SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS
~~ INDEX NO, 19478/13
MICHAEL KRICHEVSKY,
Plaintiff,
NOTICE OF
-against- CROSS-MOTION TO
DISQUALIFY AND TO
YONATAN LEVORITZ, VICTOR KATKALOV. JOHN STAY
FASONE, PAULA HEFNER, ROBERT RATANSKY, unknown Justice Bemadelte Bayne
clerk of JOHN FASONE, ELENA S VENSON, Oral argument is not
Defendants. ' requested
C O U N S E L O R S :
PLEASE TAKE NOTICE, that upon the annexed Notice, Affidavit and Memorandum
of Law of Michael Krichevsky, Pro Se. sworn to the 29 day of August, 2014, and upon all the
pleadings and proceedings heretofore had herein, the undersigned will cross-move before this
Court at an IAS Part 18, room 775, at the Courthouse located at 360 Adams Street, Brooklyn,
New York on the 3rd day of September, 2014 at 9:3 0 a.m. in the forenoon of that day or as soon
thereafter as counsel can be heard for an order pursuant to Common Law and Judiciary Law 14
-pecuniary interest of the judge.
The above-entitled action is for personal injuries and other torts. This action is not on the
trial calendar.
Dated: Brooklyn, New York
August 29, 2014
Michael Krichevsky, Pro Se
4221 Atlantic Ave
Brooklyn, New York 11224
(718)687-2300
L'ABBATE BALKAN COLAVITA & CONTINI, LLP
Attorneys for Defendants
1001 Franklin. Avenue
Garden City, New York 11530
ATTORNEY GENERAL OF THE STATE OF NEW YORK
Attorneys for Defendants
120 Broadway
New York, New York 10271
Notice of Removal for cause and Affidavit of Bias and Prejudice
} . Be it known to all courts, governments and other parties that I, Michael Krichevsky, am
self- governed, freeborn Sovereign live man without subjects.
2. My sovereignty is also confirmed by the constitutions and NEW YORK CODE - N.Y.
CVR. LAW 2 : NY Code - Section 2: Supreme sovereignty in the people - No authority can, on
any pretence whatsoever, be exercised over the citizens of this state, but such as is or shall be
derived from and granted by the people of mis state.
3. "Sovereignty itself is, of course, not subject to law, for it is the author and source of law;
but in our system, while sovereign powers are delegated to the agencies of government,
sovereignty itself remains with the people, by whom and for whom all government exists and
acts. And the law is the definition and limitation of power..." YICK WO V . HOPKINS, 118 S.Ct.
356 at 370 (1886)
4. I neither dominate anyone, nor did I agree to be dominated.
5. I have authority to question authority, and my authority for these statements is common
sense, the universal honor of the God or Nature given intrinsic rights, property freedoms and
responsibilities of the Sovereign men.
6. I am not a juristic., fictitious "Person" when such term is defined or otherwise implied in
statutes, codes of the "United States", or of the several states when such definition includes
artificial entities or government employees.
7. Therefore, I am not "subject" to any legal fiction or juristic entity.
8. I wish not to be treated as a federally or state created "corporate" or "juristic entity"
which is only capable of exercising certain rights, privileges or immunities as specifically
granted by federal or state governments.
9. Because I am not "Subject," no "laws" or their enforcers have any specific "jurisdiction"
or authority over me. I therefore am not "within" any "jurisdiction," for I am not of "Subject"
status as distinguished from judges or licensed attorneys, who are " corporate, juristic persons"
and "officers of the court."
10. Because the world is not perfect, there are men unable or unwilling to self-govern chose
to be "subjects" or slaves. Moreover, because from the first view it is impossible to distinguish a
difference between Sovereign and Subject, I voluntarily choose to comply with certain corporate,
legal statutes or codes, which serves my attempt to bring a harmony to society.
11. Consistent with the extensive tradition of "Natural Law" and Common Law, unless I
have harmed flesh and blood man or woman, (not a corporation), or their property, (not the
State), I have committed no crime and am therefore not "subject" to any penalty.
