(.

At Part of the Family Court of the State

Lc of New York, held in and for the County of
Kings, at the Kings County Family Court
Courthouse, located at 330 Jay Street,
Brooklyn, New York 11201 on the' day
of September 2009

PRESENT:

MWO
In the Matter Of a Paternity Proceeding

ELENA SVENSON,
File No.: 142040
Docket No.: P-28901 -

Petitioner, ORDER TO
SHOW CAUSE
-against- (WITH TEMPORARY
STAY/RESTRAINING
ORDER)
MICHAEL KRICHEVSKY

Respondent.
-------------------------x

NOW, upon the Emergency Affirmation of Daniel A. Singer, Esq. dated

September 7, 2009; the Affirmation of Good Faith of Daniel A. Singer, Esq., dated

September 7, 2009; the Affirmation-In-Chief of Daniel A. Singer, Esq. dated September

7, 2009; and the Affidavit of respondent Michael Krichevsky sworn to on September 8,

2009, together with the exhibits annexed thereto, and upon the pleadings herein,

petitioner Elena Svenson and her counsel show cause before this Court at part 29 thereof,

to be held at the Kings County Family Court Courthouse, located at 330 Jay Street,

Brooklyn, New York 11202, on the of 0 (2009 0

a.m or as

soon thereafter as counsel may be heard, why an order should not be made and entered:
 (i) pursuant to CPLR 2304, quashing the Notice of Deposition Upon Oral

Examination, Subpoena Duces Tecum and Ad Testificandum, and Notice to

Produce (collectively the "Subpoenas") that petitioner Elena Svenson

("Petitioner") purportedly served upon Third-Party Banks';

(ii) in the alternative, pursuant to CPLR 2304 and CPLR 3103, modifying the

Subpoenas and issuing a protective order limiting the information which the

Third-Party Banks are to produce in response to the Subpoenas;

(iii) pursuant to CPLR 2304, quashing the Subpoenas that Petitioner purportedly

served upon Sergey Drabkin, Consela Engineering, P.C., Leon Mandel, and

Leon Construction (the "Non-Bank Third Parties");

(iv) in the alternative, pursuant to CPLR 2304 and 3103, conditioning the Non-

Bank Third Parties' compliance with the Subpoenas on Petitioner's paying for

all cost incurred by the nonparties in responding to such disclosure;

(v) pursuant to NYCRR 130-1.1, ordering that Petitioner pay all costs and

attorneys' fees relating to this motion and imposing financial sanctions against

Petitioner; and

(vi) granting Respondent such further and different relief as this court deems just

and proper.

The Third-Party Banks that Petitioner purportedly served include the following: i) Wells Fargo Bank,
N.A.; ii) Sovereign Bank; iii) HSBC Bank USA, N.A.; iv) Commerce Bank; v) J.P.Morgan Bank Chase,
N.A.; vi) Washington Mutual Bank; vii) Bank of America; viii) Citibank USA; ix) American Express, TRS
Company, Inc.; x) Capital One, N.A.; xi) Capital One Bank (USA), N.A.; and xii) National City Bank

2
 C C
ORDERED, that pending the hearing and determination of this motion, non-

parties Sergey Drabkin; Consela Engineering, P.C.; Leon Mandel; Leon Construction;

Sovereign Bank; and Citibank are restrained from responding to any of the Subpoenas

issued by Petitioner, including, without limitation, producing any documents in response

to said Subpoenas and/or providing any testimony as demanded in said Subpoenas;

ORDERED, that service of a copy of this Order upon Leon Mandel, having an

address of 2475 West 16th Street, Brooklyn, New York 11214 by overnight delivery by

September , 2009 shall be deemed good and sufficient service;

ORDERED, that service of a copy of this Order upon Leon Construction, having

an address of 2475 West 16th Street, Brooklyn, New York by overnight delivery by

September , 2009 shall be deemed good and sufficient service;

