TRANSCRIPT OF MARCH 16, 2011 JURISDICTIONAL CHALENGE

8/6/2019 TRANSCRIPT OF MARCH 16, 2011 JURISDICTIONAL CHALENGE

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86 Kensico streetStaten Island, New York 10306

(718) 667-9484

FAMILY COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS

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3 ELENA SVENSON,4 Petitioner,5 - against -6 MICHAEL KRICHEVSKY,7 ReSpondent.

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9 330 Jay StreetBrooklyn, New York 11201

DOCKET NO.F-28901-08/10A&B

Proceedings recorded by electronic sound recording Transcript21 produced by transcription service

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ANGIE DePOMPO COURT REPORTING SERVICE

March 11, 2011

B E FOR E JOHN FASONESUPPORT MAGISTRATE

APPEARANCES: ELENA SVENSONPetitioner Pro SeMICHAEL KRICHEVSKYRespondent Pro Se

TRANSCRIBER: DOROTHY FLORENTINO


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I N D E XWITNESSES DIRECT CROSS

[No witnesses examined.]

E X H I BIT S

PETITIONER'S DESCRIPTION I.D. IN EV[No exhibits marked/admitted.]

Angie DePompo Court Reporting Service(718) 667-9484


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VOICE: This is number 12 and 13 on the2 calendar, in the matter of Krichevsky.3 Parties, raise your right hand. Raise your4 right hand, sir.

MR. KRICHEVSKY: I'm not going to swear. I'm6 here by special visitation.7 VOICE: Well, then step out of the courtroom.8 Step out of the courtroom.9 MR. KRICHEVSKY: Are you on the record?10 VOICE:. Yes.11 THE COURT: We're on. the record, sir, but if12 you're not going to swear or affirm to tell the truth,13 MR. KRICHEVSKY: I don't have to.14 THE COURT: -- I have no reason --15 MR. KRICHEVSKY: I reserve my rights. I'm a16 belligerent claimant.17 THE COURT: Sir, why do we have to go through18 this --19 MR. KRICHEVSKY: Because you violated my -- my20 constitutional rights. You're persecuting me.21 THE COURT: Sir, are you going to tell me the22 truthtoday, yes or no?23 MR. KRICHEVSKY: No, I'm not going to.24 THE COURT: All right, then your petition is25 dismissed.



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VOICE: Step out of the courtroom.2 MR. KRICHEVSKY: Then everything dismissed.3 Your order is void.4 THE COURT: Fine.5 VOICE: Okay.6 THE COURT: All right, everybody step out. I7 got to see what's on today. There's too much going on.8 MR. KRICHEVSKY: This is-- this is, by the way9 I filed

10 THE COURT: Sir, you're coming back in.11 VOICE: Sir, step out of the courtroom. I don'12 want your paper.13 THE COURT: We're recalling the case, --14 VOICE: Take your paper.15 THE COURT: -- as soon as you decide to tell me16 the truth, okay?17 VOICE: Take your paper. Step out of the18 courtroom.19 THE COURT: Because there's other stuff going o

20 today.21 MR. KRICHEVSKY: You've been served with22 violation of my rights.23 VOICE: (Inaudible) Get out of the courtroom.24 All the time.25 THE COURT: NO, no, no, no. NO, I misspoke.

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ProceedingsVOICE: No. She has a petition.THE COURT: Yes, I know. We're recalling the

case. Everybody waits outside.(Whereupon, a break was taken for recall.)VOICE: Recall of numberVOICE: 12 and 13.VOICE: 12 and 13 on the calendar.Both parties are reminded that you are under

oath. Your appearances remain the same. You can beseated.

MR. KRICHEVSKY: I'm not under oath.THE COURT: StopVOICE: Was he sworn in?THE COURT: No, no, no. The lady --MR. KRICHEVSKY: I challenge jurisdiction.THE COURT: Sir, stop it, one second.VOICE: Sir, please.THE COURT: You can tell me everything in a

minute, but can you let me just do this. The lady needs

to be sworn In.VOICE: Ma'am, raise your right hand.E LEN A S V ENS 0 N, was duly sworn and

testified as follows:VOICE: Thank you. You can lower your hand.

please state your name.



