transcript of brooklyn family court hearing - slavery begins, part ii, pages 1-45

8/8/2019 TRANSCRIPT OF BROOKLYN FAMILY COURT HEARING - SLAVERY BEGINS, PART II, pages 1-45

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FAMILY COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS PART 27

------------------------------------x

In the Matter of:

ELENA SVENSON,

(Non-Jury)

Docket No.F-28901/08

Petitioner,

-against-

MICHAEL KRICHEVSKY,

Respondent.

------------------------------------x

held at KINGS COUNTY FAMILY. COURT

330 Jay StreetBrooklyn, New York 11201

October 8, 2009

BEFORE: JOHN M. FASONESupport Magistrate

APPEARANCES: YONATAN S. LEVORITZ, ESQ.Attorney for Petitioner

2306 Coney Island AvenueBrooklyn, New York

THE LAW OFFICES OFDANIEL A. SINGER, PLCAttorney for Respondent245 Fifth AvenueSuite 1902New York, New York 10016BY: DANIEL SINGER, ESQ., of Counsel

Maxine JonesTranscriber

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Michael Krichevsky

Elena Svenson

For Respondent:

For Respondent:

For Petitioner:

For Petitioner:

INDEX TO WITNESSES

INDEX TO EXHIBITS

IdentificationIn Evidence

Voi

Direct Cross Redirect Recross Dir

27 36

6 3 69

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PROCEEDINGS 3

COURT OFFICER: This is number 19 and 20 on

the calendar in the matter of Krichevsky.

Counsel, your appearances, please.

MR. LEVORITZ: Yonatan S. Levoritz, 2306 Cone

Island Avenue, Brooklyn, New York, on behalf of the

petitioner, Elena Svenson.

Good morning, your Honor.

THE COURT: Good morning, counsel.

MR. SINGER: Daniel Singer, the law offices o

Daniel A. Singer, PLC, 245 Fifth Avenue, suite 1902, Ne

York, New York, 10016 for respondent, Michael Krichevsky

COURT OFFICER: Parties, raise your right

hand.

Do you swear or affirm to tell the truth in

all matters before this Court?

THE PETITIONER: I do.

THE RESPONDENT: I do.

COURT OFFICER: Ma'am, in a loud, clear voic

your name, address and Social Security number.

THE PETITIONER: Elena Svenson, 2620 Ocean

Parkway, Brooklyn, New York, 11235. IMOMMOMMINBO

COURT OFFICER: Thank you.

Sir?

THE RESPONDENT: Michael Krichevsky, 4010W

2502 86th Street, Brooklyn, New York, 11214.




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PROCEEDINGS 4

1 COURT OFFICER: Have a seat, please.

2 Counselor Levoritz, you are registered with

3 the state as Stark and Associates, 807Kings Highway.

4 That is not the address you gave. -

5 MR. LEVORITZ: No, I am not registered with

6 the State there. I changed --

7 COURT OFFICER: You want to get in touch wit

8 the State and change their record on you.

9 MR. LEVORITZ: Absolutely. Office of Court

10 Administration on the -- yes.

11 THE COURT: That was just a helpful hint,

12 counsel.

1 3 MR. LEVORITZ: Well taken, your Honor.

14 THE COURT: All right, in any event, when las

15 I saw everybody August 6th I directed that parties submi

16 compulsory financial disclosure within ten days. And I

17 did authorize discovery pending the adjourn date, and w

18 had a schedule. Well, actually we didn't have a sched-

19 ule. It was to be conducted before -- completed before

20 today's date. Mutual notices were to be served -- all

21 right, we did have a schedule -- by August 31st.

22 I see in the meantime, though, that somebody

2 3 filed objections to my 1040 order of support, and that

24 objection, I believe, is still pending?

25 MR. SINGER: Yes, your Honor.


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PROCEEDINGS 5

1 THE COURT: Judge Hepner.

Who authorized anybody to file objections to

temporary order of support? Where is that authorized in

the statute, counsel?

MR. SINGER: Actually, it's authorized by

several cases, your Honor.

THE COURT: No, it's not. Case law is quite

clear. There is no objection to a temporary order of

support. And I suspect you're going to get an order fro

Judge Hepner to that effect.

Do not cite cases to me, counsel. It's not m

issue. It's Judge Hepner's issue. That's ridiculous.

It's a waste of time, money and effort.

Secondly, I see that when I was on vacation

September the 8th somebody filed an order to show cause

when I specifically directed there was to be no more

motion practice in this matter.

MR. SINGER: Your Honor, for the record, it

was because you had authorized only -- for third partie

you had only authorized banks and --

THE COURT: I didn't authorize any third part

discovery, quite frankly.

MR. SINGER: Well, that's what he was doing.

MR. LEVORITZ: Actually, your Honor --

MR. SINGER: And I had filed a motion to


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PROCEEDINGS 6

1 quash.

MR. LEVORITZ: -- if you read the transcript,

that's not the case, your Honor.

In fact, the only one I was prohibited from

serving third party notices on was the respondent's

employer.

MR. SINGER: That's (Inaudible).

MR. LEVORITZ: No, in fact --

THE COURT: Counsel.

