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This is how judicial slavery begins: Fasone is playing role of a fare judge, but slowly sneaking in "rats' into the record and playing Levoritz' uneven hand. At this point respondent is STILL Unconscious and STILL relies on Fiduciary Duty of Fasone to be more or less Fare.., but starting to smell the rat..., and it is too late
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11 FAMILY COURT OF THE STATE OF NEW YORK COPYCOUNTY OF KINGS
2-----------------------------------------X
3 ELENA SVENSON,
4 Petitioner, DOCKET NO.F-28901-08
5 - against -
6 MICHAEL KRICHEVSKY,
7 Respondent.-------------------------------------X
8
9 330 Jay StreetBrooklyn, New York 11201
10
11 January 6, 2010
12B E F O R E: JOHN FASONE
13 SUPPORT MAGISTRATE
14APPEARANCES: YONATAN S. LEVORITZ, ESQ.
15 Attorney for the Petitioner2306 Coney Island Avenue
16 Brooklyn, New York
17 MICHAEL KRICHEVSKYRespondent Pro Se
18
19 TRANSCRIBER: DOROTHY FLORENTINO
20
21Proceedings recorded by electronic sound recording Transcript
22 produced by transcription service
23
24ANGIE DePOMPO COURT REPORTING SERVICE
25 86 Kensico Street
Staten Island, New York 10306
(718) 667 -9484
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INDEX
WITNESSES DIRECT CROSS
Michael Krichevsky 14(L)
Elena Svenson 19(L) 24(K)
Michael Krichevsky 25(L)
(L) YONATAN S. LEVORITZ, ESQ.
(K) MICHAEL KRICHEVSKY
EXHIBITS
PETITIONER'S DESCRIPTION I.D. IN EV
Exhibit Invoice 20
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Proceedings 4
1 VOICE: Thank you, parties. Have a seat.
THE COURT: And good afternoon. First, my
apologies. I did put this down for 2:00 o'clock here, and
unfortunately, we got caught up in other matters. A lot
more people showed up today than I anticipated, so, we are
calling it kind of late.
But, sir, what happened to your attorney?
MR. KRICHEVSKY: I can't afford one.
THE COURT: So, you're going to be representing
yourself from now on?
MR. KRICHEVSKY: Yes.
THE COURT: All right. Your attorney really
needed to request Court's permission, sir, to be excused.
I don't have any motion from him.
Counsel, is this your first information that
opposing counsel isn't involved anymore?
MR. LEVORITZ: No. I received a Substitution of
Counsel, stating the Mr. Krichevsky is going to be pro se.
I do have a copy of the Substitution of Counsel,
and I assumed that it would be filed with the Court.
THE COURT: You do?
MR. LEVORITZ: Yes. If Your Honor would like me
to hand up my copy.
THE COURT: I mean, there is a lot here. I
didn't notice it, but --
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Proceedings 5
1! MR. LEVORITZ: It's okay, Your Honor, I have a
2 copy right here if Your Honor would like. It's actually
3' notarized by Mr. Singer, who is outgoing counsel, signed
4 by Mr. Krichevsky as appearing pro se as the respondent in
5 this matter.
6 THE COURT: Let me take a look at that quickly.
7 Apparently, it was agreed upon by counsel that
8 Mr. Singer would be withdrawing as the gentleman's
9 attorney.
10 I can keep this for the file, counsel?
11 MR. LEVORITZ: I don't need a copy, Your Honor.
12 It's fine.
13 THE COURT: Yes, okay, then I will include it,
14 just so the record is clear.
15 Let me see where we were. All right. My notes
16 indicate that we were on for continued hearing. I recall
17 that we were --
18 I recall that we were -- well, the Court was
19 hearing testimony. I think the gentleman was testifying,
20 if I'm not mistaken.
21 MR. LEVORITZ: He was, Your Honor. It was a
22 little bit before lunch that we finished up. Then we came
23 back after lunch and we adjourned the matter.
24 THE COURT: Right.
25 MR. LEVORITZ: I was in the process of having
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Proceedings 6
five more minutes of examination of the gentleman, and
that was it. Then we were supposed to, I believe, move on
to medical issues and wrap it up.
THE COURT: What medical issues, counsel?
MR. LEVORITZ: Your Honor wanted to address just
the economics and the finances first, in terms of basic
child support, and then Your Honor said I can address a
few questions regarding some of the medical expenses that
have been incurred since commencement, and the issue of
medical insurance, and Your Honor said you want to deal
with that separately at the end.