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THE COURT: The gentleman, as noted on the

ProceedingsMS. SVENSON: Elena Svenson.VOICE: And you take social?THE COURT: Name, address, social.VOICE: Your social security number.MS. SVENSON:VOICE: And your full address if it's not

c nfidential.MS. SVENSON: 2620 Ocean Parkway, 3K, 11235 --

B ooklyn, New York 11235.VOICE: You can be seated. You stand

naudible)THE COURT: The gentleman is refusing to take

t e oath.VOICE: Oh. Well, have a seat.MR. KRICHEVSKY: I cannot sit.VOICE: Sir, have a seat or step out of this

c urtroom.MR. KRICHEVSKY: I cannot sit.VOICE: All right.

THE COURT: It's a medical issue, sir?MR. KRICHEVSKY: It's a medical issue, yes.

r earlier, refused to either swear or affirm to tell

I understand, sir, you have two observers that



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Proceedingsy u want to have admitted into the courtroom?

MR. KRICHEVSKY: Yes, I do.THE COURT: Who are these people, please?MR. KRICHEVSKY: My friends.VOICE: Names, sir.THE COURT: Names would help, yes.MR. KRICHEVSKY: Do I have to tell the name?THE COURT: Yes, you do.VOICE: If you (inaudible) the names, yes.MR. KRICHEVSKY: I'd like them to be here, and

t en you take their names.VOICE: No. He's asking you their names.THE COURT: Well,

N llie Freid, Igor Tolkachev (phonetic).THE COURT: Nellie ......, and who, Ilia?MR. KRICHEVSKY: Igor - - - -----THE COURT: Igor.MR. KRICHEVSKY: Yes.THE COURT: And I understand theY're not going

t be called as witnesses.MR. KRICHEVSKY: Not at that time.THE COURT: Well, if they're calledMR. KRICHEVSKY: Not in this case.THE COURT: Not in this case.



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ProceedingsMR. KRICHEVSKY: Not in this case.THE COURT: Because the rule, sir, is that if

theylre witnesses, theylre not allowed to hear any of thetestimony before they actually take the stand. If theycome into the courtroom, and thatls why I need theirnames, they will not be allowed to testify in this matter

MR. KRICHEVSKY: Theylre not witnesses in thiscase.

THE COURT: You donlt ever intent to call themas witnesses on either petition?

MR. KRICHEVSKY: Not on that petition.On either petition. Therels yourHE COURT:

petition thatls pending, and therels Ms. Svensonlspetition thatls pending.

You donlt intent to call them as witnesses oneither petition?

MR. KRICHEVSKY: No.THE COURT: All right.VOICE: You can go get them.THE COURT: The observers can come into the

courtroom.VOICE: You can go get your friends.THE COURT: And weIll stay on the record, sir,

while youlre out of the room.The record will reflect that Mr. Krichevsky has



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Proceedingsexited the courtroom, and is gathering his observers.

2 All right, Mr. Krichevsky has reentered the3 courtroom.4 Your friends are coming in, Mr. Krichevsky?5 MR. KRICHEVSKY: Yes.6 VOICE: Do you want their names stated on the7 record?8 THE COURT: No. The observers have -- just9 being, and who are now in the courtroom.

10 You have to stay in the back on the bench.11 You're not allowed to speak, help, participate in any way12 Did you hear that?13 The gentleman said yes. Ma'am?14 VOICE: Excuse me?15 THE COURT: You're not allowed to participate.16 VOICE: Yes, we know.17 THE COURT: You're just watching. You18 understand that. Okay.19 All right, Mr. Krichevsky, you can stand since20 you're telling me there is a medical issue.21 All right, but, Mr. Krichevsky, you're not22 taking the oath, you're not participating on either23 petition today? You're just going to stand mute?24 MR. KRICHEVSKY: I am here by special25 visitation.



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THE COURT: What does that mean?2 MR. KRICHEVSKY: That means, I do not consent t3 your jurisdiction.4 THE COURT: Then why are you here?5 MR. KRICHEVSKY: Under threat of being arrested6 and thrown in jail. I am coerced.7 THE COURT: Well, that's her petition, but you8 got --9 MR. KRICHEVSKY: I am under duress.

