Family Court Transcript John M Fasone 02, 25, 14

FAMILY COURT OF THE CITY OF NEW YORK
COUNTY OF KINGS
---------------------------------------------x
In the Matter of:
ELENA SVENSON,
Petitioner Docket Number

F 28901-08/13F
- against -
MICHAEL KRICHEVSKY,
Respondent
---------------------------------------------x
February 25, 2014
330 Jay Street
New York, NY 11201
BEFORE: HONORABLE FASONE

Support Magistrate
APPEARANCES: ELENA SVENSON

Petitioner
MICHAEL KRICHEVSKY
Respondent
TRANSCRIBER: KARLA J. FISCHER
MECHANICAL SECRETARY, INC.

MOLLY'S PROFESSIONAL TYPING SERVICE
108-16 72nd Avenue
Forest Hills, New York 11375
(718) - 268-7900
INDEX 2
WITNESSES DIRECT CROSS RE-DIRECT RE-CROSS
No Witnesses Examined
E X H I B I T S
DESCRIPTION I.D. IN. EV.
No Documents Submitted/Received
Colloquy 3
1 [Audio CD, counter 12:23:45 p.m.]
2 COURT OFFICER: This is number 24 on the
3 calendar in the matter of Krichevsky.
4 All parties, raise your right hands. Do
5 you swear or affirm to tell the truth in all matters
6 before this court?
7 MS. SVENSON: I do.
8 ELENA SVENSON, a witness herein,
9 was examined and testified as follows:
10 COURT OFFICER: Your name, your complete
11 address and your social.
12 MS. SVENSON: Elena Svenson, 2620 Ocean
13 Parkway, 3-K, 11235, 088-74-546.
14 COURT OFFICER: Thank you. Have a seat,
15 please.
16 SUPP. MAG. FASONE: Sir, are you willing to
17 be sworn in?
18 I know it's been an issue for you in the
19 past.
20 MR. KRICHEVSKY: I file special appearance.
21 SUPP. MAG. FASONE: Well, we'll get to that
22 in a minute but I need you to raise your right hand
23 and swear or affirm to tell the truth at today's
24 proceeding.
25 MR. KRICHEVSKY: I'm not gonna tell the

Colloquy 4
1 truth.
2 I'm not gonna tell at all anything.
3 COURT OFFICER: Take the gum out of your
4 mouth, sir, please.
5 SUPP. MAG. FASONE: So, again, sir, you' re
6 refusing to take the oath and you're refusing to give
7 your name, address and social?
8 MR. KRICHEVSKY: Yes.
9 SUPP. MAG. FASONE: All right. Fine. Have
10 a seat.
11 The purpose of appearing before me today
12. though for the record appears to be the respondent,
13 Michael Krichevsky, who's appeared several times -

~
14 many times in the past.
15 All right. Urn, this is a new petition
16 filed by Miss Svenson alleging a violation of the
17 existing order.
18 Ma'am, you were directed to serve Mr.
19 Krichevsky before today's date.
20 Was he served?
21 MS. SVENSON: Yes.
22 SUPP. MAG. FASONE: Do you have the proof
23 of service with you?
24 All right. And I am looking at a sheriff's
25 certificate of service reporting service upon a Mr.

Colloquy 5
1 Gina, landlord of 4221 Atlantic Avenue in Brooklyn
~'
2 with subsequent mailing to Mr. Krichevsky directed to
3 him at the same address.
4 Sir, clearly, you got some sort of notice
5 to be here today.
6 Was it through this Mr. Gina?
7 MR. KRICHEVSKY: I'm here.
8 SUPP. MAG. FASONE: So you're voluntarily
9 submitting yourself to the court's jurisdiction?
10 MR. KRICHEVSKY: No.
11 SUPP. MAG. FASONE: You're admitting you
12 were served?
13 MR. KRICHEVSKY: I am under threat to be
14 arrested.
15 You threatened me last time if I do not
16 come, you will arrest me and that's why I'm here.
17 SUPP. MAG. FASONE: If you're talking about
18 December 10, sir, you weren't here, so I couldn't
19 have threatened you.
20 MR. KRICHEVSKY: No, I got paper that says
21 that I will be arrested.
22 SUPP. MAG. FASONE: Well, that's a notice
23 that they put all the paperwork indicating that the
24 court finds it has jurisdiction, in other words,
25 you've been served.

Colloquy 6
1 You are subject to a warrant of arrest.
~ 2 MR. KRICHEVSKY: Yes, and I - I object to
3 your jurisdiction and I challenge it.
4 And since I'm challenging now the court has
5 on the record to prove jurisdiction.
6 And petitioner has also on the record to
7 prove jurisdiction.
8 SUPP. MAG. FASONE: Well, I have the
9 affidavit alleging service.
10 You're here today presumably in response to
11 that.
12 I can make a finding that you've been -
13 you've been served.
14 Here's the thing, sir. Addressing the
15 paperwork that was apparently submitted to the
16 clerk's office yesterday afternoon?
17 MR. KRICHEVSKY: Yes, I did.
18 SUPP. MAG. FASONE: Which purports to be
19 notice of special appearance under protest, threat,
20 duress and coercion.
21 Under the CPLR, sir, you have two options
22 here.
23 If you are challenging personal
24 jurisdiction, meaning if you - you can make a special
25 appearance for the purpose to challenge personal

Colloquy 7
1 jurisdiction, in other words, that you were served,
i--\ 2 if you are challenging the court's subject matter
3 jurisdiction to hear the matter, that can be done on
4 a motion to dismiss.
5 We've been through all this before, sir.
6 The court clearly has subject matter jurisdiction.
7 Unless I hear something from you one way or
8 the other, I'm gonna take that the fact that I have
9 the affidavit of service, plus your appearance here
10 today and make a finding that the court has personal
11 jurisdiction to proceed in this matter.
12 Is there anything you wanna say about that?
13 MR. KRICHEVSKY: Did you read the paper
14 that I filed?
15 SUPP. MAG. FASONE: I glanced at it, why?
16 MR. KRICHEVSKY: Did you read the affidavit
17 that I filed?
18 SUPP. MAG. FASONE: I glanced at it. Why
19 do you ask?
20 MR. KRICHEVSKY: Well, if you glanced, then
21 you didn't read it and maybe you should adjourn and
22 read it because I -
23 SUPP. MAG. FASONE: Maybe you should stop
24 telling me what I need to do.
25 MR. KRICHEVSKY: Well, when I - okay, then