THE COURT: Right. For some reason, I can't
locate my hearing notes.
VOICE: What are you looking for?
THE COURT: My hearing notes. Well, you would
know.
VOICE: I don't remember.
THE COURT: You don't remember. All right, but
in any event, -
MR. LEVORITZ: Does Your Honor want me to order
a copy of the transcript?
THE COURT: No.
MR. LEVORITZ: No?
VOICE: (Inaudible) is over here.
THE COURT: Yes, I know. It wouldn't be in
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Proceedings 7
there though. At least it shouldn't be in there. Let me
just take a look at what I have.
All right. Well, Mr. Krichevsky, since you are
representing yourself now, was there something -- you
could have a seat -- was there something additional that
you waned to tell me about your own finances, your own
income?
MR. KRICHEVSKY: I do.
THE COURT: What is that?
MR. KRICHEVSKY: Actually, I have some documents
I would like to admit.
THE COURT: What do you want to admit?
MR. KRICHEVSKY: Well, I found smoking gun.
THE COURT: You found a smoking gun?
MR. KRICHEVSKY: Yes. Mr. Levoritz was --
THE COURT: Regarding your income?
MR. KRICHEVSKY: -- accusing me of being corrupt
-- of Mr. Wittenstein being corrupt.
THE COURT: My question is asked to your income.
I'm still trying to determine both your and Ms. Svenson's
income.
Do you have anything additional that you want to
show me, testify to as to your earnings?
MR. KRICHEVSKY: Yes. I have my W-2 from 2006,
where I made $44,000.00. I didn't have to hide it. I
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Proceedings 8
didn't have to manipulate company.
THE COURT: Well, that's only one W-2, sir. Do
you have a tax return?
MR. KRICHEVSKY: And I have another one for
2009, $5,600.00 (sic).
THE COURT: You already have your 2009 W-2?
MR. KRICHEVSKY: Yes. So, in 2006, I made even
less money than I made in 2009, and I didn't have any
reason to manipulate, to hide, to whatever attorney
accused me of doing.
THE COURT: Well, everybody has a reason, sir.
You could have seat, please.
MR. LEVORITZ: Your Honor, I would like copies
of what was just handed up.
THE COURT: Well, the only thing I'm looking at
-- do you have copies for the gentleman -- for counsel?
2006 and 2009 W-2's, Wittenstein & Associates. 2006
income reported at $44,500.00. 2009 reported at
$56,000.00 even.
MR. KRICHEVSKY: Another thing I would like to
admit.
MR. LEVORITZ: Your Honor, I am going to object
to these on numerous basis, as soon as we get to the
evidentiary matters.
THE COURT: Well, the gentleman is just showing
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Proceedings a
1 me stuff at this point, but
2 MR. LEVORITZ: Showing the Court stuff without
3 it being admitted into evidence, I've got a little bit of
4 an issue with. Let the record reflect that.
5 THE COURT: What is this supposed to show me,
6 sir?
7 MR. KRICHEVSKY: This is from company called
8 Salary.com . Basically, this printout shows that 900 of
9 the managing paralegals in Brooklyn making on average
10 $160,000.00.
11 So, this accusation about --
12 THE COURT: Yes, but this doesn't have anything
13 to do with you, sir, specifically, and this isn't an
14 official government report.
15 MR. KRICHEVSKY: No. You asked me how come I
16 make over the hundred.
17 THE COURT: Sir, can you do me a favor.
18 Everybody -- I want everybody to just have a seat.
19 MR. KRICHEVSKY: Yes. So, I'm not alone with
20 making that much or was making that much.
21 MR. LEVORITZ: I'm going to ask that all
22 statements be stricken with regard to what other people
23 are doing.
24 THE COURT: Well, I can't go back and erase the
25 case, counsel.
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Proceedings 10
MR. LEVORITZ: Your Honor can strike it as part
of his testimony, even though his case was actually closed
and we were on cross-examination, but (inaudible)
procedure.
MR. KRICHEVSKY: And I'm not done.
THE COURT: All right.
MR. KRICHEVSKY: Your Honor, I'm not done.
THE COURT: We're starting to get a little bit
far afield. The only thing I really wanted to do is see
if the gentleman had, something additional that he wanted
to tell me now that he was representing himself. I think
we are getting a little bit far afield of normal Court
procedure.
MR. KRICHEVSKY: And the last one.
THE COURT: The last what?
MR. KRICHEVSKY: One I want to admit, subpoena
for her sister that we served.