10 THE COURT: -- a petition too.11 MR. KRICHEVSKY: Excuse me?12 THE COURT: You have a petition too. You want13 me to do something, but you don't recognize --14 MR. KRICHEVSKY: You know something,15 THE COURT: -- my jurisdiction.16 MR. KRICHEVSKY: -- I don't believe that you17 will do the right thing. That's the problem.18 THE COURT: That's what the appeals process is19 all about.20 MR. KRICHEVSKY: No. The appeals process is not21 for that, okay.22 THE COURT: What's the appeal process?23 MR. KRICHEVSKY: Now, -- now, when I was arguing24 recusal motion --25 THE COURT: That was denied.



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ProceedingsMR. KRICHEVSKY: I know. I know it was denied.THE COURT: You can appeal that.MR. KRICHEVSKY: That's not the point.THE COURT: What's the point?MR. KRICHEVSKY: The point is that at that time

you refused to change -- I said the order is void becauseit's based on fraud. You told me that you have no rightto change it.

Now, CPLR, I forgot -- I didn't take mybriefcase with me because I cannot carry weights, okay.Technically, I'm here to adjourn, but the bottom line isthis. There is a -- there is a CPLR 5000 something thatsays that trial or other Court can change wrongs, defectsof the void order.

THE COURT: Yes, but you got to prove a reason.MR. KRICHEVSKY: Yes, but you -- you refused to

hear petition, okay, my motion. You refused, and Iremember from the day one you told me that you don't domotions,

THE COURT: I didn't say that.MR. KRICHEVSKY: -- you just do hearings.THE COURT: I didn't say that.MR. KRICHEVSKY: No, that's what you said on th

record.THE COURT: No. I said I was cutting off motion



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ProceedingsVOICE: Because my attorney ordered it.MR. KRICHEVSKY: I am serving it on you. I hav2

3 to.4 THE COURT: You can't.5 MR. KRICHEVSKY: I have to.6 THE COURT: I'm immune, sir, from service of7 process while I sit in this chair.8 MR. KRICHEVSKY: This one doesn't say. The9 bottom line is --

10 THE COURT: Sir, if you got -- if you got issue11 with what I'm doing, then do what you got to do legally,12 but this is ridiculous.13 But I'm asking you, do you want to participate14 today, --15 MR. KRICHEVSKY: This is what16 THE COURT: -- yes or no?17 MR. KRICHEVSKY: This is what I'm -- this 1S18 what I'm instructed to do, and I did --19 THE COURT: I don't know who is advising you,20 but are you participating today, yes or no?21 MR. KRICHEVSKY: No.22 THE COURT: No.23 MR. KRICHEVSKY: I am --24 VOICE: Ma'am, turn that cell phone off.25 MR. KRICHEVSKY: Like I said, I have medical


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THE COURT: Wait a second wait. I got to2 wait till the cell phone is turned off because that could3 interfere with the recordings. I know it's a very4 important issue for you.5 Is everybody's cell phone turned off in the6 courtroom? Yes, everybody? Okay.7 Go ahead, sir. But the thing is that if you're8 not going to swear the oath, if you're not going to9 MR. KRICHEVSKY: So, let me -- let me --

10 THE COURT: -- take the oath, if you're not11 going to participate, then you got to be silent, and I'll12 do what I have to do without your participation, but I13 have to advise you, sir, that things might go against you14 MR. KRICHEVSKY: You cannot do that because you15 have no jurisdiction, and until it's --16 THE COURT: So, get a Judge to say I have no17 jurisdiction. Sir, there are ways of doing this that are18 there's a whole process.19 Look, I made a decision. You filed written20 objections, which is your right pursuant to the Family21 Court Act. Judge Hepner, I believe, denied the22 objections. I made a decision. You're appealing that.23 MR. KRICHEVSKY: Do you know why she denied the24 objections because someone25 THE COURT: Sir, I'm not here to argue for Judge

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Hepner. All I'm saying is that there is a process. I2 make a decision. You appeal. The Judge denied. You're3 appealing Judge Hepner's denial. That issue is still4 before the Appellate Division as far as I know. I haven'5 gotten anything back from them.6 MR. KRICHEVSKY: I don't have $315 --7 THE COURT: I don't know if they're prosecuting8 the appeal. I don't know if they're deciding it yet. I9 don't know what's going on.

10 MR. KRICHEVSKY: The thing is, I don't have11 $315.00 to prosecute appeal, for one, and for12 THE COURT: So, you're dropping it.