12. I act strictly in accordance with Hale v. HenkeL 201 U.S. 43, at 74-75 (1906), where the
court held;
"_The individual may stand upon, his constitutional rights as a citizen. He is
entitled to carry on Ms private business in his own way. His power to contract is
unlimited. He owes no duty to the State or to his neighbors to divulge his
business, or to open his doors to an investigation, as far as it .may tend to
criminate Mm. He owes no such duty to the State, since he receives nothing
therefrom, beyond the protection of his life and property. His rights are such as
existed by the law of the land [COMMON LAW] long antecedent to the
organization of the State, and can only be taken from him by due process of law,
and in accordance with the Constitution. Among his rights are a refusal to
incriminate himself, and the immunity of himself and his property from arrest or
seizure except under a warrant of the law. He owes nothing to the public so long
as lie does not trespass upon their rights. [Emphasis mine]
Upon the other hand, the corporation is a creature of the State. It is presumed to
be incorporated for the benefit of the public, It receives certain special privileges
and franchises, and holds them subject to the laws of the State and the limitations
of its charter. Its powers are limited by law. It can make no contract not
authorized by its charter. Its rights to act as a corporation are only preserved to it
so long as it obeys the laws of its creation. There is a reserved right in the
legislature to investigate its contracts and find out whether it has exceeded its
powers."
13. Thus, as Sovereign man, I can contract with any entity such as Municipal Corporation or
New York Unified Court System, Inc (thereafter Court) and pay tax in consideration that this
corporation (STATE COURT) upholds peace, order, provides protection of my life, liberty and
property in the society.
14. And in Chisholm vs. Georgia, 2 US 419, at 457 -(Supreme Court 1793) the Court
declared:
"The only reason, 1 believe, why a free man is bound by human laws, is, that he
binds himself. Upon the same principles, upon which he becomes bound by the
laws, he becomes amenable to the Courts of Justice, which are formed and
authorized by those laws. If one free man, an original sovereign, may do all this;
why may not an aggregate of free men, a collection of original sovereigns, do this
likewise? If the dignity of each singly is undiminished, the dignity of all jointly
must be unimpaired. A State, like a merchant, makes a contract. A dishonest
State, like a dishonest merchant, willfully refuses to discharge it: The latter is
amenable to a Court of Justice. Upon general principles of right, shall the
former when summoned to answer the fair demands of its creditor, be permitted,
proteus-Jike, to assume a new appearance, and to insult him and justice, by
declaring I am a SOVEREIGN State? Surely not. Before a claim, so contrary, in
its 'first appearance, to the general principles of right and equality, be sustained by
a just and impartial tribunal, the person, natural or artificial, entitled to make such
claim, should certainly be well known and authenticated.71 [Emphasis mine]
15. Thus, if any contracting party is in breach of contract with me -1 am relieved from any
performance on my part in accordance with contract and common laws.
16. COURTS THAT PROCEED ON STATUTES are called nisi prius court. "Nisi prius" is a
Latin term (Black's 5th) "Prius" means "first." "Nisi" means "unless," A "nisi prius" procedure is
a procedure to which a patty FIRST agrees UNLESS he objects. A rule of procedure in courts is
that if a party fails to object to something, then it means he agrees to it. A nisi procedure is a
procedure to which a person has failed to object, a "nisi prius court" is a court, which will
proceed.
17. Be it known, I reserve my natural "common law" right not to be compelled to perform
under any contract that I did not enter Into knowingly, voluntarily, and intentionally with full
knowledge of the entire and exact details of the contract (UCC 1-308).
18. If I have participated in any of the presumed "benefits" of any of these hidden contracts, I
have done so under duress, coercion or unconsciously and as such have not accepted them in a .
manner that binds me to anything aad they are therefore null and void "ab initio".
19. Take Notice, I revoke, cancel and make void ab inirio my signature on any and all
unknown, and therefore fraudulent contracts, agreements, forms and instruments which may be
construed in any way to give any agency or department at any level of government, any
authority, venue or "jurisdiction" over me as "Subject."
20. From the Bill of Rights, U.S. Constitution. First amendment:
"Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom, of speech, or of the
press; or the right of the people peaceably to assemble, and to petition the
government for a redress of grievances."
21. The Government does NOT bestow rights on the people, Rights are NOT privileges.
22. Governmental agents [judges and lawyers] have a Statutory duty to perfoim certain
actions that is mandated by law. Failure to perform a Statutory duty [action] mandated by law is
a crime.
AFFIDAVIT OF BIAS AND PREJUDICE
INTRODUCTION
"When an honest man, honestly mistaken, comes face-to-face with undeniable and irrefutable
truth, he is faced with one of two choices, he must either cease been mistaking or cease being
honest." Amicus Solo
23. Michael Krichevsky, Plaintiff, Pro Se, sues defendants and under penalty of perjury
respectfully avers upon his firsthand knowledge, except where it stated upon information and
belief, or where it stated that he verily believes it to be true and certifies that this document is not
frivolous per 130-1.1:
24. I am the plaintiff in the within action.
25. I incorporate all the statements made by me in my Amended Complaint as if stated in full
herein.
