FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________ INDEX NO.

F-28901-08/10/A/B/C ELENA SVENSON, Petitioner, OBJECTION AND NOTICE OF MOTION MICHAEL KRICHEVSKY, Judge Paula Hepner Oral argument is not Respondent. _____________________________________________________ requested C O U N S E L O R S: PLEASE TAKE NOTICE, that upon the annexed affidavit under penalty of perjury of Michael Krichevsky, Pro Se, made this 20 day of January, 2012, an upon all the pleadings and proceedings heretofore had herein, the undersigned will move before this Court located at 330 Jay Street, Brooklyn, New York on the day of , 2012 at 2:00 p.m. in the afternoon of v.

that day or as soon thereafter as counsel can be heard for an order pursuant to R5015(a) (3),(4), R5012, 5019 (a) and CPLR 2002: (I) Voiding and annulling all final orders of hearing officer John Fasone, setting aside and vacating them due to: a) lack of personal and subject matter jurisdiction; b) fraud upon the court, misconduct of the petitioner and/or her attorneys, and (II) Dismissing contempt petition filed by YONATAN LEVORITZ, ESQ. as frivolous and with prejudice, as there is no contempt on VOID order. TAKE FURTHER NOTICE that, pursuant to Section 2214(b) of the Civil Practice Law and Rules, all answering papers, if any, shall be served at least seven (7) days before the return date of this motion.

Dated: Brooklyn, New York January 20, 2012 _____________________________________________________ Michael Krichevsky, Pro Se, All rights reserved without prejudice Attorney for Defendant 4221 Atlantic Ave Brooklyn, New York 11224

(718) 687-2300

ELENA SVENSON 2620 OCEAN PARKWAY, APT 3K Brooklyn, New York 11235

FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________ ELENA SVENSON, INDEX NO. Petitioner, F-28901-08/10/A/B/C v. MICHAEL KRICHEVSKY, Respondent. _____________________________________________________ STATE OF NEW YORK COUNTY OF KINGS ss.: AFFIDAVIT IN SUPPORT

Michael Krichevsky, Pro Se, under penalty of perjury, declares and says: 1. I have firsthand knowledge of the facts and matters herein referred to by me except where indicated to be on information and belief and where so stated I verily believe them to be true. 2. Should I be called upon as a Witness and/or Victim to testify in any court to the same, I can and will testify competently. 3. I make this affidavit in support of this Objection and motion to VOID the Court's orders ab initio. 4. All proceedings were not conducted in compliance with Constitutional due process, CPLR and unified rules of court. 5. Every proceeding in this court manifested abuse of process and malicious prosecution of respondent. 6. Every order of hearing officer Fasone manifests the fraud upon the court. 7. .Every decision was in plaintiffs' favor even when she was in default and, as a matter of law respondents motions should have been granted. 8. Proceeding for criminal non-support was conducted by John Fasone without trial by jury as

demanded by respondent and his answer. FIRST ARGUMENT TO VOID ALL ORDERS 9. Last motion ignored and probably vanished titled OBJECTION AND ORDER TO SHOW CAUSE was filed by respondent on April 13, 2011, EXHIBIT A. 10. In this order to show cause respondent, inter alia, asked the court to void child support order based on CPLR R5015(a)(3),(4) for fraud and misconduct of the petitioner and her attorney; lack of jurisdiction. 11. Petitioner failed to reply, is in default and the respondent is entitled to default judgment voiding all orders of hearing officer Fasone. 12. This motion is not even mentioned in the last order of judge Paula Hepner even though a pleading titled OBJECTION must have been submitted to her by clerks, EXHIBIT B. 13. Anyway, respondent is entitled and moves this court to void all orders ab initio. SECOND REASON TO VOID ALL ORDERS 14. Judge Paula Hepner in her order (exhibit B) found that John Fasone attempted to curtail respondents motion practice. If that is the case then this is an evidence of bias, prejudice and corruption of hearing officer John Fasone and his orders are void. 15. She essentially ordered him to review all motions and petitions improperly denied and create findings of facts and conclusions of law, and mail them to respondent. Additionally, she ordered him to issue findings of facts and conclusions of law for respondent's motion to recuse. 16. Then she set aside all his orders and ordered a new hearing on December 12, 2011. However, John Fasone never complied with that order and when December 12 came

respondent was not ready for argument; respondent did not get a chance to file objection to recuse John Fasone, did not get the reason for the denials of his motions and petitions and did not know what to argue. 17. John Fasone did not comply with condition precedent of the judges order. Due to that fact, he had no jurisdiction and all his orders stood set aside and void. 18. The only thing was done is his old unchanged orders and denials were finally mailed to respondent on December 13, 2011, EXHIBIT D. Needless to say that objections to these denials that the respondent could file with judge Paula Hepner are moot now and respondents case is prejudiced for more than a year. 19. On December 12, 2011 respondent attempted to challenge Mr. Fasone jurisdiction and default on the order of the judge Paula Hepner. Mr. Fasone was openly hostile, refused to answer questions and finally ordered respondent to leave the courtroom. 20. With only petitioner present and in the absence of respondent and jurisdiction of Mr. Fasone, the hearing that he conducted can only be described as the Star Chamber hearing. CONCLUSION 21. All respondents motions ignored and vanished with the help of various actors of Brooklyn Family Court. Apparently, this judges order did not even manifest a slap on Mr. Fasone's wrist. For almost 3 years, he maliciously prosecutes respondent, and not only ignores his pleadings, but he is not afraid to be demoted or fired for not following judge's orders! Respondent believes now that Mr. Fasone treated judges order as smoke and mirrors to deceive respondent and ratification to go ahead and continue to do what he was doing OBSTRUCTION OF JUSTICE and TREASON.

22. Petitioner Svenson for more than a year in default. As a result of the foregoing, the Court's orders should not stand. 23. Wherefore, respondent demands that all orders of hearing officer John Fasone be void ab initio; award of attorneys fees and restitution to respondent. Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct. 20 day of January, 2012 X___________________________________________________ Michael Krichevsky, Pro Se, All rights reserved without prejudice

FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS _____________________________________________________ ELENA SVENSON, Petitioner, v. MICHAEL KRICHEVSKY, Respondent. _____________________________________________________ AFFIDAVIT OF MAIL SERVICE INDEX NO. F-28901-08/10/A/B/C

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 20 day of January, 2012, I served the within Objection and Notice of Motion together 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: ELENA SVENSON 2620 OCEAN PARKWAY, APT 3K Brooklyn, New York 11235 ______________________________ Nelli Frid Sworn to before me on January 23, 2012

_______________________ NOTARY PUBLIC

FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ----------------------------------------------------------------ELENA SVENSON, , Petitioner, v. MICHAEL KRICHEVSKY, Respondent.

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___________________________________________________ OBJECTION AND NOTICE OF MOTION, SUPPORTING AFFIDAVIT ___________________________________________________

Michael Krichevsky, Pro Se Attorney for Defendant 4221 Atlantic Ave Brooklyn, New York 11224 (718) 687-2300

AGNOWLEGMENT OF IN-HAND SERVICE: In-Hand Service of the within document is hereby acknowledged on this _____ day of ____________ 2010, at _________ am/pm

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