MR. KRICHEVSKY: No, I'm not dropping it. I314 hope I save money, but the point is, now I found the law15 that you said does not exist, and now the law says that16 Trial Court must address void judgment or void order. Yo17 told me you have no power.18 THE COURT: I didn't say that, sir. I don't19 know what you're quoting.20 MR. KRICHEVSKY: It's on the record. 1'11--21 I'll pull the record.22 THE COURT: Look, sir, if you file the proper

papers and you prove a case or a reason, I'll do I'll324 do whatever the law requires, but I don't have that25 motion, --



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MR. KRICHEVSKY: Remember, I brought --2 THE COURT: -- I don't have that application!3 MR. KRICHEVSKY: Remember, I brought Order to4 Show Cause --5 THE COURT: -- and you haven't proved anything.6 MR. KRICHEVSKY: -- I brought Order to Show7 Cause --8 THE COURT: Sir! quite honestly! --9 MR. KRICHEVSKY: -- for temporary restraining

10 notice.11 THE COURT: -- your Order to Show Cause was12 gibberish. It made no sense. A lot of the issues were13 what properly are before the Appellate Division on appeal.14 I don't review my own work. That's for higher Judges to15 decide!16 MR. KRICHEVSKY: Well! let me ask you something.17 THE COURT: -- the Chapter in the Appellate18 Division.19 MR. KRICHEVSKY: If you go to some commercial20 place, say a restaurant, okay! they didn't give you change21 or they miscalculated, did they tell you! go talk to my22 boss! or they apologize for miscalculating? You23 miscalculated. You didn't do even calculus right! okay!24 and you refused to recalculate your order! and you're25 telling me that you have no right to do it?



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ProceedingsTHE COURT: I have no reason to.By the way, before we go further with this

colloquy, ma'am, where is your attorney?MS. SVENSON: He -- I don't have attorney

because Mr. Petitioner is suing him for malpractice and mfor $1 million.

THE COURT: So, Mr. --MS. SVENSON: Levoritz, but I have something to

say too.THE COURT: Well, Mr. Levoritz is not

representing you any longer?MS. SVENSON: No, not anymore.THE COURT: Well, he is supposed to file papers

to ask to be relieved. He can't just not show up.But you're okay with that? You're going to

represent yourself in this --MS. SVENSON: Yes, I have to.THE COURT: Why?MS. SVENSON: I have to.THE COURT: Or do you want to hire a new

attorney?MS. SVENSON: I don't want to wait so long

because petitioner -- respondent does not pay money.Sometimes he pays $200.00, sometimes he doesn't at all.

Look, he has a car --



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ProceedingsTHE COURT: Well, that goes to the merits of th

2 violation, --3 MS. SVENSON: Your Honor, he --4 THE COURT: -- but you want to represent5 yourself6 MS. SVENSON: Yes, yes.7 THE COURT: -- on both Mr. Krichevskyls petition89 MS. SVENSON: I have something here.

10 THE COURT: -- and your petition?11 MS. SVENSON: Your Honor, he had to buy a car.12 He bought the car.13 THE COURT: Malam, donlt tell me about14 MS. SVENSON: Itls very expensive --15 THE COURT: -- donlt tell me about the car he16 bought.17 MS. SVENSON: Okay, I have something18 THE COURT: Just answer my question.19 MS. SVENSON: about his income.20 THE COURT: You will represent --21 MS. SVENSON: No--22 THE COURT: -- yourself.23 MS. SVENSON: Yes, 11m going to represent24 myself.25 THE COURT: All right, and you want to tell me


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- you want to read something? What do you want to do?2 MS. SVENSON: Not to read, just to tell that he3 has very expensive house, which is worth over a million4 dollars.5 THE COURT: Ma'am, once we get to a hearing, we6 can get to that.7 MS. SVENSON: Okay.8 THE COURT: But, you, sir, were asking for an9 adjournment, I heard. Why do you --

10 MR. KRICHEVSKY: I'm asking for --11 THE COURT: -- why does this need to be12 adjourned?13 MR. KRICHEVSKY: I'm asking for an adjournment,14 and I'm telling --15 THE COURT: For what reason? You have to give16 me a reason. You still have to show good cause.17 MR. KRICHEVSKY: Reason? First of all, I am18 under pain, in pain. I'm under duress. I didn't bring19 the case, and the case, actually, is not ready for any20 hearing because petitioner --21 THE COURT: I'm ready.22 MR. KRICHEVSKY: -- petitioner failed to reply23 to my pleadings.24 THE COURT: Wait, wait.25 MR. KRICHEVSKY: She failed



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THE COURT: What pleadings are you talking2 about?3 MR. KRICHEVSKY: Well, I served Answer when she4 had attorney. I served my Answer on her petition with5 affirmative defenses and counterclaims.6 THE COURT: Yes, but, sir, you got to understand7 something. Family Court practice is different than8 Supreme Court practice. There are no Answers -- there ar9 no response of pleadings in Family Court practice.

