First Notice To Admit

CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF KINGS
INDEX NO. 056717/2013
NEW CENTURY FINANTIAL SERVICES, INC.,
Plaintiffs,
FIRST NOTICE TO
-against- ADMIT FACTS AND
GENUINESS OF
Michael Krichevsky,, DOCUMENTS
Defendant.
Michael Krichevsky,
Third Party Plaintiff,
-against-
John Fasone, Yonatan Levoritz, Esq., Victor Katkalov, KINGS
COUNTY CHILD SUPPORT COLLECTION UNIT, Elena
Svenson,
Third Party Defendant.
COUNS E L ORS :
PLEASE TAKE NOTICE, that pursuant to rule 3123 of the CPLR, defendants John
Fasone, Yonatan Levoritz, Victor Katkalov, KINGS COUNTY CHILD SUPPORT
COLLECTION UNIT (CSCU) by GLADYS N. EGWOUNWU, ESQ. and Elena Svenson each
separately are hereby requested to furnish to the undersigned, within 20 days after service of this
notice, a written admission UNDER OATH of facts and of the genuineness of the following
papers and/or documents, copies of which are annexed hereto as exhibits:
INSTRUCTIONS
If you deny genuineness of document or of information in the document, please provide
one of your own, which you can locate in Kings County Family Court file or your own
file. In addition, if you deny any fact please state the ground, name the witness or
produce documentary evidence you now rely in your denial. If you need more space, use
separate sheet of paper with the corresponding ^ f number.
1. Plaintiffs financial disclosure affidavit, pay stubs and attorney's affirmation filed in
Kings County Family Court, Exhibit 1.
Admit Deny
2. Admit the fact that in above said affidavit plaintiff lists his checking account from
Sovereign Bank - with $1700.00 balance.
Admit Deny
3. Admit the fact that plaintiff in above said affidavit made the following statement, "my
debt is $ 1.6 million versus income less than 4K per month. I am technically a bankrupt."
Admit Deny
4. To defendants Fasone, Levoritz, Katkalov, CSCU and Svenson, admit the fact that
neither Svenson, nor CSCU or any other witness produced any admissible documentary
evidence to rebut Plaintiffs financial disclosure affidavit, pay stubs and attorney's
affirmation.
Admit Deny
5. NOTICE OF DEPOSITION UPON ORAL EXAMINATION and NOTICE TO
PRODUCE served on August 10, 2009 on the CITIBANK, which copy sent to my
attorney, Dan Singer, Exhibit 2.
Admit Deny .
6. To defendants Levoritz and Katkalov: please admit that in your If 19 of third-party answer
to my 129 complaint you deny any knowledge that I had contract with Citibank.
Admit Deny .
7. NOTICE OF DEPOSITION UPON ORAL EXAMINATION and NOTICE TO
PRODUCE served on August 10,2009 on the LEON MANDEL of LEON
CONSTRUCTION, which copy sent to my attorney, Dan Singer, Exhibit 3.
Admit . Deny
NOTICE OF DEPOSITION UPON ORAL EXAMINATION and NOTICE TO
PRODUCE served on August 10, 2009 on the SERGEY DRABKIN of CONSELA
ENGENEERTNG, PC, which copy sent to my attorney, Dan Singer, Exhibit 4.
Admit Deny
9. To defendants Levoritz and Katkalov: please admit that in your ^[25 and 30 of third-
party answer to my Tffl 51 and 58 of complaint you deny any knowledge that I had valid
contract with LEON CONSTRUCTION.
Admit Deny
10. To defendants Levoritz, Katkalov and Svenson: please admit that you acted on the
presumption that contracts between CITIBANK, LEON CONSTRUCTION and me were
valid when you served above mentioned subpoenas and mentioned LEON
CONSTRUCTION in your affidavits or affirmations, or both during the child support
proceedings.
Admit Deny
11. To defendant Fasone: please admit that you acted on the presumption that contract
between LEON CONSTRUCTION and me was valid when other defendants served
above mentioned subpoenas and mentioned LEON CONSTRUCTION in their affidavits
or affirmations, or both during the child support proceedings.