THE COURT: Why do I need that? Sir, will you
have a seat, please.
MR. KRICHEVSKY: I just
THE COURT: Just have a seat.
MR. KRICHEVSKY: All right.
THE COURT: Why do I need a subpoena?
MR. KRICHEVSKY: I would like to examine her
sister because I think that the petitioner was lying about
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Proceedings 11
1 income, about borrowing money and so on.
2 THE COURT: Well, --
3 MR. LEVORITZ: The Court may recall, my client's
4 sister lives in Germany. She was here to visit for
5 roughly about a week, and it was the fourteen-year-old
6 child who was served with the subpoena after my client's
7 sister left for the airport and was flying back to
8i Germany.
9 Your Honor also indicated there would not' be any
10 discovery in this matter, closed discovery --
11 THE COURT: Well, certainly not third party
12 discovery, and I don't really see what the sister's
13 testimony has to do with anything. So, hold onto the
14 subpoena.
15 All right, but, Mr. Levoritz, you're objecting
16 to the admission of the 2009 and 2006 W-2's?
17 MR. LEVORITZ: Yes, I am, Your Honor.
18 THE COURT: What would the basis for the
19 objection be?
20 MR. LEVORITZ: The last time we were here, Your
21 Honor, the respondent, number one, did not certify
22 business records, CPLR 4518.
23 Number two, proper foundation, again, 4518 and
24 3121 and 3122 of the CPLR.
25 The next issue, Your Honor, my client admitted
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Proceedings 12
to the fact that he had a lot to do with the business
records at this particular business the last time we were
here. In fact, Your Honor actually questioned him
regarding his involvement with the bookkeeper and how the
books were being managed in this particular firm.
He also admitted back in 2008, he earned in
excess of $300,000.00, and all of the other W-2's and all
of the other full tax returns that we had in our
possession indicate income ranging between $160,000.00 and
$184,000.00.
Taking those issues all together, I do not
believe that these are true and accurate copies which
would have to be demonstrated in order to admit them into
evidence. That's number one.
Number two, it's absolutely amazing how a W-2
has been issued for 2009 in the past couple of days, when
most people don't even get their W-2's till late January,
going into February and March. This document could have
been printed on any computer -- could have been printed on
any computer, let alone his home computer, let alone the
fact that, again, he manages the firm. He appears
regularly in Court.
Up until the last Court appearance, he was
driving a $60,000.00 or $70,000.00 BMW. He was on lawyer
number three. Now, he's fired lawyer number three.
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Proceedings 13
1 THE COURT: That's getting a little far afield
2 as well, counsel, but I do find merit in your objection on
3 the basis that they're not properly served by his business
4 records.
5 And I'm somewhat amazed, sir, that on January
6 6th, you already do have your 2009 W-2.
7 MR. KRICHEVSKY: May I respond to what he just
8 said about --
9 THE COURT: You don't have to because I made my
10 decision.
11 MR. KRICHEVSKY: Can I object to whatever he
12 entered, the document that was from me --
13 THE COURT: Something tells me that everybody is
14 going to objecting to --
15 MR. KRICHEVSKY: -- that I printed on the
16 computer.
17 THE COURT: -- whatever anybody says. So, why
18 don't we just note a standing objection to whatever is
19 said by anybody. We can save time that way.
20 All right. Counsel, you wanted to proceed on
21 the other issues you mentioned?
22 MR. LEVORITZ: Yes. I was supposed to have
23 literally five more questions on finances, Your Honor, if
24 not, I'll --
25 THE COURT: Directed to Mr. Krichevsky?
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M. Krichevsky/Cross 14
MR. LEVORITZ: That's correct.
THE COURT: All right. So, I just want to
remind you that you are still under oath. You are sworn
to tell the truth.
Go ahead, counsel.
CROSS-EXAMINATION BY
MR. LEVORITZ:
Q. Mr. Krichevsky, the house located at 4221 Atlantic
Avenue is on the market to be sold; correct?
A. No.
Q. You are not advertising that property under a company
called Dream Properties; is that correct?
A. No.
THE COURT: I'm sorry, what is the name of that
company?
MR. LEVORITZ: Dream Properties.
THE COURT: Drim?
MR. LEVORITZ: Dream, D-R-E-A-M, Properties.
THE COURT: What is the address of the property,
again?
MR. LEVORITZ: 4221 Atlantic Avenue.
Q. Isn't it true that construction is now basically
complete at the 4221 Atlantic Avenue property?