26. I make this affidavit in support of this MOTION TO STAY AND DISQUALIFY.
27. This affidavit used to supplement my Amended Complaint for the purpose of defendants'
motion to dismiss for failure to state a claim, and averments in it should be presumed as true.
28. This affidavit is another of my failed attempts to report Federal Crimes of Treason and
Misprision of Treason of the Judge Bernadette Bayne, as well as the violations of New York
State Judiciary Law, Code of Judicial Conduct and violations by lawyers involved of the New
York Rules of Professional Conduct to New York Tribunal per Rule 8.3 - Reporting
Professional Misconduct, which is mandatory.
29. About 6 years ago, defendants breached peace and started maliciously prosecuting me for
not paying my child support, which I never refused to pay. When these defendants engaged in
the conflict between defendant Svenson and me - there was a presumption that they are honest
men. When my attorney, Daniel Singer, during family court litigation approached mem with
undeniable and irrefutable truth of documentary evidence - they destroyed their honesty
presumption and violated NYRPC rule 4.4 by needlessly violating my rights, causing
embarrassment and harm to me.
30. During this Family Court proceedings, defendants bamboozled my attorney and me and
cast a spell over my fatherhood, which turned now into my curse where I am damned if I pay
child support - and I am. damned if I don't. This was summarily done by defendant Fasone
knowingly ordering me to pay more child support than I was able. This non-dischargeable in
bankruptcy debt piled up into over $110,000, which I never be able to repay - and that was his
goal. It allows Fasone and child support collection unit (CSCU), for as long as I owe the child
support, both collect grants from Federal title IV - D finding (taxpayer's money) enriching
themselves by getting commensurable pay for ruining my life and harassing me - under pretext
of child support enforcement. CSCU restricted my driver's license for no legitimate and logical
reason. Now after 1 stalled instant litigation, CSCU begun harassing me with threat that they
going to put a lien on my property that is in foreclosure. Being injured by defendants, disabled
and unemployed by defendants1 torts and criminal activity against me, I'm falsely imprisoned by
restricted driver license and in debtor's prison. My cell is my home office. There, day and night,
I am working on finding a legal remedy to break defendant's spell and get rny shattered life back.
31. In summary, the judges and lawyers sued in this case conducted the war on families.
From the beginning of my initial contact with them, they treated me as an enemy to conquer
instead of a citizen to serve and protect as member of the public.
32. Judge Bernadette Bayne treated me in the similar corrupt fashion using the hick
described in the book "The Importance of Being Honest" by Law Professor Steven Lubet
(available at AMAZON). On page 174 Professor relates, "In California, Judge Gregory Caskey
was publicly admonished for sending the following e-mail to an attorney:
"I am considering summarily rejecting [opposing counsel's] requests. Do you
want me to let [opposing counsel] have a hearing on this, or do we cut [opposing
counsel] off summarily and run the risk [ o f ] the [Court of Appeals] reversing? ...
I say screw [the other party] and let's cut [opposing counsel] off without hearing.
O.K.? By the way, this message will self-destruct in five seconds."
The recipient of Caskey7 s message replied as follows:
"Your Honor, I don't feel comfortable responding ex-parte [sic] on how you
should rule on a pending case."
By return e-mail the judge sent a one-word response, stating, 'chicken'."
33. Using above-mentioned trick, in 2011 court's action judge Bernadette Bayne dismissed
my action against Defendants Yonatan Levoritz and Yoram Nachlmovsky with prejudice,
34. The Supreme Court has characterized dismissal with prejudice as a "harsh remedy." New
Yorkv. Hill 528 U.S. 110,118 (2000). "Dismissal of a count In a complaint with prejudice is
appropriate if amendment would be inequitable or futile."
35. Even If, which Is not admitted, and only for the sake of argument, my complaint was
inartfully drafted by me as pro se litigant - there was no hearing on the merits of this issue aid
my complaint was summarily dismissed with prejudice without findings of fact and conclusions
of law.