Admit Deny
12. FINANCIAL DISCLOSURE AFFIDAVIT PRE-FATHER ABANDONMENT filed in
Kings County Family Court and served on my attorney, Dan Singer.
Admit Deny
13. To defendants Levoritz, Katkalov and Svenson: please admit that in above said affidavit
EXPENSES sec. Tfa. rent or mortgage payments, you list $2600.
Admit Deny
EXPENSES sec. ^ fa. is false because Svenson did not work, did not pay rent or mortgage
- instead, I did.
Admit Deny
EXPENSES sec. ^ fg. household repairs, you list $10,000 unspecified monthly or weekly
expense.
Admit Deny
EXPENSES sec. ^ fg. is false because Svenson did not work, did not pay rent or mortgage
- instead, I did - and even I did not spend $10,000 per month in repairs.
Admit Deny
EXPENSES sec. If e. you list utilities $520
Admit Deny .
EXPENSES sec. ^ fg . is false because Svenson did not work, did not pay for utilities -
instead, I did.
19. Admit Deny
EXPENSES sec. 1f j. you list in auto expenses loan $770.
Admit Deny
EXPENSES sec. Tf j. is false because Svenson did not work, did not pay for auto expenses
- instead, I did - but I did not have $770 per month in auto loan.
22. Admit Deny
EXPENSES sec. 1f.m. You list health insurance $1000
24. Admit . Deny
EXPENSES sec. ^ f m. is false because Svenson did not work, did not pay for health
insurance - instead, I did.
26. Admit Deny
EXPENSES sec. ^ f v. other you list jewelry as monthly expenses.
Admit Deny
28. To defendants Fasone, Levoritz, Katkalov and Svenson: please admit that in above said
affidavit EXPENSES sec. 1 v. is false because Svenson later testified to Fasone, Levoritz
and my attorney, Dan Sing er, during evidentiary hearing that Svenson didn't have
jewelry, except one little ring .
Admit Deny
29. To defendants Levoritz, Katkalov and Svenson: please admit that above said affidavit is
perjury and fraud upon the court due to the false information in it.
Admit Deny
30. FINANCIAL DISCLOSURE AFFIDAVIT POST-FATHER ABANDONMENT filed in
Kings County Family Court and served on my attorney, Dan Singer.
Admit Deny
INCOME section you list $2825 per month.
Admit Deny
32. To defendants Fasone, Levoritz, Katkalov and Svenson: please admit that in above said
affidavit total of expenses would be $4245.
Admit Deny
33. To defendants Fasone, Levoritz, Katkalov and Svenson: please admit that above said
affidavit is false because it is mathematically impossible to pay monthly $4245 in
expenses with $2825 in income.
Admit Deny
34. To defendants Levoritz, Katkalov hand Svenson: please admit that in above said affidavit
you list debt to IRS is $300.000
Admit Deny
35. To defendants Levoritz, Katkalov and Svenson: please admit that above said statement is
false because real debt to IRS at that time was about $130.000.
Admit Deny
36. To defendants Levoritz and Katkalov: please admit that you prepared above said
Svenson's affidavits and you certified the accuracy of information by your signature.
Admit Deny
37. To defendants Fasone, Levoritz, Katkalov and Svenson: please admit that above said
affidavits are perjury and fraud upon the court due to the false information in them.
Admit ^ Deny
38. To defendants Fasone, Levoritz, Katkalov and Svenson: please admit that you did not
produce a timely reply to my Custody and Visitation Petition
Admit Deny
39. To defendants Fasone, Levoritz, Katkalov and Svenson: please admit that you did not
produce a timely reply to my Child Support Modification Petition.
Admit Deny
X
[defendant's signature]
Sworn to before me this
. day of May, 2014
NOTARY PUBLIC
FAMILY COURT COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
_______ ---- ---- _-. * ---- --- ------ _y^
ELENA SVENSON, File No: 142040
Docket No.: P-28901
Petitioner,
Next Appearance Date:
-against- ' October 8, 2009
Part 27
MICHAEL KRICHEVSKY, Hon. John M. Fascone,
Special Magistrate
Respondent.