MR. LEVORITZ: In fact, to quote the Court i

my answer in opposition, your Honor, the Court was very

clear: You can go ahead and subpoena the banks. And I

said, Judge, I'm not sure if I'll have enough time to

serve all the notices and get everything back on time.

At that point in time we said we were --

THE COURT: Well, look, I just went through

what I'm seeing "The Court," but unless I have somethin

more, counsel, I'm not going to sign off on any third

party discovery.

MR. LEVORITZ: Actually, your Honor, you

stated that you can go ahead and subpoena the banks.

THE COURT: Well, subpoena the bank.

MR. LEVORITZ: I subpoenaed all the banks,

your Honor. There were numerous banks. And I subpoena

the bank specifically --

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IPROCEEDINGS FA

1 THE COURT: All right.

2 MR. LEVORITZ: -- and there were only --

3 THE COURT: In any event --

4 MR. LEVORITZ: Yes, your Honor.

5 THE COURT: This application, counsel, didn't

6 need to be however many pages, however many trees you'v

7 killed to file this thing.

8 MR. SINGER: Well, I wanted to show the magni

9 tude of --

10 THE COURT: I'm sure you did because that's

11 what this seems to be about. Everybody wants to tell me

1 2 how bad the other one is, the two of you, juveniles

1 3 acting as attorneys, and the two parties who aren't muc

14 better.

15 Now, for the record, and counsel, I discusse

16 this off the record. I want everybody to hear it, and I

17 want it to be on the record so that everybody's clear.

1 8 haven't even gotten into the compulsory financial disclo

19 sure yet, which I don't believe is complete. But I'm

20 going to inquire of the parties whatever evidence is

21 available in the courtroom today is what I'm basing my

22 decision on. I'm not anticipating any adjournments.

2 3 We're going to have a crisp, and full hearing, as much

24 we can in the time allotted. I have 30 cases on my

25 calendar today. I don't have all day for this nonsense


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PROCEEDINGS 8

So I'm going to ask my questions, and I have directed

counsel they have ten minutes each to cross-examine. So

those issues, the ones you just raised, that's properly

addressed in cross-examination after I'm done.

Now, my issue. Where is the parties' mandato

ry, compulsory financial disclosure? I don't see it

here.

MR. LEVORITZ: Served it the last time, your

Honor.

MR. SINGER: I gave (Inaudible). I have a

copy right here (Inaudible) by the Court.

MR. LEVORITZ: That's actually correct. He

filed it the Monday after.

COURT CLERK: The respondent's package was

inserted into the file by me.

MR. SINGER: I handed it up when I was here,

your Honor.

THE COURT: Handed what up when you were

where?

MR. SINGER: I handed up, well, the financia

disclosure affidavit when I was before your Honor. I

handed up the financial information that was required a

part of the financial disclosure package. Everything wa

handed up when we were here.

MR. LEVORITZ: In fact, your Honor, (Inaudi-


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PROCEEDINGS 9

1 ble) two copies, one was (Inaudible) one I sent as a

2 courtesy copy as well to make sure that your Honor had

3 (Inaudible).

4 THE COURT: Forgive me, I'm drowning in a

5 mountain of paperwork here.

6 You put it in the...?

7 COURT CLERK: It is in the file from

8 Mr. Singer's hands to mine, to the father. Your Honor,

9 we're up to three jackets. I'll look here while you loo

10 there.

11 THE COURT: Three jackets.

1 2 (Pause.)

1 3 COURT CLERK: I have it, your Honor.

1 4 THE COURT: All right.

15 (Pause.)

16 THE COURT: So I have what appears to be

17 mandatory financial disclosure for Mr. Krichevsky, fina

18 cial disclosure affidavit, pay stubs from Wittenstein an

19 Associates, 2005 filed tax return. And affirmation?

20 MR. SINGER: Just stating what his weekly

21 salary was, is, and used to be from his employer.

22 THE COURT: Copies of checks. Some of this

2 3 isn't compulsory financial disclosure.

24 MR. SINGER: Right, we inserted some checks

25 explaining what the child support should be.


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1 THE COURT: Counsel, you gave me your client'

information on the last hearing date?

MR. LEVORITZ: Absolutely. It's actually

attached as part of the motion that we made that your

Honor never adjudicated. And it's also something that I

handed up at the same time, two separate documents.

MR. SINGER: I was never -- I mean, I was

never served. I got it, it was in, like, the papers.

MR. LEVORITZ: It was both.

MR. SINGER: I never -- yeah.

MR. LEVORITZ: It was both. In fact, counsel

actually addressed on the record the fact that --

THE COURT: (Inaudible) about her post fathe

abandonment financial disclosure affidavit.

MR. LEVORITZ: There are two. There's one

pre, and one post.

THE COURT: Anything else here?

COURT CLERK: I'm sorry. What?

THE COURT: Anything else here?

COURT CLERK: (Inaudible)

THE COURT: From Elena Svenson.

COURT CLERK: Your Hondr, the only things th

I have in these files are the various voluminous docu-

ments of orders to show cause.

THE COURT: Um-hmm.




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PROCEEDINGS 11

1 COURT CLERK: I do not see any financial

2 disclosure for the lady.

3 THE COURT: Do you have a copy of what you'r

4 talking about, 'cause I don't see it.