A. Not true.
MR. LEVORITZ: That's all my questions regarding
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Proceeding 15
1 that particular property, and that would close my case as
2 to basic finances, Your Honor.
3 THE COURT: Okay. All right. So, we kind of
4 had the gentleman's rebuttal testimony, I guess.
5 Sir, your testimony here today, sworn to tell
6 the truth under oath, is that the W-2 that you're showing
7 me that has not been admitted by the way, but you only
8 earned about $56,000.00 last year all together?
9 MR. KRICHEVSKY: I have original. I made
10 copies, but I have original. I need to retain to send it.
11 I have original, but the thing is --
12 THE COURT: Well, it's not the original that
13 matters. It has to be certified by a business record by
14 whoever prepared it.
15 MR. KRICHEVSKY: Whatever they stole from me and
16 that's certified copies. As far as I'm concerned, they
17 could print it on their computer and show it to you, okay.
18 They're not certified either.
19 THE COURT: But, sir, sir, sir, what are you
20 talking about? I just asked you, did you --
21 MR. KRICHEVSKY: They talking about my --
22 THE COURT: -- earn about $56,000.00 last year.
23 MR. KRICHEVSKY: No, no, what I'm saying is,
24 they talking about 2005 W-2.
25 THE COURT: Well, can you forget that for the
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Proceeding 16
time being. Last year, do you have any personal knowledge
as to exactly how much you earned?
MR. KRICHEVSKY: For the last year?
THE COURT: Last year, 2009.
MR. KRICHEVSKY: $56 -- whatever on this
THE COURT: $56,000.00 even?
MR. KRICHEVSKY: And by the way, I asked to
prepare it for me personally. I knew I'm going to appear.
I knew this is going to come up. So, I just begged the
person to do it for me, yes.
THE COURT: Yes, but, sir, that somewhat
suggests --
MR. KRICHEVSKY: What's wrong with it?
THE COURT: That somewhat suggests that you have
influence over how these documents are prepared.
MR. KRICHEVSKY: Influence. We have five people
in company.
THE COURT: What's that?
MR. KRICHEVSKY: There are five people working
in the company.
THE COURT: Yes.
MR. KRICHEVSKY: So, if I ask someone, could you
do it for me, I need it for the January 5th appearance --
THE COURT: And, counsel's point, though, sir,
is that if you told them, can you show only $56,000.00 in
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Proceeding 17
1 income, would you do it for me, that they would do that as
2 well. That's what he's suggesting.
3 MR. KRICHEVSKY: I know. I know it's a
4 slanderous accusation. That's why -- that's why I --
S THE COURT: Possibly, but there is no --
6 MR. KRICHEVSKY: That's why I brought for you --
7 THE COURT: That's not what this is about. The
8 bottom line, though, sir, is that it's not properly
9 certified as a business record. There are ways -- and you
10 work for the law firm, there are ways these things are
11 done.
12 MR. KRICHEVSKY: I didn't have chance, and you -
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14 THE COURT: Well, you can't do it anyway.
15 MR. KRICHEVSKY: Look, you said, it's going to
16' be 5th. I didn't want to make any adjournments. You said
17 we're tired from adjournments, trial is going on. I did
18 my best.
19 THE COURT: All right, but anything else, sir,
20 that you want to tell me about your income, let's put it
21 that way?
22 MR. KRICHEVSKY: I'm done.
23 THE COURT: You're done.
24 MR. KRICHEVSKY: I just wanted to emphasize, in
25 2006, I didn't have to hide anything. I didn't have to
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Proceeding 18
ask influence anybody to make it $44,000.00. That's my
point. I was not hiding from anybody. There was no
THE COURT: Well, I've heard you say that.
MR. KRICHEVSKY: What?
THE COURT: I've heard you say that, but
anything else you want to tell me at all?
MR. KRICHEVSKY: That's it.
THE COURT: That's it, okay.
MR. LEVORITZ: Your Honor, --
THE COURT: Yes, sir.
MR. LEVORITZ: -- his Affidavit of Net Worth has
in excess of $200,000.00 in annual expenses. If he claims
he made $56,000.00, he spent roughly four times that
amount, not including what he spent on constructing the
two-family house --
THE COURT: Well, that's an argument that's more
appropriately made, counsel, during closing --
MR. KRICHEVSKY: How do you know how much I
spent?
THE COURT: Sir, will you stop that.
Counsel, how do you want to proceed on the other
issues?