Colloquy 8
1 do whatever you want.
2 SUPP. MAG. FASONE: I'm just asking you,
3 sir, to answer a simple question.
4 MR. KRICHEVSKY: You never read my
5 paperwork.
6 What's the point?
7 SUPP. MAG. FASONE: Because we've gone
8 through this so many times before -
9 MR. KRICHEVSKY: That's right.
10 SUPP. MAG. FASONE: - sir, I don't really
11 feel the need.
12 MR. KRICHEVSKY: Everything is here void.
13 SUPP. MAG. FASONE: You're not (Inaudible)
14 anything new.
15 It's always the same thing.
16 MR. KRICHEVSKY: Your order of
17 February 23 - February 3, 2010 is void.
18 June 4 - everything is void.
19 SUPP. MAG. FASONE: We've gone through this
20 before, sir.
21 MR. KRICHEVSKY: Okay. So whatever. You
22 do what - what you - what you did before.
23 SUPP. MAG. FASONE: All right. I'm finding
24 the court has jurisdiction to proceed.
25 MR. KRICHEVSKY: Okay.

Colloquy 9
1 SUPP. MAG. FASONE: Before we start
2 today's hearing, I do have to advise both parties
3 that you do specifically have the right to request an
4 adjournment to either hire or speak to an attorney to
5 represent you or you can waive that right and speak
6 for yourselves.
7 Miss Svenson, how do you choose to proceed
8 here?
9 MS. SVENSON: For myself, I'm
10 (Indiscernible).
11 SUPP. MAG. FASONE: You're gonna speak for
12 yourself today -
14 SUPP. MAG. FASONE: - as your own attorney?
15 MS. SVENSON: I'm for myself.
16 SUPP. MAG. FASONE: And, you, sir, Mr.
17 Krichevsky?
18 Gonna hire an attorney -
19 MR. KRICHEVSKY: I waive - I waive oral
20 argument.
21 Everything I want to be in writing.
22 SUPP. MAG. FASONE: You what?
23 MR. KRICHEVSKY: Everything must be in
24 writing.
~
25 SUPP. MAG. FASONE: What are you talking
Colloquy 10
1 about?
2 MR. ~RICHEVSKY: Read my paperwork. You
3 glanced.
4 SUPP. MAG. FASONE: Sir, sir, I don't have
5 to read your paperwork.
6 MR. KRICHEVSKY: Oh, so you make an order
7 without reading my paperwork.
8 Let the record recle - reflect that Judge
9 Fasone admits that he doesn't read my paperwork and
10 then he makes some findings without my paperwork.
11 SUPP. MAG. FASONE: This - pursuant to the
12 CPLR, this is a special proceeding.
13 No answers, responding paperwork is
14 required or necessary.
15 That's why I'm not reading your paperwork.
16 There's no answer that's necessary.
17 I told you what your options were. You
18 either request - make a special appearance to
19 challenge court's jurisdiction.
20 You've waived that hearing or you make a
21 motion to (Inaudible).
22 MR. KRICHEVSKY: I did not waive, okay?
23 First of all -
24 SUPP. MAG. FASONE: Well, I'm finding that

-~
25 you waived it because you refused to answer my

Colloquy 11
1 questions.
2 MR. KRICHEVSKY: No, I didn't waive it,
3 okay?
4 And if you read my paperwork, then you -
5 you supposed to rebut my affidavit.
6 SUPP. MAG. FASONE: (Inaudible) I don't.
7 MR. KRICHEVSKY: You're my witness in
8 another case.
9 SUPP. MAG. FASONE: (Inaudible) sir,
10 again - once again, answers, responding papers are
11 not required pursuant to the CPLR.
13 SUPP. MAG. FASONE: I don't have to read
14 it.
15 MR. KRICHEVSKY: Why do I have to follow
16 CPLR when you do not follow CPLR?
17 SUPP. MAG. FASONE: Well, sir, everything
18 here is reviewable.
19 As you know, since you filed several
20 (Inaudible) .
21 MR. KRICHEVSKY: But you have no right to -
22 to do anything because all your ord - order is void.
23 You in contempt of two courts.
24 SUPP. MAG. FASONE: I know.

~
25 MR. KRICHEVSKY: You did not appear for my
Colloquy 12
1 subpoena in Bankruptcy Court and you didn't
2 follow -
.3 SUPP. MAG. FASONE: I was never -
4 MR. KRICHEVSKY: - ju -
5 SUPP. MAG. FASONE: Sir, look, you can't
6 subpoena me to testify in a court proceeding.
7 I never was served with a subpoena.
8 MR. KRICHEVSKY: You never - you were never
9 served?
10 SUPP. MAG. FASONE: I was never served.
11 MR. KRICHEVSKY: Okay. I move for an
12 adjournment.
13 I will show it to you.
14 SUPP. MAG. FASONE: What, sir?
15 MR. KRICHEVSKY: It's on the record. I
16 have witnesses.
17 SUPP. MAG. FASONE: But this has nothing
18 to - well, number one, you never filed in Bankruptcy.
19 Can we get that out of the way? You never
20 filed a petition seeking relief from bankruptcy.
21 MR. KRICHEVSKY: No, but I am plaintiff
22 over there and you my witness against her.
23 SUPP. MAG. FASONE: I'm not your witness
24 for anything.
~
25 MR. KRICHEVSKY: I chu -
Colloquy 13
1 SUPP. MAG. FASONE: I'm the magistrate
2 who is here to determine your case.
3 MR. KRICHEVSKY: Bankruptcy -
4 SUPP. MAG. FASONE: (Inaudible) .
5 MR. KRICHEVSKY: Bankruptcy Court issued
6 subpoena.
7 SUPP. MAG. FASONE: But, sir, you never
8 filed a (Inaudible) -
9 MR. KRICHEVSKY: Why you interrupting me?
10 SUPP. MAG. FASONE: - to relieve.
12 SUPP. MAG. FASONE: Because I can and I
13 have to move this along.
14 MR. KRICHEVSKY: Okay, you can, yeah. You
15 can do -
16 SUPP. MAG. FASONE: If I don't wanna make -
17 MR. KRICHEVSKY: - anything.
18 SUPP. MAG. FASONE: - sir, you have a habit
19 of trying to cloud the record.
20 You never filed a petition of bankruptcy.
22 SUPP. MAG. FASONE: So don't raise that.
23 MR. KRICHEVSKY: I'm gonna remain silent.
24 SUPP. MAG. FASONE: I don't - as long as
25 you're not interrupting me, sir, disrupting the