5 MR. LEVORITZ: If you have the post one, your

6 Honor, that covers the most recent issues if your Honor

7 just --

8 THE COURT: I've got a financial disclosure

9 booklet. I need a tax return, representative pay stubs

10 MR. LEVORITZ: She doesn't work, your Honor.

11 She hasn't worked in several years.

12 MR. SINGER: (Inaudible)

1 3 THE COURT: She's never ever filed a tax

1 4 return?

15 MR. LEVORITZ: The last tax return she filed

16 she filed as a dependent of her boyfriend. Both her so

17 was a dependent --

18 THE COURT: Well, (Inaudible) didn't file it

19 MR. LEVORITZ: No, she did not file it, your

20 Honor.

21 THE COURT: She's on his 2005 tax return?

22 MR. LEVORITZ: She hasn't filed then since,

2 3 your Honor. In fact --

24 THE COURT: Lovely.

25 MR. LEVORITZ: No.


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PROCEEDINGS 1 2

COURT CLERK: Your Honor, I do recall seeing

1992 tax return from the lady and her ex-husband.

MR. LEVORITZ: Yes, there was --

COURT CLERK: I believe it was attached as a

exhibit in one of the orders to show cause.

MR. SINGER: It was a cross motion.

MR. LEVORITZ: Correct.

MR. SINGER: (Inaudible) attached it.

THE COURT: Your submission is the financial

disclosure affidavit?

MR. LEVORITZ: She has nothing else, your

Honor. She has no bank accounts. She has nothing,

literally. She does not work. She owes the IRS probab

around $300,000 as a result of some things that happene

between her and her ex-boyfriend. And before that she

was a dependent on his tax returns.

THE COURT: Ma'am, you have never worked

outside the home?

MR. LEVORITZ: Answer the question.

THE PETITIONER: Yes. I've worked.

THE COURT: When was the most recent time yo

had a job?

THE PETITIONER: 2004.

THE COURT: What were you doing in 2004?

THE PETITIONER: I work as a receptionist in


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PROCEEDINGS 1 3

1 psychological office.

2 THE COURT: In what office?

3 THE PETITIONER: Psychological.

4 THE COURT: Psychological office. You were

5 paid for what you did.

6 THE PETITIONER: Yes.

7 THE COURT: How much were you paid?

8 THE PETITIONER: Ten dollars per hour.

9 THE COURT: How long did you work there?

10 THE PETITIONER: Couple weeks.

11 THE COURT: Why only a couple of weeks?

12 THE PETITIONER: Because it was work require

1 3 to be from -- until nine o'clock in the evening, and my

1 4 son, he was by this time ten years old, and I couldn't

1 5 leave him alone until nine o'clock. So I couldn't -- I

16 couldn't --

17 THE COURT: When you said you did work how

18 many hours did you work per week?

19 THE PETITIONER: Every day.

20 THE COURT: What was it, 40 hours, 30 hours,

21 20 hours?

22 THE PETITIONER: Five days a week between tw

2 3 P.M. to nine P.M.

24 THE COURT: So five --

25 THE PETITIONER: For a few weeks


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PROCEEDINGS 1 4

1 THE COURT: -- days a week, seven hours per

day.

THE PETITIONER: Um-hmm.

THE COURT: Thirty-five hours.


THE COURT: And you left that job because it

conflicted with your schedule with your son?

THE PETITIONER: Yes. Yes.

THE COURT: Did you have any other jobs in

2004?

THE PETITIONER: No.

THE COURT: When was the most recent time

before 2004 then that you worked outside the home?

THE PETITIONER: In 1991, 1990, from 1988 to

1991 or 1992.

THE COURT: We're talking about several years

THE PETITIONER: Yes.

THE COURT: Way, way back.


THE COURT: Why is it you haven't been able

to--

Counsel, can you have a seat, please? And

don't interrupt me.

MR. SINGER: The only --

THE COURT: I told you the procedure. I'm


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PROCEEDINGS 1 5

1 asking my questions. You'll have a chance to cross.

2 MR. SINGER: It's the interpreter issue,

3 that's it. Interpreter issue.

4 THE COURT: What interpreter? She's speakin

5 English just fine.

6 MR. SINGER: We always had an interpreter

7 here. I don't want her saying this hearing was not vati

8 'cause she can't understand what's going on.

9 MR. LEVORITZ: She's waiving the interpreter,

1 0 your Honor.

11 MR. SINGER: Fine.

12 THE COURT: Ma'am, do you understand what I'

1 3 saying?

1 4 THE PETITIONER: Yes.

15 THE COURT: And you're able to answer corn-

16 pletely?


18 THE COURT: What is your native language, by

19 the way?

20 THE PETITIONER: (No r esponse.)

21 THE COURT: What is your native language?

22 THE PETITIONER: Russian.

2 3 THE COURT: Russian.

24 THE PETITIONER: Um-hmm.

25 THE COURT: You don't need a Russian inter-


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PROCEEDINGS 16

1 preter?

THE PETITIONER: So far I don't.

THE COURT: Well, if you think you will you

have to tell me because we need to get one in sooner

rather than later.

THE PETITIONER: Yes, I will. I need. I

think.

THE COURT: You want the Russian interpreter?


THE COURT: All right, we'll make the phone

call.

THE PETITIONER: Okay. Thank you.