MR. LEVORITZ: A few basic questions to my
client, Your Honor, regarding some of the medical expenses
that have been incurred regarding to the child's dental.
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E. Svenson/Direct
THE COURT: Since the filing date of the
petition?
MR. LEVORITZ: The filing date of the petition,
yes.
THE COURT: All right. Ma'am, I would remind
you that you swore to tell the truth under oath as well.
MS. SVENSON: Yes.
THE COURT: Go ahead, counsel.
DIRECT EXAMINATION BY
MR. LEVORITZ:
Q. Ms. Svenson, who covered your child, David Svenson,
under their health insurance policy until March -- until April
of 2009?
A. April, 2009?
Q. Yes. Until April, 2009, who covered your child for
health insurance?
A. Nobody.
THE COURT: There was no health insurance?
THE WITNESS: No. Until February, 2009, it was
Q. Who covered your child until February, 2009?
A. Mr. Krichevsky.
Q. What plan was that?
A. Health -- Oxford Health Insurance.
Q. He provided that health insurance -- withdrawn.
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E. Svenson/Direct 20
What type of policy was it?
A. Everything except dental.
Q. Everything except dental. Did it cover eyeglasses?
A. Yes.
Q. Since -- on or about June 30th, 2009, did you take
your child to an endodontist?
A. Yes.
Q. Which endodontist did you take him to?
A. He needs root canal, and it was very difficult roots
who had four roots.
Q. Do you recall the exact date you took him for the
root canal?
A. Yes.
Q. What date was that?
A. It was -- it was in July, somewhere in the middle of
July.
MR. LEVORITZ: Your Honor, can we mark it for
identification, the actual invoice?
THE COURT: I'll mark it as Petitioner's exhibit
until I locate my notes. I'm not going to give it a
designation.
(Whereupon, an invoice was marked as
Petitioner's Exhibit for identification, as of this date.)
THE COURT: Do you want to show this to your
client, counsel?
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E. Svenson/Direct 21
1 MR. LEVORITZ: Yes, please, Your Honor.
2 THE COURT: This was marked for identification
3 only. Show it to the witness.
4 You said an endodontist?
5 MR. LEVORITZ: An endodontist, yes.
6 MR. KRICHEVSKY: Is this certified?
7 MR. LEVORITZ: We'll get to that.
8 THE COURT: It hasn't been offered yet.
9 Q. Ms. Svenson, how much money did -- withdrawn.
10 THE COURT: Ma'am, actually, you can't -- well,
11 you could read -- let me just caution you. You can't read
12 from the document. It's not in evidence. When counsel
13 asks you a question, you can refer to it if you need to
14 refresh your recollection, but I don't want you reading
15 from the document, okay.
16 Q. Is this a true and accurate copy of the receipt that
17 you received from the endodontist?
18 A. Yes.
19 THE COURT: He's asking is that what you
20 received.
21 A. Yes.
22 Q. Ms. Svenson, if you can recall, how much money did
23 you spend on the endodontist for David's root canal?
24 A. About $3,500.00.
25 Q. Are you sure about that?
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E. Svenson/Direct 22
1 A. Yes.
Q. How did you pay him?
A. Cash.
Q. Why did you pay him in cash?
A. I don't have credit cards. I don't have bank
account.
Q. Where did you get the money from?
A. From my sister.
Q. Did you take David for any other medical treatments
since this process has started?
A. Yes. I took him to -- he needs to go to pediatric,
twice, but I didn't pay yet.
THE COURT: The pediatric?
THE WITNESS: Yes, the pediatric. He's still in
pediatrician.
Q. How much would the bill for that be?
A. $140.00.
THE COURT: Well, you're speculating, ma'am? He
didn't see the doctor.
THE WITNESS: Yes, he was by doctor, but I
didn't pay --
THE COURT: He saw the doctor?
THE WITNESS: Yes.
MR. LEVORITZ: She hasn't paid the bill yet.
THE WITNESS: I didn't pay yet.
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E. Svenson/Direct 23
1 THE COURT: All right --
2 THE WITNESS: Bill, I didn't pay.
3 THE COURT: So, he saw the doctor twice, --
4 THE WITNESS: Yes.
5 THE COURT: -- and you were billed twice, but
6 you can't afford to pay it.
7 THE WITNESS: No.
8 THE COURT: And you owe $140.00?
9 THE WITNESS: Yes.
10 THE COURT: Okay.
11 Q. If David would have had his health insurance, how
12 much would it have cost you to take him to the pediatrician?