ORDERED, that service of a copy of this Order upon Sergey Drabkin, having an

address of 3714 Nautilus Avenue, Brooklyn, New York 11224 by overnight delivery by

September, 2009 shall be deemed good and sufficient service;

ORDERED, that service of a copy of this Order upon Consela Engineering, P.C.,

having an address of 3714 Nautilus Avenue, Brooklyn, New York 11224 by overnight

delivery by September, 2009 shall be deemed good and sufficient service;

ORDERED, that service of a copy of this Order upon Sovereign Bank by fax at

(484) 248-1120 and by First Class Mail at 961 Kings Highway, Brooklyn, New York

11223 by September, 2009 shall be deemed good and sufficient service;

3
 ORDERED, that service of a copy of this Order upon Citibank USA by fax at

(210) 547-9212 and by First Class Mail at One Court Square, 41 st Floor, Long Island

City, New York 11120 by September N, 2009 shall be deemed good and sufficient

service;

ORDERED, that service of a copy of this Order and a copy of the papers upon

which it is granted shall be served upon The Law Office of Yonatan S. Levoritz, P.C.,

2306 Coney Island Avenue, Second Floor, Brooklyn, New York 11223, by overnight
ion`
mail on or before September $„ 2009 shall be deemed good and sufficient service.

Answering papers, if any, shall be served upon Defendant's counsel, The Law

Offices of Daniel A. Singer PLLC, 234 Fifth Avenue, Suite 400, New York, New York

10001, not less than 1 11 days before the return date hereof.

Reply papers, if any, shall be served not less than l• day before the return date

hereof.

ENTER:

iS
RAELLA F. MAYER,
ORAL ARGUMENTS:
Support Magistrate
F
t? So-y4)
314.,(__

4
FAMILY COURT COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
--------------------------------------------------x
In the Matter Of A Support Proceeding

ELENA SVENSON, File No: 142040

Docket No.: P-28901
Petitioner,
EMERGENCY
-against- AFFIRMATION

MICHAEL KRICHEVSKY,

Respondent.

-----------------------------------x
Daniel A. Singer, an attorney duly admitted to practice law before the Courts of the State

of New York, affirms under penalty of perjury:

I am a member of The Law Offices of Daniel A. Singer PLLC, attorneys

for respondent Michael Krichevsky ("Respondent"). As such, I am fully familiar with the facts

and circumstances set forth herein. I respectfully submit this affirmation in support of an order

(i) pursuant to CPLR 2304, quashing the Notice of Deposition Upon Oral Examination,

Subpoena Duces Tecum and Ad Testificandum, and Notice to Produce (collectively the

"Subpoenas") that petitioner Elena Svenson ("Petitioner") purportedly issued to Third-Party

Banks'; (ii) in the alternative, pursuant to CPLR 2304 and CPLR 3103, modifying the Subpoenas

and issuing a protective order limiting the information which the Third-Party Banks are to

produce in response to the Subpoenas; (iii) pursuant to CPLR 2304, quashing the Subpoenas that

Petitioner issued Sergey Drabkin, Consela Engineering, P.C., Leon Mandel, and Leon

Construction (the "Non-Bank Third Parties"); (iv) in the alternative, pursuant to CPLR 2304 and

The Third-Party Banks that Petitioner purportedly served include the following: i) Wells Fargo Bank, N.A.; ii)
Sovereign Bank; iii) HSBC Bank USA, N.A.; iv) Commerce Bank; v) J.P.Morgan Bank Chase, N.A.; vi)
Washington Mutual Bank; vii) Bank of America; viii) Citibank USA; ix) American Express, TRS Company, Inc.; x)
Capital One, N.A.; xi) Capital One Bank (USA), N.A.; and xii) National City Bank
is not material and necessary to this proceeding. At the very least, the information sought is

premature as no disclosure has yet occurred between the parties. As such, they must be quashed

or, alternatively, a protective order must be issued so as to severely limit disclosure.