THE COURT: It would be nice, counselor, if

you told us ahead of time.

Have a seat, please.

MR. LEVORITZ: May I respond?

THE COURT: No. What response is necessary?

It's courtesy.

MR. LEVORITZ: My client waived the interpret

er last time, your Honor, and I did not know that she --

THE COURT: Well, quite honestly, I don't

remember speaking to the parties last time. I can't get

a word between the two of you.

MR. LEVORITZ: The interpreter was not here.

There was extensive oral argument, and I waived the


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PROCEEDINGS 17

1 interpreter then as well, your Honor. My client --

THE COURT: Well, your client just asked for

one.

MR. LEVORITZ: She just asked.

THE PETITIONER: I can speak. I speak Eng-

lish, and I understand.

COURT CLERK: The Russian interpreter is not

available at the moment.

THE COURT: Ma'am, if you don't understand

what I'm asking you, or if you feel you can't express

yourself correctly, let me know.

THE PETITIONER: It's just that I feel ner-

vous. That's it. I understand.

THE COURT: All right.

Why is it you haven't been able to work out-

side the household for all these years? Is there some-

thing that prevents you from getting a new job?

THE PETITIONER: It's David, my son. He wil

really sick, not all the time. It started when he turne

two years old. First it was ear infection. He was sick

like, every two weeks. Then it started strep throat.

And before this, in the middle of time, I was studying

college. I starting and finish college, Long Island

University.

THE COURT: When did you finish college?



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PROCEEDINGS 1 8

THE PETITIONER: In 2004.

THE COURT: All right, so since 2004, though

-- has your child been hospitalized for extended periods

of time?

THE PETITIONER: No.

THE COURT: So we're just talking about the

normal things that children get.

THE PETITIONER: High fever. Yes. But it wa

very high fever.

THE COURT: He doesn't have asthma. There's

no particular condition that he's treated for?

THE PETITIONER: No, but it was really diffi-

cult condition about ear infection and strep throat.

THE COURT: Have you looked for a job since

2004 outside the home?


THE COURT: And you've been unsuccessful so

far?

THE PETITIONER: No.

THE COURT: You have a degree, though?

THE PETITIONER: Yes, I have. It's bachelor

in psychology. It's very difficult to find job with

bachelor in psychology.

THE COURT: Well, maybe that specific field,

but with a bachelor's degree that puts you ahead of


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PROCEEDINGS 19

1 people, for example, who don't have a high school diplo-

2 ma; right?


4 THE COURT: You have some skills, some educa-

5 tion.

6 THE PETITIONER: Yes. Yes.

7 THE COURT: Just one second.

8 (Pause.)

9 THE COURT: Now, ma'am, is it true that the

1 0 last tax return you filed was -- or that the last tax

11 return that you were involved with, let's put it that

12 way, was the '05 return that was filed by Mr. Krichevsky


14 THE COURT: And I'm looking at that document.

1 5 It does appear that he claimed you as a dependent along

16 with the child David. So you were living together at

17 that time?


19 THE COURT: All right, I'm taking a quick 1

20 at your financial disclosure booklet, which is pretty

21 much blank.

22 You don't list any rent, ma'am. Where are y

23 living presently? You're not living with Mr. Krichevsky

24 anymore.

25 THE PETITIONER: No. No.


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PROCEEDINGS 20

THE COURT: Why are you living rent free?

Who's paying your rent?

THE PETITIONER: It's apartment who belong t

my parents.

THE COURT: You're living in your parents'

apartment?


THE COURT: And they don't charge you any-

thing?

THE PETITIONER: No. They're not alive any-

more actually.

THE COURT: There's no --

THE PETITIONER: This apartment was belong t

my parents.

THE COURT: All right, but you list the utili

ties 420, apartment maintenance 650.


THE COURT: Food, 600. Automobile expenses?


THE COURT: You own a car?


THE COURT: Who's paying for all this, ma'am

THE PETITIONER: I pay.

THE COURT: From what? Where does the money

come from?



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PROCEEDINGS 21

1 THE PETITIONER: My sister helps me.

2 THE COURT: Yeah.

3 THE PETITIONER: Yes, and from starting from

4 October 2008 I was collecting money from Ocean Parkway

5 from tenants who lived in our apartment.

6 THE COURT: Well, apparently you had

7 Mr. Krichevsky had some real estate investments together

8 THE PETITIONER: Yes. Yes.

9 THE COURT: Or at least so you both (Inaudi-

10 ble).


1 2 THE COURT: But you separated.


1 4 THE COURT: But these are pretty hefty expens

15 e s , ma'am, 420 for utilities, 650 for maintenance, 600

16 for food, 220 for auto, plus 180 for insurance. I can'

17 believe that your sister is paying for all these expens

18 e s .

19 THE PETITIONER: No, of course. Before Octo

20 ber 2008 I lived with Mr. Krichevsky.

21 THE COURT: Right. You were --

22 THE PETITIONER: Starting --

23 THE COURT: That's fine, but what about sinc

24 October 2008?

25 THE PETITIONER: Starting from October 1, 20


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PROCEEDINGS 22

I was collected $2,825 from tenants who lived in 120

Ocean (Inaudible). They stopped to pay in July -- in

August.

THE COURT: August of this year?


THE COURT: How much was that monthly rent?