13 A. Just for checkup, $100.00.
14 THE COURT: Your co-pay would have been $100.00?
15 THE WITNESS: Without the health insurance,
16 $100.00 --
17 THE COURT: With the insurance.
18 Q. With the insurance.
19 A. With insurance, $25.00.
20 THE COURT: $25.00 per visit?
21 THE WITNESS: Um-hm.
22 Q. How much would a prescription cost when you had the
23 health insurance?
24 A. It depend. It can be $30.00, $40.00.
25 Q. Per prescription?
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E. Svenson/Cross 24
A. Yes.
Q. With the insurance?
A. With insurance.
MR. LEVORITZ: I have no further questions
regarding this matter.
THE COURT: Okay.
MR. LEVORITZ: I do have one or two questions
regarding the health insurance issue from the respondent
after cross-examination.
THE COURT: You want to examine the gentleman?
MR. LEVORITZ: Yes, Your Honor.
THE COURT: Okay. Well, sir, the testimony was
very brief. Do you have any questions for Ms. Svenson
based on what she testified to on direct examination?
MR. KRICHEVSKY: I do.
THE COURT: Feel free.
CROSS-EXAMINATION BY
MR. KRICHEVSKY:
Q. Ms. Svenson, when you had --
THE COURT: I just want to caution you, sir, you
have to limit your questions to what she just testified
to, nothing else, okay.
MR. KRICHEVSKY: Okay, then I'm fine with that.
THE COURT: You have no questions?
MR. KRICHEVSKY: Regarding we're talking about
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M. Krichevsky/Direct 25
this bill?
THE COURT: About the bill, yes.
MR. KRICHEVSKY: Yes. No questions.
THE COURT: Okay. All right, counsel.
DIRECT EXAMINATION BY
MR. LEVORITZ:
Q. Mr. Krichevsky, isn't it true that you covered David
under an Oxford Health Insurance plan until roughly March of --
actually, February of 2009?
A. Not true.
Q. When did you cover him until?
A. I didn't cover. It's a company, as a benefit,
provided for me coverage. So, I personally did not cover.
Q. So, you, through your company, covered David on his
health insurance --
A. Not my company. It's not my company.
THE COURT: Sir, --
A. It's a benefit of the company.
THE COURT: -- you had health insurance coverage
MR. KRICHEVSKY: I had --
THE COURT: -- through February?
MR. KRICHEVSKY: What?
THE COURT: You had health insurance coverage
through February?
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M. Krichevsky/Direct 26
MR. KRICHEVSKY: I'm not sure. Okay, we were
talking about it. Let me tell you the story.
THE COURT: I don't want stories.
MR. KRICHEVSKY: I don't know when --
THE COURT: You had health insurance coverage at
one time.
MR. KRICHEVSKY: There was -- there was health
insurance coverage at one time.
THE COURT: And you had David covered on your
insurance.
MR. KRICHEVSKY: And her.
THE COURT: Both.
MR. KRICHEVSKY: I had family plan.
THE COURT: But you're not married. So, I don't
know how that worked out, but --
MR. KRICHEVSKY: But that's how it was.
THE COURT: But your son was covered?
MR. KRICHEVSKY: Yes.
THE COURT: And at some point, your insurance
lapsed?
MR. KRICHEVSKY: No.
THE COURT: What happened?
MR. KRICHEVSKY: At some point, Ms. Svenson came
to my boss and started thrashing me, and told him that we
are not married, and this whole thing came up, and Mr.
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Proceeding 27
1 Wittenstein called me up, and basically, I didn't want to
2 -- he assumed that we married. When I got this insurance
3
4 THE COURT: But, sir, that would only regard her
5 coverage.
6 MR. KRICHEVSKY: No, no, I'm explaining you what
7 happened.
8 THE COURT: Just tell me about your son. What
9 happened to his coverage?
10 MR. KRICHEVSKY: I'm telling you. He said,
11 since you're single, okay, and I need to cut expenses, I'm
12 just going to provide only for yourself. That's what he
13 did.
14 THE COURT: All right, counsel, go ahead.
15 Q. But you still have health insurance through that same
16 policy; correct?
17 A. I do. I have, but I have single coverage.
18 Q. And David was cancelled during the course of this
19 proceeding; correct, back in February; right?
20 A. I don't remember exactly, but somewhere -- somewhere
21 about this time.
22 MR. LEVORITZ: No further questions, Your Honor.
23 THE COURT: Anything else you want to tell me
24 about the health insurance coverage, sir?