7. With respect to the Subpoenas issued to the Non-Bank Third Parties, such

disclosure has been specifically precluded by this Court. (Copies of such subpoenas are annexed

hereto as Exhibit "D").

8. For this reason alone, the Non-Bank Third Party Subpoenas must be

quashed.

9. Moreover, the Non-Bank Third Party Subpoenas contain the same

jurisdictional defects as the Bank Subpoenas including being improper devices for non-party

disclosure and appearing to have been improperly served without the appropriate fees.

10. The Non-Bank Third Parties that Petitioner has purportedly served are the

general contractor and engineer that are performing renovation work on Respondent's residence

located at 4221 Atlantic Avenue, Brooklyn, New York 11224. The Non-Bank Third Party

Subpoenas fail to seek any information which is material and necessary to this proceeding and

are clearly designed to simply harass Respondent. They must thus be quashed.

11. Certain Third Parties have advised Respondent that they will be

responding to the Subpoenas if Respondent does not make a motion to quash by September

8, 2009 and obtain an order restraining/staying disclosure pending the hearing and

determination by such date (September 8th12.

12. As such, it is respectfully requested that this Court issuing an order staying

2 th
Certain of the Bank Subpoenas were returnable on Labor Day (September 7 ). Respondent has not been advised as
th
to any adjourned time. The balance of the Bank Subpoenas are returnable on September 10 . The Non-Bank Third
Party Subpoenas are returnable on September 30, 2009.
3
Third Party Disclosure pending the hearing and determination of the motion.

13. In the event that such temporary stay is not put in place, Respondent will

be severely prejudiced as documents will be produced which have no bearing on this action.

Such an invasion of Respondent's privacy should not be permitted.

14. No prior application for the relief requested herein has been made.

WHEREFORE it is respectfully requested that this Court issue an Order i) pursuant to

CPLR 2304, quashing the Subpoenas that Petitioner purportedly served upon Third-Party Banks;

(ii) in the alternative, pursuant to CPLR 2304 and CPLR 3103, modifying the Subpoenas and

issuing a protective order limiting the information which the Third-Party Banks are to produce

in response to the Subpoenas; (iii) pursuant to CPLR 2304, quashing the Subpoenas that

Petitioner purportedly served upon Non-Bank Third Parties; (iv) in the alternative, pursuant to

CPLR 2304 and 3103, conditioning the Non-Bank Third Parties compliance with the Subpoenas

on Petitioner's paying for all cost incurred by the nonparties in responding to such disclosure; (v)

pursuant to NYCRR 130-1.1, ordering that Petitioner pay all costs and attorneys' fees relating to

this motion and imposing financial sanctions against Petitioner ; and (vi) granting Respondent

such further and different relief as this court deems just and proper.

Dated: New York, New York

September 7, 2009

1JAff19_1
DANIEL A. SINGER

FAMILY COURT COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS
-----------------------------------------------------x
In the Matter Of A Support Proceeding

ELENA SVENSON, File No: 142040

Docket No.: P-28901
Petitioner,
AFFIRMATION OF GOOD
-against- FAITH PURSUANT TO
CPLR 2304
MICHAEL KRICHEVSKY,

Respondent.

-----------------------------------x
Daniel A. Singer, an attorney duly admitted to practice law before the Courts of the State

of New York, affirms under penalty of perjury:

I am a member of The Law Offices of Daniel A. Singer PLLC, attorneys

for respondent Michael Krichevsky ("Respondent"). As such, I am fully familiar with the facts

and circumstances set forth herein.

2. Pursuant to CPLR 2304, Prior to making this Motion to Quash the

Subpoenas, I requested that Petitioner withdraw the Subpoenas (Exhibit E). Petitioner has failed

to withdraw the Subpoenas and has notified me that he will not be withdrawing such subpoenas.

3. As such, Respondent had no option but to make the within motion.

Dated: New York, New York

September 7, 2009

DANIEL