10 MR. KRICHEVSKY: Well, I read CPLR. Petition11 Answer.12 THE COURT: You got to deal with the Family13 Court Act, sir.14 MR. KRICHEVSKY: That's what I did.15 THE COURT: No. There is no response of16 pleadings necessary in these things. If you submitted an17 Answer, fine, but --18 MR. KRICHEVSKY: I was told --19 THE COURT: -- she doesn't have to respond to20 it.21 MR. KRICHEVSKY: -- I was told it's a special22 proceeding.23 THE COURT: It is.24 MR. KRICHEVSKY: And a special proceeding25 requires Answer on petition.



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THE COURT: That's not true.2 MR. KRICHEVSKY: The bottom line is thisr --3 THE COURT: What?4 MR. KRICHEVSKY: there is no discovery done.5 She misbehave exactly that she --6 THE COURT: Waitr wait. Did you ask for any7 discovery?8 MR. KRICHEVSKY: I did.9 THE COURT: How? When?

10 MR. KRICHEVSKY: How? I served on her attorney11 when she had attorney.12 THE COURT: Show me the proof.13 MR. KRICHEVSKY: I didn't -- like I saidr I14 didn't bring my -- it's a box like that (indicating) r15 actuallYr two boxesr okaYr I cannot carry with me.16 THE COURT: Sirr why is it you always come in17 here demanding your rightsr banging the tabler screamingr18 yelling how everybody is violating your rights19 MR. KRICHEVSKY: Because I got screwed from the20 beginning.21 THE COURT: -- but you won't lift one finger to22 help yourself? Why is that?23 MR. KRICHEVSKY: I'm killing myself --24 THE COURT: SOr lookr --25 MR. KRICHEVSKY: -- to help myself.



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ProceedingsTHE COURT: -- I offered to assignMR. KRICHEVSKY: And you're toying with me.THE COURT: Sirr stop it. I offered to assign

an attorney to represent you. You declined. You filedpapers that make no senser

MR. KRICHEVSKY: Excuse me.THE COURT: -- arguing things sirr you got

listen. It's a two-way thing. You don't only get to speaand nobody else responds.

MR. KRICHEVSKY: NOr on that point of attorney.THE COURT: Listen. I offered you an attorneYr

assigned counselr you declined. You file papers thatraise issues that are before the Appellate Division onappeal. I can't decide those thingsr but the one thingthat you could dOr that's in your favorr that you askedfor proof and it wasn't given to your that all of a suddeyou don't bring.

Nowr explain that to mer sir.MR. KRICHEVSKY: Okay. I'm going to return to

the point of you offering me attorneYr okay. I asked forstand-by counsel. You told me there is no such thing

THE COURT: There is no such thing.MR. KRICHEVSKY: Okay. I'm going to bring you

law.THE COURT: What law?



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MR. KRICHEVSKY: I don't have it with me right2 now because I came to adjourn it.3 THE COURT: But, sir, you don't have anything4 with you.5 MR. KRICHEVSKY: Because I came to adjourn it.6 THE COURT: For what purpose?7 MR. KRICHEVSKY:' Because I'm not8 THE COURT: To hire an attorney?9 MR. KRICHEVSKY: No.

10 THE COURT: To get --11 MR. KRICHEVSKY: Because12 THE COURT: to need more time to prepare?13 You still got to give me a reason.14 MR. KRICHEVSKY: -- because I didn't get15 discovery for one. Second, I'm going to continue to try

to recuse you or disqualify. I'm going to file Order to617 Show Cause to void this judgment in this Court. That's18 what law says. I'm going to -- I'm going to give you law19

20 THE COURT: Don't file anymore Order to Show21 Cause because that comes to me, and I really don't want t22 have to decide --23 MR. KRICHEVSKY: Well, you told me --24 THE COURT: -- the same things over and over25 again.