Colloquy 14
1 proceedings, you can do as you choose but I wanna
2 make it very clear, you have never filed a petition
3 of bankruptcy.
4 MR. KRICHEVSKY: She did.
5 SUPP. MAG. FASONE: Fine. I clarified that
6 with Miss Svenson last time but unless and until you
7 do, this court has jurisdiction to continue on this
8 petition seeking enforcement.
9 I still haven't got an answer for you, sir.
10 You're speaking for yourself today or you wanna hire
11 an attorney?
12 MR. KRICHEVSKY: Did you read my paper?
13 SUPP. MAG. FASONE: That doesn't answer my
14 question -
15 MR. KRICHEVSKY: That's the answer.
16 SUPP. MAG. FASONE: - does it?
17 MR. KRICHEVSKY: It does answer -
18 SUPP. MAG. FASONE: (Inaudible) sir,
19 other -
20 MR. KRICHEVSKY: It does answer your
21 question.
22 SUPP. MAG. FASONE: - for that, the only
23 way I intend to.
24 I glanced at it. There's nothing new.
25 It's not required that I re - that I read it.

Colloquy 15
2 SUPP. MAG. FASONE: So I'm not gonna look
3 at i t any further.
4 Are you gonna speak for yourself today as
5 your own attorney -
6 MR. KRICHEVSKY: I am speaking for myself
7 and I'm not speaking today.
8 SUPP. MAG. FASONE: When do you wanna
9 speak?
10 MR. KRICHEVSKY: I waived oral argument.
11 SUPP. MAG. FASONE: There is no oral
12 argument.
13 MR. KRICHEVSKY: You're forcing me -
14 SUPP. MAG. FASONE: I'm not an attorney,
15 sir.
16 MR. KRICHEVSKY: You forcing me to speak.
17 SUPP. MAG. FASONE: We're having a hearing.
18 MR. KRICHEVSKY: I don't wanna speak.
19 She - she supposed to answer.
20 She's supposed to rebut my accusation.
21 SUPP. MAG. FASONE: There is no position.
22 MR. KRICHEVSKY: I said accusation.
23 SUPP. MAG. FASONE: All right. But in any
24 event, both parties have on the table in front of
25 them a statement prepared by support collections unit

Colloquy 16
1 regarding the status of the account.
2 If you will flip over the first page of the
3 statement, please, to section 3, amount delinquent on
4 page 3 of 5, support coll - are you gonna turn the
5 page over, sir, or no?
6 I'm doing this for your benefit, not mine,
7 sir.
8 MR. KRICHEVSKY: This is no - you did it
9 for your benefit.
10 My benefit -
11 SUPP. MAG. FASONE: Sir, are you -
12 MR. KRICHEVSKY: You destroy my life.
13 SUPP. MAG. FASONE: - gonna turn the page
14 over or no?
15 MR. KRICHEVSKY: No.
16 SUPP. MAG. FASONE: Miss Svenson has done
17 it.
18 The record reflects Mr. Krichevsky is - is
19 declining to flip the first page over to read the
20 section, did not report section (Inaudible) -
21 MR. KRICHEVSKY: You have no jurisdiction
22 over me.
23 SUPP. MAG. FASONE: Support collections
24 unit is reporting current arrears of $108,618.73.
25 The last payment reported received in the

Colloquy 17
1 account was January 2013 when 5,642.39 was .
~ 2 taken from a stock trade account.
3 No payments have been made since. Have
4 you received anything, ma'am, since January 22 -
5 MS. SVENSON: No.
6 SUPP. MAG. FASONE: - 2013 -
7 MS. SVENSON: No.
8 SUPP. MAG. FASONE: - from Mr. Krichevsky
9 towards satisfaction of this order?
10 MS. SVENSON: No, I didn't.
11 SUPP. MAG. FASONE: Nothing at all.
12 MS. SVENSON: No.
13 SUPP. MAG. FASONE: All right. Have you
14 made any payments, sir, since January 22, 2013?
15 Yes or no?
16 MR. KRICHEVSKY:
17 SUPP. MAG. FASONE: What's that look
18 supposed to mean?
19 It's a yes or a no question, sir.
20 MR. KRICHEVSKY: . In writing.
21 SUPP. MAG. FASONE: You're declining to
22 answer the question.
23 MR. KRICHEVSKY: Yes, I will answer
24 everything in writing.
25 SUPP. MAG. FASONE: What do you mean you're