FINANCIAL
DISCLOSURE
AFFIDAVIT
NOTICE: YOU ARE REQUIRED TO ATTACH TO THIS FORM A CURRENT AND
REPRESENTATIVE PAYCHECK STUB AND COPIES OF YOUR MOST RECENTLY
FILED STATE AND FEDERAL INCOME TAX RETURNS, INCLUDING A COPY OF
THE W-2 WAGE AND TAX STATEMENT^) SUBMITTED WITH THE RETUNRS.
YOU MAY ALSO BE REQUIRED TO PRODUCE OTHER PAYCHECK STUBS,
EMPLOYMENT OR BUSINESS RECORDS AND PROOF OF CLAIMED EXPENSES.
YOU ARE ALSO REQUIRED TO PROVIDE INFORMATION RELATING TO ALL
ACCIDENT, LIFE, AN HEALTH INSURANCE PLANS AVAILABLE TO YOU FOR
THE PROVISION OF INSURANCE, HEALTH CARE, DENTAL CARE, OPTICAL
CARE, PRESCRIPTION DRUG AND OTHER PHARMACEUTICAL AND HEALTH-
RELATED BENEFITS FOR THE CHILD(REN) FOR WHOM SUPPORT IS SOUGHT.1
'.? *
STATE OF NEW YORK ) ^
) SS: '-:
COUNTY OF KINGS ) IT
MICHAEL KRICHEVSKY, the Respondent herein, residing at c/o Wittenstein & . ^' ;
Associates PC^. 2502 86th Street, Brooklyn, New York 1 1214, being duly sworn, deposes ar?
says that the following is an accurate statement of my income from all sources, my liabilitigf, my;
assets and my net worth, from whatever sources, and whatever kind and nature, and wherever ""'
situated :
I. INCOME FROM ALL SOURCES: The correct amount of child support obligation is
presumed to be a percentage of income as defined by law. The percentages are set forth in
Addendum A. Other pertinent information is set forth in Addenda B and C. List your income
from all sources as follows:
1 Unless ordered confidential, pursuant to Family Court Act 154-b, because of a risk that disclosure would place the
health, safety, or liberty of the party at risk. See Form GF-21 and GF-21a, available at www.nycourts.gov
Page: 2 of 7
Docket No: P-28901-08
4-17
a. Wages and Salaries (as reportable on Federal and State income tax returns): _ ^ /
1. Employer and address W / 776/ ^g-f BY/^ & ft-Z'So C-Wf*^, feC . fl&oo/.y/v>x.7 / _ , _ , / ,
2. Number of members in household _ _ _ _ _ _ _
3. Number of dependents \_
4. Hours worked per week ^ 0 ~ ~ 3 t}
5. Weekly gross salary/wages
6. Weekly deductions:
a. Social Security (PICA) Tax
b. New York State Tax . t^> 4 e-d *~ ^^^* vi
c. Federal Tax K^ <
d. Other payroll deductions fa e. ft i c 441 -e.
7. Income of other members of household
NOTE: ATTACH INFORMATION FOR ADDITIONAL EMPLOYERS ON SEPARATE PAGES.
b. Self-Emplovment Income (Describe and 1 1st self-employment income; attach to this form the most
recently filed Federal and State income tax returns, including all schedules): /-/ //f _
c. Interest/Dividend Income: ! >
d. Other Income: J AX ?