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ProceedingsMR. KRICHEVSKY: -- you told me you don't do

you --THE COURT: Get something from a Judge In highe

authority that says --MR. KRICHEVSKY: Then why --THE COURT: -- either I can't hear this case

anymoreMR. KRICHEVSKY: -- then why when I address my

motion to the Judge, it gets to you?THE COURT: What Judge?MR. KRICHEVSKY: Paula Hepner.THE COURT: You made an application before Judg

Hepner?MR. KRICHEVSKY: Yes, and you --THE COURT: Where?MR. KRICHEVSKY: and you personally said it'

a similar, and I denied it, and you conducted star chambehearing without my presence.

THE COURT: Sir, yes, (inaudible). Your Orderto Show Cause is filed here, not before Judge Hepner. Ican't send her paperwork. If you got an issue with JudgeHepner's orders, file it upstairs so she can see it.

MR. KRICHEVSKY: Upstairs where? I cameTHE COURT: Wherever they accept papers, Orders

to Show Cause, that go to Judges.



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ProceedingsMR. KRICHEVSKY: Well, no one told me where to

file.THE COURT: But don't submit an Order to Show

Cause that's going to come back to me that I have to denyMR. KRICHEVSKY: But why Clerks -- why Clerks

did not direct me to the right place. When I came, Isaid, this is for Judge Hepner. Okay, they stamped it.

THE COURT: Well, maybe there's somethingpending -- I don't know. I don't know. I don't keeptrack of Judge Hepner's mail.

MR. KRICHEVSKY: Well, could you -- could youplease direct me to the place where I can file --

THE COURT: But plain and simple, sir, if Iadjourn this case, what do you intend to do and why?

MR. KRICHEVSKY: Just like I said, I do notconsent to your jurisdiction, and

THE COURT: What do you intend to do about thatMR. KRICHEVSKY: I'm going to -- I'm challenge

your jurisdiction.

THE COURT: How? Where?MR. KRICHEVSKY: Here in this Court.THE COURT: You can't. Not in this room. Look

sir, as far as I'm concerned, the CPLR -- the Family CourAct gives me jurisdiction to decide all the issues on thepetitions that are before me. I'm not going to change my



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Proceedingsvlew on that. So, get somebody in higher authority to sa

2 11m wrong, and I will bow to that authority --3 MR. KRICHEVSKY: No, well, the law --4 THE COURT: -- without violating anybodyls5 rights --6 MR. KRICHEVSKY: -- the law says the law say7 if I challenge your jurisdiction, you have to prove it.8 THE COURT: No, I donlt.9 MR. KRICHEVSKY: Or she has to prove it.

10 THE COURT: No, she doesnlt.11 MR. KRICHEVSKY: Okay. 1111 show the law.12 THE COURT: You have to prove it.13 MR. KRICHEVSKY: I didnlt okay. I didnlt14 bring it with me, and another thing15 THE COURT: Youlre going to file16 MR. KRICHEVSKY; -- another thing, you work for17 the state; right, and last time when we were talking abou18 recusal19 THE COURT: Therels a state flag back there,20 sir..21 MR. KRICHEVSKY: I know, I know.22 THE COURT: Yes, what?23 MR. KRICHEVSKY: When -- when I filed motion to24 recuse, you told me, you have to allege that somehow I25 personally interested in your case, --



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ProceedingsTHE COURT: No, I said,MR. KRICHEVSKY: -- and I'm telling you, I lear

THE COURT: -- if you want me to -- wait. Yousaid, if you want to -- what I told you is, if you want mto recuse myself, you have to prove either that I have apersonal interest or a personal animus in -- between --well, involved with the two of you --

MR. KRICHEVSKY: Well, you haveTHE COURT: -- or that I can't --MR. KRICHEVSKY: -- you have more than that.THE COURT: -- properly fairly decide your caseMR. KRICHEVSKY: Yes.THE COURT: And I have no interest here.MR. KRICHEVSKY: Yes.THE COURT: I have no personal animus,MR. KRICHEVSKY: Federal funding, --THE COURT: -- and I feel fully capable of --MR. KRICHEVSKY: -- Title 4D funding.THE COURT: -- fairly deciding your case.What?MR. KRICHEVSKY: You have incentives to screw

me.THE COURT: Watch your language, sir.MR. KRICHEVSKY: Because I am.