Colloquy 18
1 gonna answer everything in writing?
.~
2 You wanna submit written testimony?
3 MR. KRICHEVSKY: . I demand -
4 SUPP. MAG. FASONE: Demand what?
5 MR. KRICHEVSKY: Whatever is written over
6 there.
7 Your oath of office, your official bond and
8 so on.
9 SUPP. MAG. FASONE: I don't know what
10 you're talking about half the time but my -
11 MR. KRICHEVSKY: You don't know because you
12 didn't read.
13 SUPP. MAG. FASONE: If I ever - sir, look,
14 I don't really remember, it was a long time ago, if I
15 ever signed an oath -
17 SUPP. MAG. FASONE: - office, it's a public
18 record and it can be obtained through the Freedom of
19 Information Law -
20 MR. KRICHEVSKY: It doesn't exit because I
21 ask and they don't have it.
22 SUPP. MAG. FASONE: Then I didn't sign one.
23 So what do you want from me?
24 MR. KRICHEVSKY: Then you impersonating
25 public officer.
Colloquy 19
1 SUPP. MAG. FASONE: Fine.
2 MR. KRICHEVSKY: You fraud here. You have
3 no right to be here.
4 SUPP. MAG. FASONE: Excellent. Moving
5 right along, no payment submitted since January 2013.
6 Ma'am, let me ask you something. Way back
7 when, when this case first started -
8 MS. SVENSON: Uh-huh.
9 SUPP. MAG. FASONE: - you had an attorney.
10 There were representations made about properties that
11 you and Mr. Krichevsky owned in common?
12 MS. SVENSON: Yes, Oshana, Condemio Oshana.
13 SUPP. MAG. FASONE: I'm sorry. The what?
14 MS. SVENSON: We both own, uh, Condemio
15 Oshana.
16 We both, uh, owners.
17 SUPP. MAG. FASONE: Of a?
18 MS. SVENSON: Oshana Condemio.
19 SUPP. MAG. FASONE: I'm not understand - a
20 condominium?
21 MS. SVENSON: Yes, condomino - condo.
22 SUPP. MAG. FASONE: What's the address of
23 that condominium?
24 MS. SVENSON: Um, I got - it's on Brighton
25 Beach Avenue.
Colloquy 20
1 It - my God, I forgot (Inaudible).
2 SUPP. MAG. FASONE: 'Cause I remember there
3 was some talk about a, um -
4 MS. SVENSON: The -
5 SUPP. MAG. FASONE: - a partition action
6 being -
7 MS. SVENSON: By the way, there are tenants
8 live there and Krichevsky collect money from 2010
9 about three thousand, uh, dollars.
10 SUPP. MAG. FASONE: So you're saying you
11 and Mr. Krichevsky own a condominium -
13 SUPP. MAG. FASONE: - together in Brighton
14 Beach.
16 SUPP. MAG. FASONE: And that -
17 MS. SVENSON: Right now -
18 SUPP. MAG. FASONE: - condominium is you
19 rented out -
21 SUPP. MAG. FASONE: - to a tenant?
22 MS. SVENSON: Yes, from two thou -
23 SUPP. MAG. FASONE: How do you know?
24 MS. SVENSON: I was there.
25 SUPP. MAG. FASONE: Well, that was a number

Coll~quy 21
1 of years ago.
t"'\ 2 MS. SVENSON: I tried to get in, uh, couple
3 years ago and I was there again a couple of months
4 ago.
5 They didn't open but there were people
6 there.
7 And I spoke with, uh - uh, I want to
8 management.
9 I spoke with, uh, manager. He told me that
10 there are people live there but there are no
11 official, uh, paper.
12 So there are no official agreement in the
13 office.
14 SUPP. MAG. FASONE: Well, if it's a
15 condominium, they wouldn't - I mean they wouldn't
16 have to prove tenants.
17 That's something that the owner or owners
18 could do -
19 MS. SVENSON: But they live there.
20 SUPP. MAG. FASONE: - independent.
21 MS. SVENSON: Yes. I ask them the same
22 question, how it's possible that, uh, it's
23 condominium and there are people live there and then
24 there are no official agreement.
25 SUPP. MAG. FASONE: But you and

Colloquy 22
1 Mr. Krichevsky still own this condominium together?
2 MS. SVENSON: Yes.
3 SUPP. MAG. FASONE: Or was that resolved in
4 the courts?
5 MS. SVENSON: No, it's still together.
6 SUPP. MAG. FASONE: Did you ever file a
7 partition action to have the court decide how the
8 property was gonna be divided between you and Mr.
9 Krichevsky?
10 MS. SVENSON: Uh, actually the question in
11 Bankruptcy Court.
12 It's, uh, this question went to the race.
13 SUPP. MAG. FASONE: Well, since this issue
14 has been raised, you filed a petition of bankruptcy.
16 SUPP. MAG. FASONE: You're seeking relief
17 from a debt.
19 SUPP. MAG. FASONE: Are we talking about a
20 mortgage on the condominium?
22 SUPP. MAG. FASONE: Any other debts that
23 you're trying to get - have, um -
24 MS. SVENSON: I arrest.
25 SUPP. MAG. FASONE: Right, well, you - you

Colloquy 23
1 can't -
2 MS. SVENSON: Well, the issue was that he

/~
3 ha - he opened in two thousand, uh, one, a medical
4 office, Norfolk Medical Office.
5 He was owner of medical office and law
6 office but he opened in my name and I -
7 SUPP. MAG. FASONE: But he opened it in
8 your name.
9 MS. SVENSON: Yes.
10 SUPP. MAG. FASONE: How did he do that?
11 MS. SVENSON: To - I was - I was -
12 SUPP. MAG. FASONE: He would have had to -
13 MS. SVENSON: - some like secretary.
14 SUPP. MAG. FASONE: - have planned
15 something.
16 MS. SVENSON: So now I own to arrest money.
17 He collected money but I own -
18 SUPP. MAG. FASONE: Well, tax debts -
19 MS. SVENSON: - so I -
20 SUPP. MAG. FASONE: - can't be discharged
21 in bankruptcy.
22 MS. SVENSON: I know.
23 SUPP. MAG. FASONE: I mean possibly a
24 mortgage can.
25 MS. SVENSON: I find out it's already.