THE PETITIONER: Twenty-eight hundred 25.

THE COURT: Twenty-eight hundred?


MR. SINGER: 2825.

THE PETITIONER: 2825.

THE COURT: 2825. Multi rents. Tenants.

What was the address of the building?

THE PETITIONER: 120 Oceania Drive West.

THE COURT: Wait, wait, one, two, zero?

THE PETITIONER: One, two, zero Oceania.

THE COURT: Oceania.

THE PETITIONER: Drive West.

THE COURT: Uh-huh.

THE PETITIONER: Brooklyn, New York, 11235.

THE COURT: How many tenants were there?

THE PETITIONER: Three.

THE COURT: Three tenants. That was through

August of '09?




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PROCEEDINGS 23

1 THE COURT: How much money would you say

2 you've borrowed from your sister this year towards pay-

3 ment of other expenses? 2009 I mean.

4THE PETITIONER: About 10,000.

5 THE COURT: 10,000 from your sister?

6 THE PETITIONER: Um-hmm.

7 THE COURT: She's capable of loaning you that

8 kind of money?

9 THE PETITIONER: Not right away, different

10 times during the last year.

11 THE COURT: So again, outside of the rents

12 that you received, and the money you borrowed from your

1 3 sister there's no other income --

14 THE PETITIONER: No.

15 THE COURT: -- available to you to pay for

16 your expenses or your son's expenses?


18 THE COURT: We do have the Russian interpret

19 available.

20 Good afternoon.

21 THE INTERPRETER: Good afternoon, your Honor.

22 THE COURT: All right, ma'am, if -- I want y

23 to be very clear about this. If you're going to use the

24 Russian interpreter you have to listen to her, wait til

25 what I say is translated into Russian before you answer.




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PROCEEDINGS 24

1 And you can only speak in the Russian language.

THE PETITIONER: May I answer in English?

THE COURT: No. That's what I'm saying. If

you need the interpreter we'll have her stay. If you

don't I'll let her go 'cause she has other things to do.

THE PETITIONER: I can answer in English.

THE COURT: So you're waiving the interpreter

THE PETITIONER: Yes. Yes.

THE COURT: You want to speak entirely in

English?



Then I apologize, Madam Interpreter. Thank

you for stopping by, though. There was a question.

(Whereupon, interpreter exits courtroom.)

THE COURT: All right, now let me just ask y

a couple more questions, ma'am. I'll let your attorney

ask further questions if he feels it necessary to supple

ment but -- and I realize there are issues, legal issue

between yourself and Mr. Krichevsky regarding these

properties. But Does your name appear on any deeds as

owner for any properties other than -- well, does it

appear as owner on the property located on Oceania Driv

West? Is your name on the deed as an owner?



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PROCEEDINGS 25

1 THE COURT: It is? Does your name appear as

2 owner on any other deeds for any other properties?

3 THE PETITIONER: 2620 Ocean Parkway.

4 THE COURT: What's that address?

5 THE PETITIONER: 2620 Ocean.

6 THE COURT: One, six?

7 THE PETITIONER: Two, six, two, zero Ocean

8 Parkway.

9 THE COURT: 2620 Ocean Parkway. Is any por-

10 tion of that property rented to tenants?

11 THE PETITIONER: Uh --

1 2 THE COURT: Well, that's where you live.

1 3 THE PETITIONER: Yes, I live there.

1 4 THE COURT: You're talking about the apart-

1 5 ment, your parents' apartment.

16 THE PETITIONER: Yes. My parents not alive

17 anymore.

18 THE COURT: So now the apartment's in your

19 name?

20 THE PETITIONER: It's belong to me and my

21 sister, half mine, and half belong to my sister.

22 THE COURT: You both own the apartment toget

23 er?


25 THE COURT: And what's her name, ma'am?


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PROCEEDINGS 26

THE PETITIONER: Her name?

THE COURT: Um-hmm.

THE PETITIONER: Larissa Gaber, G-A-B-E-R.

THE COURT: G-A-B?

THE PETITIONER: E-R.

THE COURT: E-R. And this is the sister who

loaned you money?


THE COURT: To help you pay your bills.



Counsel, do you have any questions before yo

client to supplement what she told me about her income?

MR. LEVORITZ: Yes, your Honor.

THE COURT: I'm only concerned about income

this point.

MR. LEVORITZ: Only about her income and the

employment that your Honor asked about.

THE COURT: Yes.

MR. LEVORITZ: Ms. Svenson --

(Inaudible) to admit documents into evidence,

your Honor, that I have here? Would that be okay to go

through?

THE COURT: What do you have?

MR. LEVORITZ: IRS documents that show that


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Svenson-direct 27

1 she owes a lot of money to the IRS, and that if she did

2 obtain a job --

3 THE COURT: I asked about income.

4

MR. LEVORITZ: She can't --

5 THE COURT: This is only about income.

6 MR. LEVORITZ: If she had a job, your Honor,

7 she would not receive very much, if any, income from it

8 THE COURT: That's not my question, counsel.

9 That's not my point. I asked her about income.

10 MR. LEVORITZ: And a job.

11 THE COURT: What I want to hear about right

1 2 now is income.

1 3 MR. LEVORITZ: And you asked her about a job

1 4 your Honor.