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THE COURT: Sir, wait, wait. Sir,--MR. KRICHEVSKY: -- the more you get.THE COURT: No. Really?MR. KRICHEVSKY: Yes.THE COURT: Really?MR. KRICHEVSKY: And I have -- and I have proofTHE COURT: Really?MR. KRICHEVSKY: I'll bring it next time.THE COURT: Why is it never here?MR. KRICHEVSKY: Because I didn't know about

THE COURT: No, sir, I'm interested now becauseif I have a financial interest in this case, I haven't22

23 gotten the benefit of that.24 MR. KRICHEVSKY: Also, -- also, would you give25 me copy of your oath?



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THE COURT: Of my what?2 MR. KRICHEVSKY: Oath, oath of office.3 THE COURT: What are you talking about, sir?4 MR. KRICHEVSKY: Well, you have to have an5 office, valid office.6 THE COURT: So, subpoena --7 MR. KRICHEVSKY: You have to have oath.8 THE COURT: No. Subpoena the Office --9 MR. KRICHEVSKY: Did you swear to hold

10 constitution?11 THE COURT: Sir, subpoena the Office of Court12 Administration if you have issues about my13 MR. KRICHEVSKY: But you have to have it14 displayed here.15 THE COURT: -- my -- what?16 MR. KRICHEVSKY: You have to have it displayed17 here.18 THE COURT: No, I don't.

MR. KRICHEVSKY: That's what law says.THE COURT: What law?MR. KRICHEVSKY: That's what I read, okay.

That's what City of New York says.

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but you really and truly do not help yourself.2 I'm reconsidering the issue of whether or not3 you should be assigned an attorney.4 MR. KRICHEVSKY: I'm not going to get any5 attorney. I'm belligerent claimant.6 THE COURT: Yes, I know.7 MR. KRICHEVSKY: I have my right to represent8 myself.9 THE COURT: But here's the thing, sir, you're

10 not making any sense.11 MR. KRICHEVSKY: I will not --12 THE COURT: You're not helping yourself.13 MR. KRICHEVSKY: You know what, it looks like,14 you know. this joke when two wolves and one sheep

discussing what's for dinner. That's why we don't1516 understand each other.17 THE COURT: I don't know what that means, but18 don't have to.19 MR. KRICHEVSKY: That means that I am here --20 THE COURT: I am giving you an adjournment, si21 a very short adjournment --22 MR. KRICHEVSKY: I am here as a sheep t . okay.23 THE COURT: -- because I have to assign an24 attorney to represent you.25 MR. KRICHEVSKY:And I'm here being slaughtered



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ProceedingsTHE COURT: What?MR. KRICHEVSKY: I am here being slaughtered,

okay.THE COURT: Fine.MR. KRICHEVSKY: You cannot -- you know Maxim

Law, no one is bound to impossibility. What you order ivoid because it was impossible to perform.

THE COURT: Then prove it.MR. KRICHEVSKY: Prove it?THE COURT: By the way, sir, that's a contract

MR. KRICHEVSKY: I don't have to prove it. Shehas to prove that I have money.

THE COURT: No.MR. KRICHEVSKY: She didn't even allege --THE COURT: Look, I'm giving you an adjournmentMS. SVENSON: But what aboutTHE COURT: You're going to be assigned an

attorney. Whether or not you take adv antage, that'sentirely up to you.

MR. KRICHEVSKY: I can only accept stand-byattorney.

THE COURT: I don't know what that means. It'snot authorized --

MR. KRICHEVSKY: I'll teach you.



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MS. SVENSON: Your Honor, --THE COURT: Obviously, you're going to show me

6 lot of things. One second.7

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What, ma'am, really quickly?MS. SVENSON: But what about kid? He needs

THE COURT: Well, ma'am, right now they'retaking out half of his11

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14 half of his unemployment check, right? You're getting t15 $205.50.16171819

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MS. SVENSON: I don't get -~ no.MR. KRICHEVSKY: Mr. Fasone, let me ask you --MS. SVENSON: Nothing.THE COURT: $202.50.MS. SVENSON: Um?VOICE: Just answer him right now.THE COURT: $202.50, you're getting that; rightMS. SVENSON: Sometimes he pays $200 --THE COURT: It's coming out of his unemployment



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make no sense in this courtroom, and no justice is2 accomplished one way or the other.3 Having said all that,4 MS. SVENSON: By the way, he had no problem to5 sit in the waiting hall for two hours.6 THE COURT: I don't know. He was complaining

my officer that he had medical issues. He's got to go s7his pharmacist to fill a prescription. I don't know.8