Colloquy 24
1 SUPP. MAG. FASONE: But you - so you're
~ 2 saying the - you're - you have tax debts and this
3 mortgage debt.
4 MS. SVENSON: Yes, and Krichevsky suing me
5 for $1 million in Bankruptcy Court.
6 SUPP. MAG. FASONE: Well, you don't - you
7 can't sue for monetary damages in Bankruptcy Court.
8 MS. SVENSON: But he is. I don't know her.
9 I don't know.
10 SUPP. MAG. FASONE: Well, that - if that's
11 the ca - that's gonna be dis -
12 MS. SVENSON: He file petition -
13 SU~P. MAG. FASONE: - that's gonna be
14 dismissed immediately.
15 MS. SVENSON: - for he - for emotional, uh,
16 pro - emotional problem.
17 SUPP. MAG. FASONE: Yeah, but Bankruptcy
18 Court -
19 MS. SVENSON: I called -
20 SUPP. MAG. FASONE: - has no jurisdiction
21 to do that.
22 MS. SVENSON: I hope so.
23 SUPP. MAG. FASONE: There were no monetary
24 damages awardable in Bankruptcy Court.
25 MS. SVENSON: I hope so but -

Colloqny 25
1 SUPP. MAG. FASONE~ Do you have an
~ 2 attorney working on that?
3 MS. SVENSON: Yes.
4 SUPP. MAG. FASONE: You do?
5 MS. SVENSON: Yes.
6 SUPP. MAG. FASONE: All right. But you
7 have this - this - you're trying to get the mortgage
8 on the condominium dis - discharged in Bankruptcy.
9 MS. SVENSON: Yes.
10 SUPP. MAG. FASONE: But, again, this one
11 property, this one condominium, that's the only
12 property you own - you own jointly with Mr.
13 Krichevsky?
14 MS. SVENSON: Yes - yes.
15 SUPP. MAG. FASONE: And, once again, it's
16 your belief that it's currently being rented to a
17 tenant.
18 MS. SVENSON: Yes, I know.
19 SUPP. MAG. FASONE: And when did this
20 conversation with the management office happen?
21 MS. SVENSON: First, it was in December
22 2011.
23 SUPP. MAG. FASONE: Two years ago.
24 MS. SVENSON: Yes. And about a coup - few
25 months ago, I was there again and nobody helping me

Colloquy 26
1 but there were lights there.
2 SUPP. MAG. FASONE: . Do you have any
3 information about any other properties owned by Mr.
4 Krichevsky presently that might be earning an income
5 or do you have any information regarding other income
6 he might be earning on his own?
7 MS. SVENSON: I just know one thing. For
8 within last two years, he change fa - the fence
9 around his two-family houses twice.
10 He purchases car in December 2012.
11 SUPP. MAG. FASONE: Let me stop you there.
12 Do you think he owns a two-family home?
13 Whose phone is that? Folks, you gotta turn
14 off the phone.
15 You know better. Is that off? It's off
16 now?
17 Sir?
18 MR. KRICHEVSKY: It is off.
19 SUPP. MAG. FASONE: All right. You think
20 he owns a two-family, a two-family home -
22 SUPP. MAG. FASONE: - somewhere?
24 SUPP. MAG. FASONE: Where is that located?

{ ~
25 MS. SVENSON: 4221 - but now it has two

Colloquy 27
1 numbers.
2 He's, uh, 4221 and another, uh, house
3 actually is going on very active, uh, working,
4 construction work over there.
5 SUPP. MAG. FASONE: Well, I remember some
6 testimony from prior times about an empty lot, a
7 vacant lot.
8 MS. SVENSON: It's not empty anymore.
9 SUPP. MAG. FASONE: There's a fr - there's
10 a building being built on it?
11 MS. SVENSON: No, uh, not yet, not hoping
12 but it's - i t ' s in process.
13 SUPP. MAG. FASONE: Construction has
14 started?
15 MS. SVENSON: I saw workers there.
16 SUPP. MAG. FASONE: You still?
17 MS. SVENSON: I saw, uh, construction -
18 SUPP. MAG. FASONE: Work being done?
19 MS. SVENSON: - workers, yes.
20 SUPP. MAG. FASONE: And it's - it's right
21 adjacent to the, um, the Atlantic Avenue address?
23 SUPP. MAG. FASONE: 'Cause the address
24 where you - you purportedly served Mr. Krichevsky,
25 4221 Atlantic Avenue, that's - when you say 4221,

Colloquy 28
1 that's the property you're referring to?
2 MS. SVENSON: Yes. And besides, all over
3 internet information that he is - owes to IRS for
4 2009, uh, $56,000.00 and he claims that he - what he
5 saw income tax for 2009?
6 SUPP. MAG. FASONE: Uh, well, that was -
7 MS. SVENSON: And 2000 - 2008.
8 SUPP. MAG. FASONE: I mean I think
9 they're - I have to review the record but I think
10 there was rental income reported on -
11 MS. SVENSON: I'm just asking court request
12 his income tax from IRS and everything going to the
13 clear.
14 He made it. I know. I live there. He
15 made it for 2008, for 2007, 2009, more than
16 $300,000.00.
17 SUPP. MAG. FASONE: Well, we're not talking
18 about his past earnings.
19 That - that's already been discussed and -
20 MS. SVENSON: He didn't pay, uh, what he's
21 supposed to pay for 2008 and for, uh, 2009.
22 SUPP. MAG. FASONE: Well, my order only
23 goes back to '0 9, I think.
24 MS. SVENSON: But he didn't pay for - he's
25 supposed to pay more than $2,000.00, uh, child

Colloquy 29
1 support for 2008.
2 SUPP. MAG. FASONE: Well, the starting
3 point on this petition is the point we left off on
4 the last one.
5 That would be July of 2011. So anything
6 before that really isn't relevant to this proceeding.
7 All right. But you told me about the
8 properties you think he owns, the - the income you
9 think he might have.
10 Anything else you wanna add, ma'am, with
11 respect to -
12 MS. SVENSON: He's hiding very well.
13 SUPP. MAG. FASONE: He's hiding or living?
14 I didn't hear.
15 MS. SVENSON: Hiding what he has.
16 SUPP. MAG. FASONE: But do you know -
17 MS. SVENSON: I don't know. I just told -
18 SUPP. MAG. FASONE: - anything more than
19 what you just told me?
20 MS. SVENSON: About car that he pur -
21 purchase i t for December 2012.
22 SUPP. MAG. FASONE: You know for a fact he
23 purchased a car in December 2012?
25 SUPP. MAG. FASONE: How do you know?