1 5 THE COURT: So you want her to testify as to

16 what prevents her from finding a job.

17 MR. LEVORITZ: What prevents her from earnin

18 income, your Honor.

19 THE COURT: Two questions.

20 MR. LEVORITZ: Two questions.

21 DIRECT EXAMINATION

22 BY MR. LEVORITZ:

2 3 Q Ms. Svenson, how much do you owe the IRS total?

24 A I think it's around 250 to $300,000.

25 THE COURT: 250 to 300,000?


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Svenson-direct 28


Q Why do you owe the IRS roughly 250 to $300,000?

A In 2001 it was --

THE COURT: She didn't file her taxes, coun-

sel?

MR. LEVORITZ: No, your Honor, not at all.

fact, she was a dependent on the respondent's taxes.

THE COURT: You have a document you want to

offer that explains all this?

MR. LEVORITZ: No. There is no one document

that explains all this, your Honor. There are many

documents, and different places, and different time

periods. But she was a dependent back in 2001, 2002,

2003, four and five of the respondent. And he was filin

taxes on her behalf, which is one of t he things that w

would have gotten to in discovery, but never got there.

THE COURT: I'll note your objection, counsel

Ma'am, plain and simple, how does your tax

debt prevent you from working outside the home?

THE PETITIONER: Tax return?

THE COURT: Your tax debt. Your attorney

tells me you owe a lot of money to the government.


THE COURT: How does that prevent you from

working out side the home?




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Svenson-direct 29

1 THE PETITIONER: First, if I started to work

2 now 65 percent of my salary will be collected by IRS.

3 THE COURT: Yeah. Well, I'm not saying that

4 true, but that doesn't mean you can't work. It doesn't

5 prevent you from getting a job.

6 THE PETITIONER: I can work, but it's not

7 going to improve my financial state.

8 THE COURT: It might help a little bit, would

9 n't it?

10 THE PETITIONER: Little.

11 THE COURT: Anything else you want to ask her

1 2 counsel?

1 3 MR. LEVORITZ: I would have liked her to

1 4 explain why that this is not her fault, this is not her

15 issue, and this is a cause of the respondent, your Honor

16 I believe --

17 THE COURT: Well, see, counsel, that's pre-

1 8 cisely the point I was trying to make earlier. I don't

19 care about the party's other issues. This is not tax

20 court. This is not a partition action. This is a chil

21 support proceeding.

22 MR. LEVORITZ: Yes, but if your Honor does

2 3 decide to impute income to her in any way, shape or for

24 this would affect that particular part of the decision.

25 THE COURT: She has an earning ability. She


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Svenson-direct 30

1 told me about it. Right?

MR. LEVORITZ: She has an earning ability, bu

that earning --

THE COURT: I don't care what horrible thing

the gentleman may have done to her, quite frankly. And

I'm sorry to be so callous, but quite honestly I don't.

MR. LEVORITZ: It's not a willful issue, you

Honor. (Inaudible) an issue of willfulness.

THE COURT: It's not relevant, that's why

you're not being allowed to ask.

MR. LEVORITZ: If that's the ruling, so be it

your Honor.

THE COURT: Anything else you want to ask he

about income?

MR. LEVORITZ: Your Honor, there's simply no

enough time to go through every issue that I would have

liked to. I would have liked to ask her about the incom

from her sister. I would have liked to have gone into

whether or not she has bank accounts. I would have like

to have gone into why she has certain financial issues.

I would have liked to --

THE COURT: There's nothing --

MR. LEVORITZ: -- go into her standard of

living --

THE COURT: She lists nothing --


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Svenson-direct 31

1 MR. LEVORITZ: -- and the child's standard o

living.

THE COURT: Counsel, she lists no assets on

her financial.

MR. LEVORITZ: The apartment is listed on th

financial document, your Honor.

THE COURT: No. I don't see anything about

bank accounts.

MR. LEVORITZ: Well, she has no bank accounts

I want to go into why she doesn't have any bank accounts

and why she --

THE COURT: Why do I care if she doesn't hav

any bank accounts?

MR. LEVORITZ: Because it goes toward the

necessity for her needs based award rather --

THE COURT: No

MR. LEVORITZ: -- than a CSSA based award.

THE COURT: No. No, all that means is that

she says she has no bank accounts. If Mr. Levoritz can

cross-examine and trip her up --

MR. LEVORITZ: Mr. Singer.

THE COURT: Singer. I apologize.

MR. LEVORITZ: It's okay, your Honor.

THE COURT: That's what this is all about.

This is not about sympathy. It's not about pity. She




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Svenson-direct 32

submitted her financial disclosure affidavit.

MR. LEVORITZ: No, your Honor --

THE COURT: It's very brief.

MR. LEVORITZ: It's about whether or not a

needs based award should be based upon the circumstances

THE COURT: I'm still working on income,

counsel. Forgive me, I'm slow that way.

All right, anything else about income?

MR. LEVORITZ: Ms. Svenson --

MR. SINGER: Your Honor, may I object?

THE COURT: To what?

MR. SINGER: Well, he's referring to a docu-

ment. I don't have a copy of that document.

THE COURT: I haven't seen it either, so

relax.

MR. SINGER: Are you moving it into evidence

MR. LEVORITZ: I have not referred to a docu-

ment.