36. Leave to amend my complaint was denied without a hearing.
37. Needless to say that such judge Bernadette Bayne's action and order can be described by
citation from United Slates v. Bentvena, 319 F. 2d 916, at 943 (Court of Appeals, 2nd Circuit
1963):
"A sentence of a court pronounced against a party without hearing him, or giving
him an opportunity to be heard, is not a judicial determination of his rights, and Is
not entitled to respect in any other tribunal" Windsor v. McVeigh, 93 U.S. (3
Otto) 274.. 277,23 L.Ed. 914 (1876)."
SUMMARY OF MATERIAL FACTS
38. I paid the Court's required filing fees to bring my constitutionally and statutory protected
claims for redress of grievances and demanded performance of Justice by neutral, qualified
judge.
3 9. Unknown to me at that time, Judge Bernadette Bayne was and neither neutral, nor
qualified as will be explained in greater detail below.
40, At all relevant times preceding this new 2013 action and particularly on December 23,
2011, Defendants Yonatan Levoritz Esq. being represented by Noah Nunberg Esq., Candice
Ratner, Esq., Miriam Rice, Esq., Elaine Sabino, Esq. and Yorara Nachimovsky Esq. being
represented by Nicholas Ratush Esq., all together and each of them separately conspired with
Judge Bemadette Bayne and acting in concert, did knowingly and corruptly persuade and
intimidate Michael Krichevsky, or did attempt to do so, with intent to cause or induce him to
withhold testimony to jury, as demanded in his complaint, in an official proceeding, in violation
of l SU. S. C. 1512.
41. On December 26,2011, Michael Krichevsky sent a letter by certified mail return receipt
requested addressed to judge Bemadette Bayne and all other lawyers involved regarding incident
on December 23,2011 during the hearing, which described in this letter, Exhibit A.
42. I incorporate by reference herein the content of this letter.
43. By this letter, I intended to set the record straight and document facts in this court of
record and give wrongdoers involved a chance to correct their misconduct and continue
proceedings.
44. Because this letter was also addressed to Judge Bemadette Bayne, it is my belief that she
personally, or ordered her clerk, removed the said letter from the court's file and placed it in the
United States Postal Service custody, thereby showing her refusal to correct her misconduct and
intent to cover up corruption of defendants, in violation 18 USC . 2071.
45. None of the Defendants or their attorneys replied to said letter, presumably after
consulting with judge Bemadette Bayne.
46. According to common law maxim - silence is acquiescence, as well as a statutory law
CPLR 3018 (a) failure to deny is an admission, facts stated in said letter now stand as truth and
judgment in commerce.
47. Because this corporate Court is in commerce, it is liable for her employee, judge
Bemadette Bayne.
48. Such a behavior is noted and eloquently described in United States v. Dial, 757 F. 2d 163
- (Court of Appeals, 7th Circuit 1985) "The defendants' elaborate efforts at concealment provide
powerful evidence of their own consciousness of wrongdoing."
49. On the Internet there is a judge rating service called THE ROBING ROOM. On the scale
from 0 to 10 her brethrens Attorneys' Average Rating: 2.0 out of 21 ratings and Non-Attorney's
Average Rating: 1.0-2 rating(s), Exhibit B
50. The following federal laws were/are violated by all of the Defendants and their attorneys
in concert with judge Bemadette Bayne:
USC 18 241; CONSPIRACY AGAINST RIGHTS: If two or more persons conspire to injure,
oppress, threaten, or intimidate any person in any State in the free exercise or enjoyment of any
right they shall be fined under this title or imprisoned not more than ten years, or both;
5 USC 18 242; DEPRIVATION OF RIGHTS UNDER COLOR OF LAW: Whoever, under
color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any
State the deprivation of any rights shall be fined under this title or imprisoned not more than one
year, or both.
51. Now I move this court of record to take. Judicial Notice of this affidavit and its exhibits.
52. Recently, instant action was once again "assigned" to judge Bernadette Bayne,
53. I am 58 and, after 5 years of my failed attempts to obtain a remedy in any corporate
courts, I am wise enough to understand that this case was not randomly assigned to Judge
Bemadette Bayne in violation of this corporate court's own rule of random assignment
54. Coupled with the fact that Assistant Attorney General Mr. Charles R Senders defaulted
without excuse for over 60 days, but brazenly filed frivolous and nonsensical motion to dismiss
my complaint, I believe that he and judge Bemadette Bayne conspired to "Stack The Cards"
against me. I therefore, object and I do not wish to "play the cards at this table" because my hard
work to obtain Justice would be futile. As the saying goes, "full me once shame on you- full me
twice shame on me."