Colloquy 30
1 MS. SVENSON: Uh, from private
~ 2 investigator.
3 SUPP. MAG. FASONE: What?
4 MS. SVENSON: This was a private
5 investigator.
6 It was registered on his name.
7 SUPP. MAG. FASONE: Unless you're gonna get
8 somebody in here to testify from personal knowledge,
9 ma'am, I really can't accept that as . . as proof.
10 Anything else?
11 MS. SVENSON:
12 SUPP. MAG. FASONE: No?
13 MS. SVENSON: What can I say? He lives in
14 very -
15 SUPP. MAG. FASONE: I don't know what you
16 know.
17 MS. SVENSON: - very expensive house. He -
18 SUPP. MAG. FASONE: The one on Atlantic
19 Avenue.
20 MS. SVENSON: - has 1 - lavish life.
21 SUPP. MAG. FASONE: How do you know
22 anything about his lifestyle?
23 MS. SVENSON: I know from mutual friends.
24 He saw him a restaurant.
25 SUPP. MAG. FASONE: Well, again, unless

Colloquy 31
1 you're gonna bring in a witness to corroborate
~
2 that - but what - what, if anything, do you know from
3 your own personal knowledge?
4 MS. SVENSON: No, nothing.
5 SUPP. MAG. FASONE: Nothing.
6 MS. SVENSON: What a -
7 MR. KRICHEVSKY: She just said nothing.
8 Everything she says, she's lying.
9 SUPP. MAG. FASONE: Sir. Now you choose to
10 participate, to be rude and interrupt?
11 MR. KRICHEVSKY: I choose when I need.
12 SUPP. MAG. FASONE: No, you don't. Nobody
13 comes in here to be rude, sir.
14 Nobody's gonna interrupt you if you decide
15 to testify, so you don't interrupt anybody else.
16 Do you hear me? Common courtesy.
17 MS. SVENSON: Sir, I know just one, that
18 his son needs psychologist and I cannot provide
19 psychologist to him.
20 If he's sitting here and lying that he has
21 nothing.
22 SUPP. MAG. FASONE: Well, I haven't heard
23 any testimony from him, so I don't know what he's
24 gonna testify.
25 But you have to establish a certain - meet

Colloquy 32
1 a certain burden of proof, ma'am, on your petition.
~
2 The fact that he hasn't made the payments
3 is one thing, the fact that he might have -
4 MS. SVENSON: (Inaudible).
5 SUPP. MAG. FASONE: - resources available
6 to pay - pay support, that's a second.
7 MS. SVENSON: There are tenants in
8 condomiune.
9 SUPP. MAG. FASONE: Well, you told me about
10 that.
11 You believe there's a tenant. He owns
12 the - the vacant lot and the property at 4221
13 Atlantic Avenue.
14 And that seems to be - to be it.
16 SUPP. MAG. FASONE: All right. Do you care
17 to respond, Mr. Krichevsky, in any way to - to Miss,
18 uh, Svenson's testimony?
19 MR. KRICHEVSKY: Because I cannot afford to
20 pay three, four hundred, five hundred dollars for
21 report, for trans - transcription, that's why I
22 requested everything in writing and -
23 SUPP. MAG. FASONE: I still don't know what
24 you're talking about.
25 MR. KRICHEVSKY: You know what I'm talking

Colloquy 33
1 about.
2 SUPP. MAG. FASONE: No, I don't. You come
3 in here making these bizarre requests and you seem to
4 think everybody's supposed to respond to that.
5 I haven't got a clue what you want.
6 MR. KRICHEVSKY: Yeah, because you don't
7 read my paperwork.
8 You said it.
9 SUPP. MAG. FASONE: Well, why don't you
10 tell me, sir, face to face.
11 MR. KRICHEVSKY: Face to face?
12 SUPP. MAG. FASONE: Yes.
13 MR. KRICHEVSKY: I told you -
14 SUPP. MAG. FASONE: (Inaudible) exactly
15 what you -
16 MR. KRICHEVSKY: I told you many times.
17 You're shall I look on.
18 SUPP. MAG. FASONE: You what?
19 MR. KRICHEVSKY: Charlatan. Your orders
20 are fraudulent.
21 SUPP. MAG. FASONE: So you think you get
22 the right to come in here and call me names and
23 that's gonna help.
24 MR. KRICHEVSKY: That's not the point. The
25 point is -
Colloquy 34
1 SUPP. MAG. FASONE: Get your hand away
2 from your mouth, sir, and speak loudly and clearly -
3 MR. KRICHEVSKY: - you were supposed -
4 SUPP. MAG. FASONE: - please. Sir, take
5 your hand away from your face.
6 MR. KRICHEVSKY: The bottom line -
7 SUPP. MAG. FASONE: You don't - you don't
8 get the right to come in here and call me names, sir.
9 Regardless what your personal feelings -
10 MR. KRICHEVSKY: I am dragged here.
11 SUPP. MAG. FASONE: - might be, you don't
12 get that right.
13 MR. KRICHEVSKY: I didn't come here, okay?
14 I was dragged, okay, if I don't come, you gonna
15 arrest me.
16 SUPP. MAG. FASONE: (Inaudible) and you -
18 SUPP. MAG. FASONE: - voluntarily submit to
19 the court's jurisdiction.
20 MR. KRICHEVSKY: No, I did not voluntarily
21 submitted to the court jurisdiction.
22 SUPP. MAG. FASONE: All right. This is
23 what I'm gonna do, sir.
24 I'm gonna give you a chance to prepare
25 rationally, calmly a defense to Mrs. Svenson's

