affidavit set aside void order

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FAMILY COURT OF THE STATE OF NEW YORK COUNTY OF KINGS INDEX NO.F-28901 -08/13F Elena Svenson, Plaintiffs, -against- AFFIDAVIT IN Michael Krichevsky, estate SUPPORT Falsely accused, victim. STATE OF NEW YORK ss.: COUNTY OF KINGS Michael Krichevsky, Sui Juris, self-governed alive man under protest and duress, by special appearance in denial of jurisdiction of Family Court due to hostility, bias, harassment and without consent to any of its administrative proceedings against my ESTATE says: 1. I, Michael Krichevsky, have firsthand knowledge of the following facts and could competently testify thereto, except as to those matters, which I stated upon information and belief and certify that this document is not frivolous per 130-1.1. 2. I deny and object to all silent, undisclosed presumptions/assumptions used against me and demand disclosure and disclosure of Law Of The Case. I reserve my all God-given, inalienable rights together with privileges and immunities guaranteed to me by the Law of Nations, Constitution of United States of America, the State of New York and numerous treaties, including Family Court Act. 3. This Family Court is in breach of fiduciary duties, has policy of discrimination against males and is not compliant with Law of Nations, Family Court Act, New York CPLR, Uniform Rules For The Family Courts, Rules of Judicial Conduct as well as the Law of the Land, and does not enforces them against its female customers. However, when it is convenient to judge, those laws would be used to prey on males in judge's financial advantage. All this divests this court of jurisdiction of court of law, authority and makes it a kangaroo or price court in maritime law during the times of war (Black's Law Dictionary). 4. I make this affidavit in support to the within motion to SET A HEARING TO ASIDE AND VOID

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CRIMINAL CONDUCT OF SUPPORT MAGISTRATE MICHAEL MILSAP AND OTHERS AGAINST DISABLED MAN

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  • FAMILY COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS

    INDEX NO.F-28901 -08/13FElena Svenson,

    Plaintiffs,-against- AFFIDAVIT IN

    Michael Krichevsky, estate SUPPORTFalsely accused, victim.

    STATE OF NEW YORK ss.:COUNTY OF KINGS

    Michael Krichevsky, Sui Juris, self-governed alive man under protest and duress, by special appearance in

    denial of jurisdiction of Family Court due to hostility, bias, harassment and without consent to any of its

    administrative proceedings against my ESTATE says:

    1. I, Michael Krichevsky, have firsthand knowledge of the following facts and could competently testify

    thereto, except as to those matters, which I stated upon information and belief and certify that this document

    is not frivolous per 130-1.1.

    2. I deny and object to all silent, undisclosed presumptions/assumptions used against me and demand

    disclosure and disclosure of Law Of The Case. I reserve my all God-given, inalienable rights together with

    privileges and immunities guaranteed to me by the Law of Nations, Constitution of United States of

    America, the State of New York and numerous treaties, including Family Court Act.

    3. This Family Court is in breach of fiduciary duties, has policy of discrimination against males and is not

    compliant with Law of Nations, Family Court Act, New York CPLR, Uniform Rules For The Family

    Courts, Rules of Judicial Conduct as well as the Law of the Land, and does not enforces them against its

    female customers. However, when it is convenient to judge, those laws would be used to prey on males in

    judge's financial advantage. All this divests this court of jurisdiction of court of law, authority and makes it

    a kangaroo or price court in maritime law during the times of war (Black's Law Dictionary).

    4. I make this affidavit in support to the within motion to SET A HEARING TO ASIDE AND VOID

  • ORDER OF COMITMENT.

    BRIEF FACTUAL HISTORY OF CRIMINAL OFFENCES AGAINST ME

    5. Starting from 2008, until present I was continuously persecuted by numerous public fiduciaries, calling

    themselves support magistrates, court clerks and judges. It did not take me a long to realize that Petitioner

    through her attorney, Yonatan Levoritz, bribed support magistrate John Fasone (Fasone) to extort money

    and railroad me for profit. My countless motions were either ignored or denied without a hearing, written

    findings of fact and conclusions of law, or orders explaining the reason, why,

    6. On February 3, 2010, while discovery motion was pending. Fasone held trial without notice to me, my

    consent or my presence. The audio record misleading!}' presumed that I was notified, but did not care to

    show up. It stated, "...it's 10 minutes to five and no one is appearing..." That order made me a slave by

    ordering to pay the child support collection unit more than I was able to earn or had available in cash. That

    order resulted in I being fired due to harassment of my employer by the court system and Petitioner.