Wherefore, I move this court of record:
a) to take judicial notice of this affidavit and its exhibits;
b) to consider this motion fully submitted with waiver of oral argument as futile;
c) to Stay Proceedings so that I will remove my action for Cause in other appropriate
jurisdiction.
Dated: Brooklyn, New York
August 29,2014
Sworn to before me
on August 29,2014
NOTARY PUBLIC
ALICEASHER
NOTARY PUBLIC, State of Nsw York
N0. 01AS6062200
Qualified in Kings County
Commission Explr esJuly30, 2Q17
ichael Krichevsky, Pro Se
4221 Atlantic Aye
Brooklyn, New York 11224
(718) 687-2300
MICHAEL KRICHEVSKY, Pro Se
4221 ATLANTIC AYE
BROOKLYN, NY 11224
BY REGULAR AND CERTIFIED MAIL December 26,2011
Elaine Sabino
L'ABBATE, BALKAN, COLAVTTA & CONTINL L.L.P.
1001 Franklin Ave, 3rd Fl.
Garden City, New York 11530
RE: KRICHEVSKY v. LEVORITZ, et al
Miss. Sabino,
Enclosed, please find Notice of Acceptance of your Oath of Office where you promised me to
tell the truth while dealing with me in court.
As you remember, dating November 18,2011 hearing Judge Bernadette Bayne vacated her
default order against me and said to you and Mr. Ratush in open court: "Order is vacated
- it was not on the merits...; if I do it for lawyers, why wouldn't I do it for him?" Then
she gave me new date of December 23, 201 Ito hear rny case on the merits. She did not
say a word about any personal service of process of my replies to motions to dismiss.
Then you and Mr. Ratush were preparing this order for judge to sign. Both of you
generously offered me not to waste my time by personally going to your offices from
Brooklyn to Long Island and then to Manhattan to deliver my pleadings, which is what I
did before. Tell me that two of you did not conspire and plan to trick me into default by
planning to tell the judge that you never offered me this deal.
Please, keep your Oath and tell the truth:
a) I told Mr. Nunberg that 1 and Mr. Ratush in court offered Mr. Krichevsky to send his
replies using email by December 16, 2011. (Sign hare and return to me by any means)
b) I did not tell Mr. Nunberg that I and Mr. Ratush in. court offered Mr. Krichevsky to send
his replies using email by December 16. 2011. (Sign here and return to me by any means)
c) I did or I did not plan to trick in default Mr. Krichevsky by using email service of process
issue. (Sign here and return to me by any means)
Additionally, on November 18, before the hearing started I handed to you and Mr. Ratush my
(filed in the court) request for FIRST JUDICIAL NOTICE for which I did not get any
opposition up to last hearing date. In it I, inter alia, objected to jurisdiction of the court
before disqualification of your firm decided and stated: "The Honorable Court is
respectfully requested to take Judicial Notice of the undisputable fact that proceeding by
L'ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P. against plaintiff without
authority constitutes fraud in procurement of jurisdiction, making order or judgment of
the court void.'1 Since none of defendants objected from November 18 till December 23,
there was no controversy to begin with, I was planning to tell the judge that this pleading
by itself can be my timely reply to all of the defendants' motions and your firm should've
disqualified itself prior to December 23 hearing.
On December 23,2011 you did not appear in court, instead of you Noah Nunberg appeared.
When hearing began he ridiculed me by lying to judge that she ordered me to personally
serve my replies, but that I emailed my paperwork instead and therefore in default. Then
he said that I had audacity to insult Miss. Ratner, a pregnant woman! I do not know how
material or meritorious to my case this issue of pregnancy was. If I did egregious crime
by insulting Miss. Ratner as pregnant woman, I am sorry. However, no one noticed me
on her pregnancy. As I understand she is no longer on my case and you are now on it. All
my emails were addressed to you Miss, Sabino, where I did not ask you to tell Miss-.
Ratner a thing (did Mr. Nunberg 'Volunteered"?). Apparently, Mr. Nunberg thinks if s
OK to insult a woman as long as she is not pregnant. The point is, Mr. Nunberg took a
wicked cheap shot at me below the waist. By this act he is not only dishonored himself as
a man, lawyer, officer of the court, but the court itself. Additionally, he violated his Oath
of Office and if those all meritorious arguments he had against a Russian pro se this day,
I am sony for his future clients.