9 MR. KRICHEVSKY: I asked -- I asked to sent me10 - to accept me faster because I needed to get my11 medication. That's what I said.12 THE COURT: Well, sir, next time, try to think13 of that before you corne to Court because I canlt guarante14 when these cases are called.15 If you need medical assistance, let us know. W16 can call EMS.17 MR. KRICHEVSKY: I have -- I have a question.18 Why did you order Child Support Enforcement Unit to close19 my bank account, to take 80% of my unemployment benefits?20 That's not -- that's not lawful.21 THE COURT: This is where we get into the issue22 where youlre not making a whole lot of sense.23 MR. KRICHEVSKY: Well, I --24 THE COURT: I have nothing to do with25 enforcement except what happens inside this courtroom.



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told me that you told them to take -- to take that moneyout of my my unemployment.

THE COURT: I don't talk to anybody in Support

MR. KRICHEVSKY: So, they're lying. I don'tknow who is lying.

THE COURT: Well, sir, why don't you get to thbottom of that, and you come back and tell me.

MR. KRICHEVSKY: Okay, I will.THE COURT: But I'm going to assign an attorney

to represent you.MR. KRICHEVSKY: No.THE COURT: Yes.MR. KRICHEVSKY: Stand-by or no attorney.THE COURT: Sir, I don't care what your opinion

is. That's my decision. You're getting an attorney.MR. KRICHEVSKY: I'm not.THE COURT: Whether you use him or not or her

not is up to you.MR. KRICHEVSKY: I have -- okay.THE COURT: But that attorney will be involved

in these proceedings.MR. KRICHEVSKY: No, he will not.THE COURT: Yes, he or she will. That's my



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decision.2 MR. KRICHEVSKY: I'm not going to accept any3 attorney. I'm going to appear4 THE COURT: I don't need your permission, sir.5 MR. KRICHEVSKY: I'm going to appear as6 belligerent claimant.7 THE COURT: I know, sir, but that makes no sens8 either.9 All right. We're going to put this on for

10 Wednesday, April 13th, because this thing needs to move.11 All I'm going to really do on that date is assign an12 attorney to represent you, sir.13 If you have these laws that you want me to look14 at, make sure they're available, and you can share them15 with your attorney, and I'll see everybody then.

VOICE: 9:00 a.m.?1617 MR. KRICHEVSKY: I requested assistance with th18 place where do I file the papers for the -- for Judge, an19 you never told me.20 THE COURT: The Clerk's Office.21 MR. KRICHEVSKY: That's what I do. What floor?22 THE COURT: (Inaudible) the 6th floor. Where23 does he go see?24 VOICE: At the window, since he's not25 represented by an attorney.

Angie DePompo Court Reporting Service( 718 ) 6 6 7 - 9 4.84


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ProceedingsMR. KRICHEVSKY: I came to the 6th floor --THE COURT: But he can't go to the window on

this floor because he wants to get something before JudgeHepner. Who should he see?

VOICE: What does he -- what doe she intend tofile exactly?

THE COURT: I believe an Order to Show Cause.MR. KRICHEVSKY; I'm going to call it, Order to

Show Cause or Motion to Void Order.VOICE: Go to the 5th floor.THE COURT: 5th floor? This is the 5th floor.VOICE: Yes, but --THE COURT: They're not going to accept an Orde

to Show Cause for Judge Hepner here.Sir, why don't you --VOICE: I re~lly don't know what to say, Your

Honor.THE COURT: -- why don't you go up to the 7th

floor, the Clerk's Office. They can answer generalquestions, but I can't -- I don't know how you get papersbefore Judge Hepner. Maybe they can answer upstairs.

April 13th for assignment of counsel. Thankyou.

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8 I, Dorothy Florentino, certify that the foregoing9 transcript of proceedings in the Family Court, Kings County, o

10 Elena Svenson v. Michael Krichevsky, Index No. F-28901-11 08/10A&B, was prepared using the required transcription121314151617

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equipment and is a true and accurate record of the proceedings.

Agency Name: ANGIE DePOMPO COURTREPORTING SERVICE86 Kensico StreetStaten Island, New York 10306

Date: April 2, 2011

Documents

TRANSCRIPT OF MARCH 16, 2011 JURISDICTIONAL CHALENGE