    7. In all future court appearances when. I tried to get a new fair trial, 1 was not allowed to make an audio

    record for an appeal because Fasone would constantly interrupt me, talk over me and switch subjects, all

    while four - six court officers intimidated me when I was trying to talk over Fasone Cifor the record."

    8. In that year, Levoritz and Fasone started persecuting me for contempt of his unlawful and void order,

    which resulted in stroke to me. As direct result, I became physically disabled and depressed. Until present, I

    was not able to recover from disability. My disability was largely untreated due to the lack of insurance.

    9. In 2011, supervising judge Hepner set aside Fasone's void order, conditionally ordered him to reply in

    writing to all motions that he ignored before and set up a new trial. Fasone refused to comply with her

    order and in contempt of it started new trial, again without me present, and restored his void order.

    10. In 2013,1 started legal action against, inter alia, Fasone and Petitioner in an attempt to obtain monetary

    compensation for their common law torts against me.

  • 11. In parallel and in retaliation, same year, they started second contempt proceedings without probable

    cause. Because I was blocked by harassment of child support collection unit from finding any job, I

    attempted to vigorously recover my money damages from other, non Family Court tortfeasors that took

    advantage of my vulnerable situation and put a claim against my estate in 2010 by preventing me to rent out

    condo that I jointly own with Petitioner. Noticeably, Petitioner hired an attorney to torturously

    interfere and trespass on those cases on one hand, while crying wolf for being poor and in desperate

    need of child support on the other, and persecuting me for contempt of the void order. It became

    obvious to me that Petitioner does not need a child support if she is able to pay an attorney - not

    spending money on the child. She rather wants to harass me. Due to this harassment, she was able to

    hinder and delay the resolution of monetary awards to me from 2010.

    12. To protect myself from harassment, I filed family offense petition in September 2014. There was an

    initial hearing in October 30, 2014 and trial was scheduled in April of 2015.

    13. In Svenson's last contempt proceedings, she perjured herself by testifying under oath to Fasone that she

    spoke with condominium management company and its manager told her that I am collecting $3000 in rent.

    The fact is, she knew that I am, pro se, suing that company for $3000 monthly loss of rent, while Svenson's

    lawyer was paid to interfere. On another occasion, she testified under oath that I own two properties that

    could be sold to satisfy the child support obligation, while magistrate Michael Milsap and she both knew

    that all my properties are in foreclosure and "under the water."

    14. 1 have a documentary evidence of her perjury and alive witness, but am afraid that Milsap will block me

    from presenting evidence, as it happened before. That fraud, upon the very willing court, resulted in

    about $130,000 in unlawful debt and order finding me in willful violation of the court's order, which was

    void to start with. In reply to my motion to dismiss contempt or modify void order, Milsap stated, "I read

    your motion. Motion denied." Milsap issued no written, appealable denial. Due to my unemployment and

  • disability, I am receiving Medicaid and $600 in rent for one room of unfinished construction project where

    1 live as well.

    15. To get a fair trial and impeach perjury of Petitioner, on or about November 17, 2014,1 filed motion, to

    consolidate contempt proceedings and motion to proceed as poor person in part 9 of Family Court where

    order of protection against harassment is pending. Judge Maria Rias of that part was notified by me that on

    December 2, 2014 there is hearing scheduled with support magistrate Milsap in part 24 at 11:00 AM.

    Accordingly, consolidation hearing was scheduled for 9:30 AM for me to be able to attend both hearings

    and, hopefully, notify Milsap about consolidation of two cases in part 9.

    16. On December 2, 2014, suddenly at 11 o'clock clerk of the part 9 called me in her office and told me that

    my case is adjourned until January without explanation. I objected and explained that my motion to

    consolidate is an emergency motion and that the whole point of order of protection proceeding may become

    moot as been late. I suspected that all cases are rigged. I entered in a state of mental shock and anger. 1 was

    experiencing terrible headache and do not remember details of what happened to me in that court. I did not

    understand what I was doing and do not remember exactly what Milsap was charging me with. In part 24,

    Milsap offered me adjournment to hire a lawyer. I replied that! have no money and requested adjournment

    of the hearing based on my motion to consolidate cases of order of protection in part 9 and contempt

    proceedings suddenly adjourned until January 2015. Mr. Milsap told me, "'You can go to part 14

    immediately and ask for consolidation there." In part 14, which is across the part 9, the was no people

    waiting for a hearing. I noticed that there was no people in part 9 either. I asked a court officer of part 14

    what this part is for and what is going to happen at this proceeding. Court officer told me that someone

    would come out and explain it to me. In about 30 minutes, that court officer called me inside the courtroom.