THE COURT: Everybody sit down, please.

Anything else about income? Third time. La

time.

Q Ms. Svenson, are you currently in school?

A Yes. I started school, nursing school.

THE COURT: Nursing school.



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Svenson-direct 33

1 Q Why did you start going to nursing school?

2 A To improve my financial state.

3 Q Why particularly nursing?

4

A I worked before as medical assistant. It's psycholo

5 gy. It's related to nursing.

6 Q long will it take you to complete your degree in

7 nursing?

8 A About two years.

9 Q And where do you stand right now in terms of going t

10 school? How much have you completed towards a degree?

11 A About 6,000.

12 THE COURT: I didn't hear that.

13 MR. LEVORITZ: How many credits?

14 THE PETITIONER: Oh, how many credits? It's

15 61credits.

16 Q And how many have you completed?

17 A I completed about 15.

18 THE COURT: Fifteen?

19 THE PETITIONER: Fifteen.

20 THE COURT: Fifteen.

21 THE PETITIONER: One, five.

22 THE COURT: What school do you attend, ma'am?

23 THE PETITIONER: Dominican College.

24 THE COURT: And who's paying for it?

25 THE PETITIONER: I'm taking loan. I can pay.




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Svenson-direct 34

1 THE COURT: Financial aid?


THE COURT: You borrowed money yourself?

THE PETITIONER: It's payment. It's payment

plan.

THE COURT: With the school, or is it a guar-

anteed student loan?

THE PETITIONER: With school.

THE COURT: The school loaned you money?


THE COURT: What's the tuition there?

THE PETITIONER: About 7,000 a year.

Q When do you --

THE PETITIONER: Sorry. Per semester.

THE COURT: Per semester.


Q When do you plan on graduating from the program?

A 2012.

Q When you graduate from that program what is your pl

after that?

A I plan work.

THE COURT: As a nurse?

THE PETITIONER: As a nurse.

THE COURT: But it's going to be a couple of

years down the road.


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PROCEEDINGS 35



Anything else, counsel? On income again.

MR. LEVORITZ: Just on income. No, your

Honor, nothing else on income.

THE COURT: All right, Mr. Singer, any cross-

examination?

MR. SINGER: Well, I'd like to be able to

speak to my client before doing that.

THE COURT: No.

MR. SINGER: Your Honor, he has more persona

knowledge than I do about the situation.

THE COURT: Counsel, how long have you lived

with this case? She testified to very simple facts. A

her some questions.

MR. SINGER: I have some questions, your

Honor. I'd like to beg the Court's indulgence, if I

could see her financial disclosure affidavit. I was

never served a copy. And mine, the only one I got was

attached to the papers.

THE COURT: Take a look.

MR. SINGER: Thank you very much.

THE COURT: It's not that extensive.

MR. SINGER: I just need three seconds just

to look at it to refresh my recollection. I would


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Svenson-cross 37

1 A Only for last year, starting from last year.

2 Q How much has she been sending you on a monthly basis

3 A It's not like monthly basis. When she comes here

4from Germany to visit me she brings some money.

5 Q What does your sister do?

6 A (No response.)

7 THE COURT: What does she do for a living is

8 the question, ma'am.

9 THE PETITIONER: She has boutique in -- stor

10 in Berlin.

11 THE COURT: (Inaudible)


1 3 Q What kind of boutique is this?

1 4 MR. LEVORITZ: I'm going to object on the

15 grounds of relevancy.

16 MR. SINGER: Your Honor, we're trying to

17 figure out what her income base is.

1 8 THE COURT: Well, I don't care what the

19 sister's income is. Ask her how much she's received fro

20 the sister since the parties separated in October of las

21 year.

22 Q How much money did you receive from your sister sinc

2 3 the parties separated?

24 A 10,000.

25 Q (Inaudible) $10,000? Your Honor, how would -- what


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1

2

your -- what would you say your monthly budget is?

A (No response.)

Q What's your monthly budget?

THE COURT: What are you asking, counsel?

MR. SINGER: What is her monthly budget, how

much is she spending a month. I'm trying to figure out

how she's only -- if she's only getting $10,000 from he

sister.

THE COURT: Counsel, add it up. It's not th

extensive.

THE RESPONDENT: She is short.

THE COURT: Sir. No. You don't speak until

you're given permission.

Ma'am, I think what counsel is getting at is

if he or I add up all those expenses, and you're tellin

me that the only income comes from the money that you

received from your tenants up until August, and the mon

borrowed from your sister, there's likely going to be a

short fall. Is that true? Or are you meeting all of

your expenses, the ones you listed on the booklet?

THE PETITIONER: I loan money from my sister

because I have to pay for -- to pay lawyers.

THE COURT: Do you owe anybody any money

outside of lawyers?

THE PETITIONER: No.



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Svenson-cross 39

1 THE COURT: You do not?


3 THE COURT: So presumably all the expenses

4

wrote down in that booklet are being met from whatever

5 source.


7 THE COURT: You have to answer.


9 THE COURT: Yes. Okay, next question.

10 Q Do you have more than one sister, or just one siste

11 How many sisters do you have?

12 A One sister.

13 Q And where in Germany does she live?

14 THE COURT: She said Berlin, counsel.

15 Q Can I have her address, please?

16 THE COURT: Why do you need an address?

17 You're not subpoenaing her in Germany.

18 MR. SINGER: Well, it was very suspicious,

19 your Honor, regarding this.

