to the court as to my client, so help me God."

2. In pamphlet titled "Supreme Court of the State of New York Appellate Division: SecondJudicial Department", subtitle ''Orientation to the profession" it says about oath of office:

"Judiciary Law § 466, entitled "Attorney's oath of office," states in relevant part that:Each person, admitted as prescribed in this chapter must, upon his [or her] admission, takethe constitutional oath of office in open court, and subscribe the same in a roll or book, tobe kept in the office of the clerk of the appellate division of the supreme court for thatpurpose. The text of the oath is set forth in § 1 of Article XIII of the New York StateConstitution, as follows:

1 do solemnly swear (or affirm) that I will support the constitution of the United States,and the constitution of the State of New York, and that I will faithfully discharge theduties of the office of [attorney and counselor-at-law], according to the best of my ability.

3. It further states:

'"Upon taking the oath, an applicant becomes an officer of the courts of the State ofNew York. The formal title of the office is "Attorney and Counselor-at-Law.i: Anoffice, in this sense, is a position of duty, trust, and authority, conferred bygovernmental authority for a public purpose (Black's, at 1115). In Ms or her role asan attorney, the officer is one who is designated to transact business for another

Page 2: Notice of Acceptance of Constitutions and of Oath of Office Elaine Sabino, Esq

(Black5 s, at 138) and as a conns el or-at-1 aw, his or her role is to give legal advice(Shorter Oxford English Dictionary [5iit ed 2002], at 532)."

4. In Corpus Juris Secundum, 1980, section 4 written:

"Attorneys have: "...an obligation to the courts and to the public, not to the client, andwhenever the duties of his client conflict with those he owes as an officer of the courtin the administration of justice, the former must yield to the latter."

5. 63C Am.Jur.2d; Public Officers and Employees, §247* "As expressed otherwise, thepowers delegated to a public officer are held in trust for the people and are to beexercised on behalf of the government or of all citizens who may need the interventionof the officer.

All contracts commence with an offer and only become binding upon acceptance. See:Farnsworth on Contracts. Copyright 2004 by E. Allan Farnsworth, Third Edition, AspenPublishers, ISBN 0-7355-4605-5 (Vol. 1) 3.3. Fair use transcript attached.

The peoples' contracts being the Constitutions of the United States of America and The State ofNew York and the mandated oath of office of the above named PUBLIC OFFICER, amounts tonothing more than an offer of an intention to act or refrain from acting in a specified waybetween the respective government and the private American people and for other purposes andis binding only to those who choose to be subjected to it, i.e. PUBLIC OFFICERS.

Plaintiff states as a fact on the record, in affidavit form, that he has the authority to challenge anyperson that purports to act for the government, in admittance and a default and further states oncethey default that person5 stipulation constitutes an admission which "cannot be disregarded, theperson has lost their authority in the matter challenged and further actions become fraudulent atwhich point in time, plaintiff has a right to regress as a Constitutional right, which is proved andevidenced below:

''Whatever the form in which the government functions, anyone entering into an arrangementwith the government takes a risk of having to accurately ascertained that he who purports to actfor the government stays within the bounds of his authority. ...even though the agent himselfmay be unaware of the limitations upon his authority^" Federal Crop Insurance v. Merrill,332 U.S. 3SO: 384 (1947) (emphasis added)

Be it known by these presents that I, Michael Krichevsky, Plaintiff, a competent natural man dohereby choose to honor your offer and accept the alleged constitutions of the United States andthe state of New York and the mandated oath of office of the above designated public official.Elaine C. Sabino. Esquire, officer of the court. I accept your open and binding offer and promise

Page 3: Notice of Acceptance of Constitutions and of Oath of Office Elaine Sabino, Esq

to form a firm and binding contract between the respective government and me in my privatecapacity.

By my acceptance I reasonably require thai in all of your actions as a court officer, as may, inany way, pertain to Me, you will faithfully perform all of your promises and stay in honor withinthe limitations of your ascribed constitutions, in your competency you will not create andproceed with any ex parte conversations, unsubstantiated, unwarranted or unstated presumptionsor quasi contracts. You will administer justice, will not create meritless arguments, will seek andact only the true facts and clearly tell the truth at all times, completely and unreserved at all timesand respect and unconditionally protect my secured rights of life, liberty, property and pursuit ofhappiness.

Should this not be true then let the record be corrected or it will stand as truth.

Dated:12.21.11

Brooklyn, New York

Michael Krichevsky, Pro Se, pursuant to 28 U.S.C. § 1746, under penalty of perjury