    I came in the courtroom with an expectation that finally I am going to have a fair hearing by the neutral

    judge, not magistrate whom I was trying to rectise to no avail. Judge started reading to me something along

  • the absurd lines of what magistrate Milsap accused me of. I sought that the judge wanted to get more details

    and factual history as well as my version of the case directly from me when he gave me the floor. However,

    when 1 just started explanation of my side of the case and Petitioner's perjury, the judge suddenly run out of

    the courtroom and I could not make my record. Officers told me to leave and wait in the hallway to be called

    back. I thought that the judge had some emergency. When I came back hoping to continue argument, the

    judge started reading his order of commitment (Exhibit A) and court officers arrested me. What adds more

    insult to the injury is the fact that Petitioner, starting from 2010 never replied, denied or rebutted any of my

    numerous affidavits while magistrates and judges been willfully blind consciously, in deliberate disregard

    of my constitutional rights and due process, continued harassment and perjury of their officer's oaths.

    17. Upon information, belief and circumstantial logical evidence, I aver that on December 2,2014 morning

    'some wizard(s) behind the curtain'' was/were coordinating conspiracy between judge Arias and clerk of

    part 9 to adjourn its hearing with Milsap and his clerk of part 24 to bait, switch and lure me to judge William

    F. Perry and clerk of part 14 where I was ambushed and kidnapped.

    18. When at about 9 PM, same day, I entered emergency room of Coney Island Hospital, my blood

    pressure was 158 per 100, whereas my usual documented readings were 120 per 80. As of today I developed

    additional illnesses - hypertension and litigation abuse syndrome.

    WHEREFORE, I move this court to SET A HEARING TO SET ASIDE AND VOID ORDER OF

    SENTENCE COMMITMENT and consolidate this and order of protection proceedings with another truly

    neutral judge, and for such other and further relief as to this Court may seem just and proper.

    Michael Krichevskv, Sui Juris, under duress

    Sworn to before me this13 day of December, 201

    Inna KlyarfeldNotary Public - State of New York

    No. 01KL5058077Qualified in Kings County

    My Commission Expires April 01,2018

  • EXHIBIT A

  • F.C.A.66 454, 846-a, 1072

    PRESENT: Hon. William Franc Perry

    In the Matter of a Support Proceeding

    Elena Svenson

    - against -

    Michael Krichevsky

    Petitioner,

    Respondent.

    GFll 8/2010

    At a term of the Family Court of theState of New York, held in and forthe County of Kings, at 330 JayStreet, Brooklyn, NY 11201, onDecember 2,2014

    File#: 142040Dockettf: F-28901-08/13F

    CSMS#: NV05003T1

    ORDER OF INTERMITTENTSENTENCE COMMITMENT

    A petition having been filed in this Court on July 19,2013 alleging that Michael Krichevsky has failedto obey an order of this Court dated July 6, 2011, and

    An order having been made dated December 2,2014, adjudging Respondent to be in willful violationof said order;

    it is therefore,

    ORDERED that Respondent be and hereby is committed to NYC Department of Corrections for a termof 6 months from the beginning of said confinement unless sooner discharged according to law or untilthe purge amount of $ 10,000.00 CASH OR CERTIFIED CHECK TO BE POSTED FOR RELEASE TOBE DEPOSITED WITH THE SUPPORT COLLECTION UNIT UNDERCSM # NV05003T1 FOR FUTURE CHILD SUPPORT PAYMENT..

    NOW, THEREFORE, WE COMMAND YOU, NYC Department of Corrections wherein Respondentmay be found, that you take the body of Respondent and safely keep in close custody in the jail of theabove-named county for a period of 6 months.

    Commencing 1/2/2015 - Weekends, Friday 7 pm until Monday 7 am, and ending 7/2/35.

    PURSUANT TO SECTION 1113 OF THE FAMILY COURT ACT, AN APPEAL FROM THIS ORDERMUST BE TAKEN WITHIN 30 DAYS OF RECEIPT OF THE ORDER B Y APPELLANTIN COURT35 DAYS FROM THE DATE OF MAILING OF THE ORDER TO APPELLANT BY THE CLERK OFCOURT, OR 30 DAYS AFTER SERVICE BY A PARTY OR THE ATTORNEY FOR THE CHILDUPON THE APPELLANT, WHICHEVER IS EARLIEST.

    Dated: December 2, 2014 ENTER

    Hon. William Franc Perry

    Check applicable box;