Quite predictably by Nunberg it worked. Female judge became angry, yelled at me, did not let
me speak, told me that 1 was disrespectful of CPLR and her orders, and said: "your case
dismissed." It is manipulated rotten victory and this order is void for fraud, just as family
court order is null and void for fraud. When I approached him with my witness, Mr.
Furmanoff in the hallway to object that he writes the order: "Dismissed with prejudice"
he replied to me; "1 don't want to talk to you - you're nothing to me."
Sure, Russian immigrant in the Family Court was just as nothing to Nunberg's clients -
American Jewish lawyers Yoram Nachimovsky and Yonatan Levoritz, but hard earned
by this immigrant American dollars that they plundered, were quite something!
Well, tell Mr. Nunberg that Russians never give up. Tell him they too founded America, not to
mention they fought Nazis Germany to save the world. He is not "the supper lawyer'., he
is not better than me and I am looking forward to see his client and the Jury in the Open
Court on the Facts and Merits!
Merry Christmas and a Happy New Year! 1 hope that your holydays wil l not be as bad as mine.
Sincerely,
" x
Michael Kricuevsky
Enclosure
CC: Judge Bernadette Bayne. Elena Svenson and Nicholas Ratush.
7/22/2014 "The Robing Room: NY State Judges
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Hon. Bernadette Bayne
Supreme Court
Kings (Brooklyn) County
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What others hare said about Hon. Bernadette Bayne
Comments
: ~ 'Civil Litigation - Private
Comment ft NY5584
Rating:2.1
Comments:
incompe te nt, rude, selfrighteous, indignant, imperious, bizarre, don't even begin to describe this
judge. When assigne d to her allIcan say is abandon hope allye who enter here. . . Why don't
judges have periodic basic compe te ncy e xams.
View Detag Send e-mailto this postef7g2;;rH4 5 - 1 R - A Z FM
" -Civil Litigation - Private
Comment ft NY5313
Rating:4.3
Comments:
She is proof that once one ge ts the robe, by hook or by crook, there is little if any realoversight by
the Court syste m. Anyone who sits in her courtroom for more than 5 minutes knows this is an
abomination. Letting it go on for ye ars is the worst of it. She is the best argument for privatizing the
judiciary.
View Petal Send e-mailto this poster 4/-lfi/?n-U4-7.i-37 PM
v.. 'Civil Litigation - Private
Comment ft NY5259
Rating:2.3
Comments:
I agree with allof the other comme nts on this judge. Aside from being disinterested in actual legal
arguments, she is rude to the attorne ys, tells people to shut up in her courtroom and has no
understanding of the law or its application. But for her clerk who is incredible and is fair every
decision that she would ever write on her own would be overturned.
View Petal Send e-maii to this poster 3/27/201 4 3-?4;3n FM
C Other
Comment* NY5220
Ratlng:1.0
Comments:
She is abusive and ignorant, and ignores the law.
Send e-malto this poste rs/I0/2014 i;m;ss FM
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r ' - > Civil Litigation - Private
Comments NY5167
Rating:2.3
Comments:
If it weren't for her clerk, Adam Zucker, this part would be a nightmare.
View Delai Send e-mail to this posler?m;:>ni.i 1-.24:36 FM
'-"Litigant
Comment*: NY5133
Rating:1.0
Comments:
She refuses to listen to litigants who do not share her preconceived ideas. She refuses to read
contracts in order to understand the merits of litigants' arguments and is prepared to rule solely on
her woefully limited legal experience. She is very scary, and leaves victims more damaged than
when they entered the courtroom. She has many times been in robust favor of large corporations
and insurance companies.
View Detai Send e-mai to this poster 1/25/2014 8:41 ;58 AM
- 'Civil Litigation - Private
Comment* NY5132
Rating:1.8
Comments:
She is a very corrupt judge who ignores the law completely, and abuses and intimidates the
litigants. She is untruthful, and prefers not to be on the record. She refuses to write her orders
down, which means that they can be changed easily. She prevents victims of corruption from
speaking, and instead only allows her favorites to speak in court.
View Delaa Send e-maB to this posterias/2014 H-77-34 AM
.'" Civil Litigation - Private
Comment*: NY4806
RaUng:1.1
Comments:
I really have to fault the political institutions which allow a person of such odd temperament and low
intellect to reach the bench. She simply has no business deciding cases which criticially impact
upon people's lives. She is too lazy to read papers, which she probably could not comprehend in
any event, and turns oral argument into a farce. Everyone in the courtroom is laughing and crying
inside.