Colloquy 35
1 testimony.
2 But in the meantime, you're still under
3 court obligation to pay support.
4 You will not relieved of that obligation.
5 MS. SVENSON: May I say something?
6 SUPP. MAG. FASONE: What, ma'am?
7 MS. SVENSON: By the way, in Bankruptcy
8 Court, he, uh, requested deposition.
9 He deposed me twice.
10 SUPP. MAG. FASONE: Yeah?
11 MS. SVENSON: It costed about - around 400
12 to $800.00.
13 He had - he had money for deposition but he
14 doesn't -
15 SUPP. MAG. FASONE: Does Mr. - Mr.
16 Krichevsky have an attorney representing him in this
17 bankruptcy matter?
18 MS. SVENSON: No.
19 SUPP. MAG. FASONE: 'Cause I'm not even
20 sure how he's involved in that.
21 MS. SVENSON: He's my -
22 SUPP. MAG. FASONE: I mean he might be a
23 co-debtor.
24 MS. SVENSON: He's my main and only
25 creditor.
Colloquy 36
1 SUPP. MAG. FASONE: Meaning you owe money
2 to Mr. Krichevsky?
3 MS. SVENSON: I don't owe him anything but
4 he wants me to pay him of his deposition.
5 He had money for the pay - to pay for
6 deposition but he doesn't have money to pay his own
7 son.
8 SUPP. MAG. FASONE: Are you gonna go back
9 to see the judge in this bankruptcy proceeding?
11 SUPP. MAG. FASONE: When?
12 MS. SVENSON: No date yet.
13 SUPP. MAG. FASONE: They haven't given you
14 the date?
15 MS. SVENSON: No, not yet.
16 SUPP. MAG. FASONE: You're anticipating
17 one?
18 All right. So I'm gonna give you a chance
19 to - to present a - a - a coherent, intelligible
20 defense.
21 MR. KRICHEVSKY: My -
22 SUPP. MAG. FASONE: If you choose to hire
23 an attorney -
24 MR. KRICHEVSKY: - hearing -
25 SUPP. MAG. FASONE: - that's up to you.

Colloquy 37
1 MR. KRICHEVSKY: My coherent, intelligent
2 defense is your order is void.
3 She has to prove on the record -
4 SUPP. MAG. FASONE: But, sir -
5 MR. KRICHEVSKY: it is not void.
6 SUPP. MAG. FASONE: - that - that's
7 something -
9 SUPP. MAG. FASONE: Because I get to. If
10 that's gonna be -
11 MR. KRICHEVSKY: Every time you interrupted
12 me -
13 SUPP. MAG. FASONE: Sir -
14 MR. KRICHEVSKY: - that's why I ask to
15 everything to be on the record.
16 SUPP. MAG. FASONE: Sir, every time -
17 MR. KRICHEVSKY: Okay?
18 SUPP. MAG. FASONE: - you go off the path,
19 I have to pull you back.
20 If that's gonna be your defense, you're not
21 gonna get too far.
22 MR. KRICHEVSKY: Okay, that's - that's my
23 defense.
24 Your order is void.
25 SUPP. MAG. FASONE: You're gonna have to

Colloquy 38
1 prove, sir, that either you don't owe the money
2 that's being alleged or that you don't have the
3 financial - you never had the financial resources to
4 pay it.
5 MR. KRICHEVSKY: The burden is on you and
6 her to prove.
7 SUPP. MAG. FASONE: I don't have a burden
8 here.
10 SUPP. MAG. FASONE: I just make findings.
11 MR. KRICHEVSKY: All right. I know the law
12 and you did not rebut it and she did not rebut it.
14 MR. KRICHEVSKY: Just ignoring like you did
15 for year doesn't mean you're right.
16 SUPP. MAG. FASONE: (Inaudible) position -
17 express whatever opinion you want, sir -
18 MR. KRICHEVSKY: I know you have guns. I
19 don't - I don't.
20 That's why we -
21 SUPP. MAG. FASONE: I just have -
22 MR. KRICHEVSKY: - Second Amendment -
23 SUPP. MAG. FASONE: Sir, I just have to -
24 MR. KRICHEVSKY: - to defend from people
25 like you.
Colloquy 39
1 SUPP. MAG. FASONE: I just have to advise
~
2 you that if that's gonna be your defenses, you're not
3 gonna get too far since apparently you're
4 representing yourself.
5 MR. KRICHEVSKY: I had a lawyer and saw and
6 what did I get from the lawyer?
7 SUPP. MAG. FASONE: I don't know.
8 MR. KRICHEVSKY: You void order.
9 SUPP. MAG. FASONE: All right. I'm gonna
10 adjourn final for continued hearing but there will be
11 a direction from the court.
12 You're actually gonna get a written order
13 from me, written this time -
14 MR. KRICHEVSKY: Yes.
15 SUPP. MAG. FASONE: - respondent father is
16 directed -
17 MR. KRICHEVSKY: I'm telling you if - if my
18 affidavit is not rebutted, I'm not gonna say
19 anything.
20 You could put me in jail.
21 SUPP. MAG. FASONE: No last -
22 MR. KRICHEVSKY: But I'm not gonna do
23 anything.
24 SUPP. MAG. FASONE: Now you gotta listen.
25 No less than $2,045.00 monthly. . plus an

Colloquy 40
1 additional 50 percent towards what you owe,
2 thousand twenty two fifty.
3 If you were working on the books, sir,
4 that's what the support collections unit would be
5 charging you, so I don't see any reason to treat you
6 any differently than anybody else who walks through
7 that door.
8 Towards arrears. So that'll be a total of
9 three thousand sixty seven fifty per month until the
10 time you come back to see me.
11 And next payment on this account is due
12 March 15.
13 This is all effective March 15. Interest
14 use account . . pending the adjourn date.
15 Do you anticipate hiring new counsel, sir,
16 to present your defense on the next hearing date?
17 MR. KRICHEVSKY: On what money? You gonna
18 pay for it?
19 SUPP. MAG. FASONE: See, sir, there you go.
20 You're being rude again.
21 MR. KRICHEVSKY: What else do you want me
22 to do?
23 SUPP. MAG. FASONE: Answer a question in a
24 civil tone.
25 MS. SVENSON: He has my -