25 MR. KRICHEVSKY: Me?
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Proceeding 28
THE COURT: Um-hm.
MR. KRICHEVSKY: Basically, the fact that when
this whole thing started, I didn't tell anything Mr.
Wittenstein because I didn't want to be embarrassed, and
they were covered.
She started this procedure in September, okay,
and then when she came, this whole thing unraveled, and I
have nothing to do with it.
THE COURT: Well, I mean, number one, I don't
know if your employer has the legal capacity to withdraw
coverage --
MR. KRICHEVSKY: I don't know either.
THE COURT: -- once it's in place.
MR. KRICHEVSKY: I don't know either.
THE COURT: I mean, I don't know why he put the
child on to begin with if you hadn't been identified or
named the child's father legally. That didn't happen
until the Order of Affiliation was entered here relatively
recently.
MR. KRICHEVSKY: Can I just clarify myself?
VOICE: His name was on the birth certificate, I
believe.
MR. LEVORITZ: In addition, he was claiming both
of them as dependents, Your Honor. If you look through
the past tax returns, my client and the child were
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Proceeding 29
1 declared as dependents every single year they lived
2 together.
3 THE COURT: Well, that he can possibly do, I
4 don't know, but the bottom line --
5 MR. KRICHEVSKY: Your Honor, --
6 MR. LEVORITZ: (Inaudible) as the partner.
7 MR. KRICHEVSKY: Your Honor, can I clarify,
8 maybe I was not clear.
9 When this insurance was obtained, my boss
10 assumed that we are married. He never asked for any --
11 THE COURT: Why would your boss assume you were
12 married, sir, unless you told him you were?
13 MR. KRICHEVSKY: Because we acted -- we acted
14 like that.
15 THE COURT: And maybe you told him you were
16 married to get Ms. Svenson and your son on the health
17 insurance; no?
18 MR. KRICHEVSKY: You know, actually, I don't
19 remember when it happened and what I told him really. It
20 was like many years ago.
21 THE COURT: All right, but in any event, --
22 MR. LEVORITZ: Your Honor, --
23 THE COURT: -- think I've heard enough about the
24 health insurance.
25 THE COURT: What, counsel?
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Proceeding 30
MR. LEVORITZ: He covered David for roughly ten
years. Since the time David was an infant, he covered him
on this particular health insurance policy. This is not a
new thing. It only happened six months into this
proceeding. All of a sudden, six months into the
proceeding -- in fact, just a week after he retained his
third attorney, that's when it was cancelled. Not by the
first attorney, not by the second attorney, third
attorney, middle of the motion practice, then the
insurance was cancelled.
THE COURT: Well, I take it, counsel, you want
me to order the gentleman to reinstate the coverage for
David.
MR. LEVORITZ: Yes, Your Honor.
THE COURT: All right. Anything else that you
want to present on your client's direct case, counsel?
MR. LEVORITZ: No, Your Honor.
THE COURT: Sir, you already tried to introduce
documents, you said that was it. Anything else you want
to tell me about what you should be paying in child
support here?
MR. KRICHEVSKY: Yes. First of all, --
THE COURT: Really quick.
MR. KRICHEVSKY: -- because it was not
cancelled. It was not renewed. Health insurance coverage
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Proceeding 31
1 was not renewed.
2 THE COURT: Let's put it this way, sir, --
3 MR. KRICHEVSKY: Not all of a sudden.
4 THE COURT: -- I do have the ability to order
5 you to provide coverage if it's available through your
6 job, but go ahead.
7 MR. KRICHEVSKY: I just clarified. It's not
8 cancelled, it was not renewed.
9 THE COURT: Regardless, sir, the child needs
10 coverage. If you have it available, in all likelihood,
11 you will be ordered to provide it, and your employer can't
12 ignore that, but go ahead.
13 MR. KRICHEVSKY: I guess I'm don't with this
14 coverage. All I can add is that if child needs coverage,
15 why wouldn't she at least get temporary Child Plus. I was
16 trying to get it. Honestly, I was trying to get it. I
17 went --
18 THE COURT: But, honestly, if you have insurance
19 through a job, why should she get Child Health Plus?
20 MR. KRICHEVSKY: With this question, you should
21 talk to my boss.
22 THE COURT: No, I'm talking to you since you
23 raised it? Why should the taxpayers have to provide
24 health insurance when it's being provided to you by your
25 employer?
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Proceeding 32
MR. KRICHEVSKY: I am paying taxes, by the way.
THE COURT: Everybody in this room is paying
taxes, sir, but what's your point.