1. Workers Compensation
2. Disability Benefits
3. Unemployment Insurance Benefits _
4. Social Security Benefits _
5. Veterans Benefits
6. Pensions and Retirement Benefits
7, Fellowships/Stipends/Annuities _
e. Income from other sources (List here and explain any other income including but not limited to:
non-income producing assets; employment 'perks' and reimbursed expenses; fringe benefits as a
result of employment; periodic income, personal injury settlements; non-reported income; and
money, goods and services provided by relatives and friends): _ , ~ _ _
II. ASSETS: The Court can consider the assets of the custodial parent and/or the non-custodial
parent in its award of child support, List your assets as follows:
a. Savings account balance (Name of bank: ///4 _ ) a)$ O
b. Checking account balance (Name of bank: ^n^f^rje^c^l 0-c^^} b)$ 17 6"O
c. Automobile(s) (Year anr l mo *"" _ ) c)$Q _
Loan Information- . _ _ . _ /> a
6 ^
d. Residence owned.Address: ^1 ~ U /-TL/A/T7C t^t- ) d)$_ _ , ln
c^>J^"f * * * Page: 3 of 7
Docket No:P- 28901- 08
<Ô~,".-~ . _ r-I ~ J.I LV î- v. u ^_j ^
e. Other real estate owned {W 0 c^^^ >/-. & If 7 S,P e)$
f. Other assets (For example: stocks, bonds, trailers, boat, etc.) f)$ / f 0 P -o . o-o
g. Driver's, professional , recreational , sporting and other licenses and permits hel d (provide name
of issuing agency, license number and attach a copy if possibl e)
NOTE: ATTACH TO THIS FORM ANY INFORMATION AS TO ANY ADDITIONAL ASSETS.
III. DEDUCTIONS FROM INCOME; The Court al l ows certain deductions from income prior to
applying the child support percentages. List the deductions that apply to you as follows:
a. Unreimbursed employee business expenses a)$_ 0
b. Maintenance actual l y paid to spouse not a party to this action* b)$_0
c. Maintenance act ual l y paid to spouse who is a party to this action c)$ O
d. Chil d support act ual l y paid on behalf of non-subject chil d(ren)* d)$ O
e. Family Assistance e)$ 0
f. Supplemental Security Income f)$ 0
g. NYC/Yonkers Income Tax g)$
h. PICA h)$
* Attach to this form a copy of the appropriate Court Order
IV. HEALTH INSURANCE, UNREIMBURSED HEALTH-RELATED EXPENSES, CHILD
CARE, EXPENSES, EDUCATIONAL EXPENSES AND LIFE AND ACCIDENT
INSURANCE POLICIES: As part of the child support obligation, parents shal l .be directed to
provide health insurance coverage, pay a pro-rated share of the cost or premiums to obtain or
maintain the health insurance coverage, and pay a pro-rated share of unreimbursed health-related
expenses, pay a pro-rated share of child care expenses and in the Court's discretion pay educational
expenses. The Court may direct you to purchase and maintain l ife and/or accident insurance benefits
or assign benefits on existing policies for the benefit of your chil dren. List your informat ion as
follows and cross out or delete inapplicable provisions:
a.B7! have health insurance coverage through [specify]:
[êmployer or organization D private purchase D New York State "Child Heal th Plus"
program D New York State Medical Assistance Program.
D I do not have health insurance coverage [If this box is checked, skip to ^[ IV b].
1. My coverage incl udes Q'rnedical D dental, (^prescription drug, D optical, D other heal th
care services or benefits [specify]:
2. The portion of the cost of the insurance paid by my employer or through my employment
is S 4/(^j[^-/ .per [specify time period]: ru^ ,/^-Q kAfa . The cost of the
insurance paid by me is $ O per [specify time period]:
3. The person(s) covered by my insurance is/are:
4. My pol icy number is r t >7%t (S>3
5. Coverage D does Q does not presently include my chil d(ren). The addit ional cost to me
to incl ude my chil d(ren) woul d be [specify cost for each type of benefit; if benefit
P a g e ; 4 o f 7
Docket No: P-2890 1-08
4 -17
una va ila ble , so indica te ]:
Me dica l: $ per . Optical: $
Dental : $ per . Prescriptio n drugs : $
Other Health Services or Benef its [specify] : $
6. The na me a nd a ddre ss o f my prima ry (a nd secondary) he a lth
n / t j L r o L t i v^t L P A ^ . $E f*o .awi&KL
OC?e>(~-70-%/
pe r
per .
per
insure r is/ a re :
. r \
! < ?