20 THE COURT: What's suspicious? If you have

21 proof she has other sisters you can present that when

22 it's your turn.

2 3 And, counsel, are you conducting this examin

24 tion, or is your client?

25 MR. SINGER: I'm --




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Svenson-cross 41

1 A I don't know.

2 Q Are you receiving any sort of public assistance in

3 the United States?

4A No.

5 Q What efforts have you made in the last eight months

6 to get a job? Since I've been on this case I don't recall

7 you ever having a job. Have you made any efforts, have you

8 made any applications --

9 A No.

10 Q -- have you answered any advertisements?

11 A No.

12 Q Why is that?

1 3 A As I told already, I cannot go to work because IRS

1 4 will collect almost all money I will make.

1 5 Q So the only reason you're not working at this point

16 is you think the IRS is going to take all your money. So y

17 figure it's better not to work; is that correct?

1 8 MR. LEVORITZ: Objection, argumentative.

19 THE COURT: This is not an argument, counsel

20 If that's a conclusion you want me to draw you can cer-

21 tainly do that in summation. Anything else?

22 MR. SINGER: Just a couple of other things,

23 your Honor.

24 Q The apartment's in your name, the co-op on Ocean

25 Avenue? Is that in your name?


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Svenson-cross 42

THE COURT: She said it's owned jointly be-

tween herself and her sister.

MR. SINGER: What she said is she owns it wi

her sister, but I want to make sure that she understand

it is her apartment. Is she on the proprietary lease i

my question.

THE COURT: She said yes, with her sister.

That's the testimony.

Q Is that correct, are you on the proprietary lease?

THE COURT: Counsel, she answered it already.

Ask another question.

MR. SINGER: I don't think she gave a clear

answer to that, your Honor. That's why I'm asking the

question. I wouldn't be wasting the Court's time.

didn't think she'd answered that question properly.

MR. LEVORITZ: I don't think she can answer

what a proprietary lease is.

MR. SINGER: Well, then we need the Russian

interpreter back in here.

THE COURT: No, we don't. She said she owns

it jointly with her sister. Next question.

Q Is your sister lending you money for attorney's fees

as well?

THE COURT: Is she helping you pay for your

attorneys?




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Svenson-cross 43

1 THE PETITIONER: It was only 10,000. That's

2 i t .

3 THE COURT: That's the total amount.

4A The whole money --

5 Q Is the $10,000 being used for attorneys?

6 THE COURT: Counsel, if you're going to ask

7 question can you let her answer it?

8 MR. SINGER: Absolutely. I apologize.

9 THE COURT: You're using some of that money

10 pay your attorneys?


1 2 THE COURT: Yes.

1 3 Q Isn't it a fact, you paid to Mr. Levoritz here a

14 $5,000 retainer?

15 A Yes.

16 Q So you have $5,000. Isn't it a fact you have a

1 7 Supreme Court attorney for your Supreme Court real estate

18 case; correct?

19 A It's not extra. I just paid $5,000.

20 Q You paid 5,000 to Mr. Levoritz. That's what you jus

21 said, but how about to Mr. Biancanello in Supreme Court? Ho

22 much did you pay him as a retainer?

2 3 A Five thousand.

24 Q So the $10,000 you got from your sister all has gone

25 to legal fees; is that correct?


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Svenson-cross 44

1 A Yes.

Q So how are you paying for your expenses on a monthl

basis?

A From money I collected from tenants.

Q That's the only income you have right now?

A Yes, it's the only income.

Q And you're supporting everybody on that. You haven

borrowed any money?

A No.

THE COURT: Outside of school I guess he

means, ma'am.


THE COURT: Do you ever use any of the finan-

cial aid, the loan money for living expenses?

THE PETITIONER: (No response.)

THE COURT: Did you ever use some of the loa

money for living expenses like food, clothing, transpor-

tation?

THE PETITIONER: Not really. I loan maybe

1,000 from friend.

Q But you did borrow some --

THE COURT: So you had to use some of the

money for living expenses since you stopped collecting

the rents in August.

THE PETITIONER: No.



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Svenson-cross 45

1 THE COURT: No?

2 THE PETITIONER: I can say no. It was 10,00

3 and there's 25 , 2825 every month.

4MR. SINGER: I'm sorry, your Honor, just to

5 clarify.

6 Q Did you say you lent --

7 THE COURT: She only borrowed the 10,000, an

8 the rents that she was getting from the tenants up unti

9 August.

1 0 MR. SINGER: Okay, but she mentioned a frien

11 I am not clear.

12 Q Did you borrow money from a friend, or did you lend

1 3 friend?

14 A No. No.

15 Q Did you borrow or lend?

16 A I didn't borrow. I borrow money just for my sister,

1 7 the only sister I have.

18 Q But you mentioned a friend just now, and that's wher

19 I get a little unclear.

20 Did you borrow money from a friend, or did you lend

21 it to a friend?

22 A No. No.

2 3 Q No, what?

24 A I did 't

transcript of brooklyn family court hearing - slavery begins, part ii, pages 1-45

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