MR. KRICHEVSKY: So, why should I be doubled
taxes, if that's the case?
THE COURT: Because you have coverage through a
job.
MR. KRICHEVSKY: Look, I'm arrogant about this.
I don't know. I'm ignorant. I don't know what to say.
I'm not -- I'm not --
THE COURT: I am telling you, sir, that in all
likelihood, I will order to reinstate coverage, and your
employer has to comply.
All right. Anything you want to add on closing,
Mr. Levoritz?
MR. LEVORITZ: No. I'll rest on the documents
that were admitted previously.
The gentleman made an average of $200,000.00 a
year. We admitted into evidence titles and deeds and
mortgages regarding a two-family house. He testified to
his BMW. He testified to his statement -- his Financial
Disclosure Affidavit. On average, roughly $200,000.00 per
year in income, not including the fact that we did not,
unfortunately, have discovery on what he was spending on
his contractors, the fact that he had a working crew of
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Proceeding 33
1 five to ten people working on a building, has a sign
2 outside the property saying, Dream Properties, on it, with
3 his cell phone, which we all went through the last time,
4 Your Honor.
5 All these things have been addressed during the
6 course of the proceeding, and we addressed them.
7 Thank you, Your Honor.
8 THE COURT: Thank you, counsel.
9 All right, then what I'm going to do is reserve
10 decision. I do have to locate my notes. I want to go
11 through what is in the file. There is a lot of
12 documentation here.
13 The Temporary Order of Support will continue,
14 pending my decision, but it won't be that long. I'm going
15 to render a decision relatively soon.
16 MR. KRICHEVSKY: I'd like to --
17 THE COURT: Are you paying the $627.00 per
18 month, sir, that I ordered back in August?
19 MR. KRICHEVSKY: Yes.
20 THE COURT: You are? Your client is receiving
21 that?
22 MR. LEVORITZ: Yes.
23 THE COURT: Okay, then we're good.
24 All right, then everybody leave an envelope,
25 name and home address.
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Proceeding 34
1 Counsel, if you want --
MR. KRICHEVSKY: I need to say something.
THE COURT: -- a separate copy --
MR. KRICHEVSKY: I need --
THE COURT: What?
MR. KRICHEVSKY: -- to address another issue.
THE COURT: What is that? Really quickly, sir.
MR. KRICHEVSKY: Petitioner is saying she needs
more child support, child needs coverage. Here is the
newspaper, Russian newspaper. She used to work as a home
attendant. Here, they're begging people to come to work.
They're going to pay for overtime. They're going to pay
for her training if she wants to go to college. She
claims that she goes to college, that's why she doesn't
work. She's going to be member of 1199. She's going to
get very nice health insurance. They're going to do
everything.
THE COURT: Yes, but, sir, it sounds to me like
you're telling me that she should do more and you should
do less.
MR. KRICHEVSKY: No, no. She doesn't do
anything, okay.
THE COURT: Well, that's not true. She has the
child in the home.
MR. KRICHEVSKY: But she doesn't work.
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Proceeding 35
1 THE COURT: And you do not think raising a child
2 is work?
3 MR. KRICHEVSKY: I don't think so, not in this
4 years, not in this age.
5 THE COURT: You don't think teenagers are a lot
6 of work?
7 MR. KRICHEVSKY: I don't think I should be like
8 slave of working for somebody. You know, this is
9 communist mentally that she's entitled to everything I
10 have.
11 THE COURT: Sir, I don't know about what
12 mentality anybody has, but every parent, both parents are
13 required to work up to their ability to support their
14 child. If you want to look --
15 MR. KRICHEVSKY: I think she is able. She's not
16 willing. She's --
17 THE COURT: Sir, sir. If you want to look at
18 that as being slave to your teenage son, then, fine, look
19 at it that way, but I don't take that view.
20 MR. KRICHEVSKY: I don't look that way.
21 THE COURT: All right. I'm closing the record.
22 Everybody will receive a copy of my order and findings,
23 and that's it.
24 Thank you.
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I, Dorothy Florentino, certify that the foregoing
transcript of proceedings in the Family Court, Kings County, of
Elena Svenson v. Michael Krichevsky, Index No. F-28901-08, was
prepared using the required transcription equipment and is a
true and accurate record of the proceedings.
Dorothy lorentino
Agency Name: ANGIE DePOMPO COURTREPORTING SERVICE86 Kensico StreetStaten Island, New York 10306
Date: September 21, 2010
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