View Deta3 Send g-mai to this postera/26/2013 m-nci-??AM
' ' : Civil Litigation - Private
Comment*: NY4745
Rating:1.5
Comments:
Judge Bayne is biased. She does not read the motion papers. Therefore, she allows people to
argue who have not submitted papers. Her arbitrary decisions disgrace the court.
View Petal Send e-mail to this poster8/29/2013 3:01:35 PM
'-' Civil Litigation - Private
Comment ft NY4335
http://w,w.therobi ng room.eom/N ewYork/J udg e.aspx?lD=105#28265 3/7
7/22/2014 "The Robing Room: NY State Judges
Rating:1.2
Comments:
Truly one of the worst judges in Kings county. If you are assigned to her for trial, be prepared to
enter an alternate universe. Police officers are not allowed to testify because "they should be on the
street protecting us". You cannot mention injuries when opening on your damages case.
View Detai Send e-maB to this poster3/an/?rH3 in-da-if; AM
-^'Civil Litigation - Private
Comment*: NY4218
Rating:1.0
Comments:
Awful judge. She has no regard for the law. She is a disgrace and should be forced into early
retirement.
View Detail Send e-mail to this poster?;in/7ni3 7'i7-3n PM
';-:' Civil Litigation - Private
Comment #: NY3521
Rating:1.8
Comments:
Terrible judge. Does not know or follow the law. Motion argument is an absolute joke. She rarely
understands the arguments of either side. If you appear before her - good luck! It is an absolute
crap-shoot.
She has no place on the bench.
View DetaS Send e-mail to this poslerT/an/MI? B-31-ni AM
-;'Civil Litigation - Private
Comment* NY2619
Rating: Not Rated
Comments:
I think the best thing you could say about Justice Bayne is that she is passionate about what she
does. However, she goes way o\erthe top on occasion, standing up, smacking her hand on the
bench, yelling at lawyers and litigants and being insulting.
View Dela3 Send e-mail to this poster 1?;iH/9nn A-4A-ifi FM
- 'Civil Litigation - Private
Comment ft NY2459
RaUng:1.0
Comments:
If i could ha\ rated her a zero I would have... Her temperament alone makes her unqualified to be a
judge; the only thing worse than her temperament is her inability to see both sides of an issue. Her
ineptitude not only damaged my client, but damaged the opposing side as well. I have never written
anything negati\ about a judge prior to this, her record should be reviewed and she should be
impeached or otherwise removed from her post.
View DelaH Send e-mail to this posterl Q/13/2011 11:17:12 AM
3 CM Litigation - Private
Comment #. NY2327
Rating:1.6
Comments:
Insists upon oral argument on all motions so that she does not ha\ to read motion papers. She
utterly fails, however, to listen to the argument. She cannot remember which side is which, mixes
their arguments, and rules on the spot from the bench. After arguing in front of her, she granted my
motion. The adversary objected since she seemed to agree with him during the whole argument.
http:/AAMW.therobing roorncom/N ewYork/J udg e.aspx?ID=105#28265 4/7
7/22/2014 "The Robing Room: NY State Judg es
Her response, "Well then I mean the opposite of what I just said. That's my ruling. Go away."
No matter what side you're on, this judge is always an unlucky draw.
View Petal Send e-mail to this postera/9/;rn 1 2:35:25 FM
C' Civil Litigation - Private
Comment* NY2109
Rating:1.4
Comments:
She actually told two attorneys who argued their motions before me that she would "spank" them.
She lacks the temperament and knowldge to be a judge.
View Petal Send e-maB to this poster fi/adffm 1 3:34:07 PM
'-CivilLitigation - Private
Comment* NY1890
Rating:1.4
Comments:
She is a disgrace and should be removed from the bench. She makes a mockery of the New York
judicial system. What kind of judge makes an attorney sit in a comer when she doesnt like the
argument that she was making? I witnessed this before arguing a case before this judge.
View PetaB Send e-mail to this poster2/27/jm-1 1:41:20 PM
' - : CivB Litigation - Private
Comment* NY1773
Rating:2.8
Comments:
Awful judge. Ignores the law. Complete joke.
Send e-mail to this poster in 4/M1H 17'77-?5 m
' Civil Litigation - Private
Comment* NY1757
Rating:1.9
Comments:
Yelled, screamed, refused to follow rules of evidence, procedure, caselaw. Said "shut up" or "be
quiet" if you object. Horrible.