Colloquy 41
1 SUPP. MAG. FASONE: I don't know what
2 more you want from me, sir.
3 MR. KRICHEVSKY: Well, you talking to me
4 and me talking to you is a mental torture, okay?
5 SUPP. MAG. FASONE: I'm sorry to hear that.
6 MR. KRICHEVSKY: Yeah, don't smile. I know
7 you're - you're not sorry.
8 You a sadist, okay?
9 SUPP. MAG. FASONE: Well, sir, what do you
10 want from me?
11 It's no pleasure for me to talk to you
12 either.
13 MR. KRICHEVSKY: Leave me alone.
14 SUPP. MAG. FASONE: I can't.
16 SUPP. MAG. FASONE: I have a petition I
17 have to -
18 MR. KRICHEVSKY: No, you in contempt of two
19 courts.
20 Your order is void. You did not comply
21 with judge's order.
22 Did you comply with Paula Hapner order?
23 SUPP. MAG. FASONE: So you refuse to answer
24 the question.
1~
25 MR. KRICHEVSKY: So you refuse to answer my
Colloquy 42
1 question?
2 SUPP. MAG. FASONE: I don't have to.
3 MR. KRICHEVSKY: And I don't have to then,
4 too.
5 SUPP. MAG. FASONE: You kind of -
6 MR. KRICHEVSKY: Equal protection under the
7 law, okay?
8 SUPP. MAG. FASONE: You kind of do, sir.
9 MR. KRICHEVSKY: All right. Tyranny.
10 SUPP. MAG. FASONE: Fine, sir. We'll put
11 this one on for - not the greatest day but -
12 MR. KRICHEVSKY: By the way, why did this
13 lady - huh.
14 SUPP. MAG. FASONE: - Wednesday, April 2
15 at . . 11 o'clock.
16 All right. Continued hearing. I do
17 require, sir, that you provide the court with filed
18 tax returns going back to 2011.
19 That's 2011, 2012, 2013.
20 MR. KRICHEVSKY: You gonna give me money to
21 file them?
22 SUPP. MAG. FASONE: And we will give you a
23 financial disclosure booklet.
24 That's required by statute. Ma'am, you
25 have to provide that as well.

Colloquy 43
1 MS. SVENSON: Uh-huh.
2 SUPP. MAG. FASONE: I ' l l see everybody
3 April 2 at 11 o'clock.
4 Thank you.
5 MR. KRICHEVSKY: Did you ask if I can
6 appear?
7 Maybe I have a job off the books.
8 SUPP. MAG. FASONE: . Matter's
9 concluded for today.
10 COURT OFFICER: Parties are excused.
11 Please step out.
12 MR. KRICHEVSKY: By the way, you been
13 served with a lawsuit -
15 MR. KRICHEVSKY: - personally.
17 [Audio CD, counter 12:53:25 p.m.]
18 * * * * * *
19
20
21
22
23
24
~
25
44
C E R T I F I C A T E
I, Karla Fischer, certify that the foregoing transcript
of proceedings in the Family Court of New York, County of
Kings, Elena Svenson versus Michael Krichevsky, Docket
Number F 28901-08/13F was prepared using the required
equipment and is a true and accurate record of the
proceedings.
Mechanical Secretary, Inc.

Karla Fischer Molly's Prof. Typing Service
108-16 72nd Avenue

Forest Hills, NY 11375 Date: May 14, 2016

Family Court Transcript John M Fasone 02, 25, 14

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FAMILY COURT OF THE CITY OF NEW YORK

Petitioner Docket Number

BEFORE: HONORABLE FASONE

APPEARANCES: ELENA SVENSON

TRANSCRIBER: KARLA J. FISCHER

MECHANICAL SECRETARY, INC.

WITNESSES DIRECT CROSS RE-DIRECT RE-CROSS

DESCRIPTION I.D. IN. EV.

1 [Audio CD, counter 12:23:45 p.m.]

2 COURT OFFICER: This is number 24 on the

3 calendar in the matter of Krichevsky.

4 All parties, raise your right hands. Do

5 you swear or affirm to tell the truth in all matters

6 before this court?

7 MS. SVENSON: I do.

8 ELENA SVENSON, a witness herein,

9 was examined and testified as follows:

10 COURT OFFICER: Your name, your complete

11 address and your social.

12 MS. SVENSON: Elena Svenson, 2620 Ocean

13 Parkway, 3-K, 11235, 088-74-546.

14 COURT OFFICER: Thank you. Have a seat,

16 SUPP. MAG. FASONE: Sir, are you willing to

18 I know it's been an issue for you in the

20 MR. KRICHEVSKY: I file special appearance.

21 SUPP. MAG. FASONE: Well, we'll get to that

22 in a minute but I need you to raise your right hand

23 and swear or affirm to tell the truth at today's

25 MR. KRICHEVSKY: I'm not gonna tell the

2 I'm not gonna tell at all anything.

3 COURT OFFICER: Take the gum out of your

4 mouth, sir, please.

5 SUPP. MAG. FASONE: So, again, sir, you' re

6 refusing to take the oath and you're refusing to give

7 your name, address and social?

8 MR. KRICHEVSKY: Yes.

9 SUPP. MAG. FASONE: All right. Fine. Have

11 The purpose of appearing before me today

12. though for the record appears to be the respondent,

13 Michael Krichevsky, who's appeared several times -

15 All right. Urn, this is a new petition

16 filed by Miss Svenson alleging a violation of the

18 Ma'am, you were directed to serve Mr.

19 Krichevsky before today's date.

21 MS. SVENSON: Yes.

22 SUPP. MAG. FASONE: Do you have the proof

23 of service with you?

24 All right. And I am looking at a sheriff's

25 certificate of service reporting service upon a Mr.

1 Gina, landlord of 4221 Atlantic Avenue in Brooklyn

3 him at the same address.

4 Sir, clearly, you got some sort of notice

6 Was it through this Mr. Gina?

7 MR. KRICHEVSKY: I'm here.

8 SUPP. MAG. FASONE: So you're voluntarily

9 submitting yourself to the court's jurisdiction?

10 MR. KRICHEVSKY: No.

11 SUPP. MAG. FASONE: You're admitting you

13 MR. KRICHEVSKY: I am under threat to be

15 You threatened me last time if I do not

16 come, you will arrest me and that's why I'm here.

17 SUPP. MAG. FASONE: If you're talking about

18 December 10, sir, you weren't here, so I couldn't