View Petal Send e-maatothisposter1/S/2ni1 1:13:52 PM
' -Criminal Defense Lawyer
Comment* NY1657
Rating: Not Rated
Comments:
Had to call her part under the new deposition rules, which require you to obtain a judicial ruling at
the time of the deposition rather than object and refuse to allow your witness to answer. Her law
clerk advised, "The judge doesnt do rulings." Well what on earth does she do?
View PetaB Send e-maSto this poster 11/11/201 n 1?:-lfl-J4 PM
OCivil Litigation - Private
Comment* NY1624
Ratlnsr.1.3
http:/AMAW.therobi ng roorncom/N ewYorkAJ udg e. aspx?ID=105#28265
5/7
7/22/2014 "The Robing Room: NY State Judges
Comments:
Worst judge I have ever appeared before in all my years of practice. When I appeared at an
Appellate Division conference, the presiding justice even admitted they had no idea what to do with
her. No knowledge of the law and clearit a policital appointment. New York should be ashamed.
View Detail Send e-mail to this poster 1 n/71 /7m n 1 n-i o-qn A ^
' -Ci vi l Litigation - Private
Comment #: NY1440
Rating:2.5
Comments:
Terrible Judge. In my opinion she should not be sitting on the bench.
Send e-mail to this poster7/2D;;ni 0 1 :3B:18 PM
' .-Civil Litigation - Govt.
Comment* NY1342
Rating:1.0
Comments:
Very simple-minded. Ex-partes are not unethical in her head. Doesnt hear your arguments - you
have to repeat yourself over and over, and if she catches on, you are lucky. If you're unlucky, she
will scream at you. If you can, con up any kind of excuse to get the case reassigned out of her
part, tf you cant, go to trial just to get out of her part. If she IS the trial judge, make sure all of your
objections are carefijlly and exhaustively noted in the record. That's the kind of woman she is.
View Detai Send e-mail to this poslera/Rgmn g-3?-3R PM
. --Civil Litigation - Private
Co mme n t * N Y 788
Rating:2.4
Comments:
The single worst trial experience in my 25 years in practice. Completely ignorant of the rules of
evidence (wouldn't let me cross the defendant from his deposition transcript). Was mean-spirited
and abusive. Intolerant of attempts to get her to reconsider her awful rulings.
View DelaB Send e-mail to Ms DoslerS/MPfina 9:58:14 AM
. " -Ci vi l Litigation - Private
Comment #. NY568
Rating:5.0
Comments:
Does not have any expectation or regard for standards of professionalism between counsel and will
not enforce the new deposition rules.
View Detail Send e-mail to this poslerg/?R/?nnR 5:15:02 FM
http://wwv.therobingroom.corrVNewYork/Judge.aspx?lD=105*28265 e/7
7/22/2014 "The Robing Room: NY State Judges
http:/AwMW.therobingrooracom/NewYork/Judge.aspX7ID=105#28265 7/7
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
INDEX NO. 19478/13
MICHAEL KRICHEVSKY,
Plaintiff;
AFFIDAVIT OF MAIL
-against- SERVICE
YONATAN LEVORITZ, VICTOR KATKALOV, JOHN
FAS ONE, PAULA HEFNER, ROBERT RATANSKY, unknown
clerk of JOHN FASONE, ELENA SVENSON,
Defendants.
STATE OF NEW YORK
COUNTY OF KINGS
Nelli Frid, being duly sworn, says:
I am not a party to the action; I reside at Brooklyn, New York, and I am over 18 years of
age.
On the 29 day of August, 2014 ,1 served the within Notice of Cross-Motion to Disqualify
and Stay with Supporting Affidavit, by depositing true copies thereof, enclosed in a post-paid
wrapper, in an official depository under the exclusive care and custody of the United States Postal
Service within New York State, addressed to the following at the last known address set forth
below:
L'ABBATE BALKAN COLAVITA & CONTINI, LLP
1001 Franklin Avenue
Garden City, New York 1153 0
ATTORNEY GENERAL OF THE STATE OF NEW YORK
120 Broadway
New York, New York 10271
NELLI FRID
Sworn to before me
on August 29, 2014
ALICE ASH EH
iOTARY PUBLIC, State of New York
No.01AS606220
Q ual i fi ed in Kings County
. nission Expires Jul y 30, 201 7