/
&,C,f
'
_
7 . My prima ry (and se co nda ry) he a lth pla n a dministra to r is/are (indica te na me , a ddre ss a nd
te le pho ne numbe r o f co nta ct person f o r e mplo ye r o r o rg a niza tio n):
8. The re a re D me dica l, O de nta l, D pre scriptio n drug, D o ptica l, D o the r he a lth care be ne f its
[spe cif y]: _ _ _ _ _ _ insura nce be ne f its a va ila ble to the child(re n)
thro ug h a n i ndi vi dua l who is no t a pa rty to this a ctio n. This individua l is [indicate na me a nd
relationship]: _ _
_ _ _ . These be ne f its cost as f o llo ws: _ per [spe cif y
time pe rio d]:
b. My child care pro vi de r is: . The a ve ra g e numbe r o f
ho urs of child care incurred per week are:
c. My child's e duca tio na l needs and expenses are:
d. I have the f o l l o wi ng lif e a nd accident insurance po licie s:
1. Lif e insura nce :(Na me of insurer): / ^ / A
(Benef lciary/Benef iciaries):_
(Name of insure r):
(Be ne f icia ry/Be ne f icia rie s):_
2. A ccide nt insura nce : (Na me o f insure r): / / - $_
(Na me o f insure r): $_
This i nf o r ma ti o n is curre nt as o f (spe cif y da te ) % > . Q ^ ,
V. VA RIA NCE FROM THE PE RCE NTA GE S: The Fa mily Court A ct a llo ws the Court to o rde r
suppo rt dif f e re nt f ro m the percentages if the Court f inds that the suppo rt based upo n the percentages
wo uld be unj ust o r ina ppro pria te due to ce rta in f acto rs. The f a cto rs a re se t f o rth in A dde ndum D.
The f o l l o wi n g i s/ a re the f a cto r(s) tha t the Co urt sho ul d -co ns i de r i n thi s
case:
VI, E XPE NSE S; In o rde ring suppo rt by the percentages the Co urt is no t obligated to co nside r
expenses. Ho wever, if the Co urt varies f ro m the percentages, expenses may be considered. List yo ur
expenses as f o llo ws: [List all expenses on a weekly or monthly basis; however, you must be
co nsiste nt: if any ite ms are pa id mo nthly, divide by 4 to o bta in the we e kly pa yme nt; if any ite ms are
pa id we e kly, multiply by 4 to obtain the mo nthly pa yme nt].
Page:5 of 7
Docket No; P-28901-08
4-17
(Please specify): I am listing my expenses on a (weekly)(monthlyj _ basis:
a. Rent or mor tgage payment a) $ , >
b. Mor tgage inter est and amor tization b) $_ 10, 00&
c. Realty taxes (if not included in mor tgage payment) c) $ ?S"0. #o
d. Insur ance on r ealty d) $^0
e. Uti l i ti es: gas I/ electr ic/water ^ telephone > < y cable ^ e) $_
f. Garbage collection f) $_
g. Household r epair s (specify: ) g) $_
h. Food h) $_ / 500.00
i. Charge accounts, loans, etc. 1) i) $ I GO
(from Section VII below) 2).
3) >
j . Auto expenses: gas maintenance v/ insur ance & fees i/ loan \ j ) $
k. Public tr anspor tation
I. Life insurance
m. Health insurance
n. Clothing: self $ ZA$ others $ (explain:
o. Laundry and dry cleaning o) $ 2-OO
p. Education and tuition (explain: boofo < = w-, 1 ^tsJ?U.o
q. Child care
r. Contr ibutions
s. Union dues (mandatory: yes no )
t. Enter tainment
u. Miscellaneous personal expenses (specify: AC? cA^> T
v. Other ("specify: O^-ot &^- o^c&eA j^s^'î-c^-^^-p-f/- u > f ,
k) $ O
1)$ 0
m) $ 0
) n) $ 1o
*&.*~s ) p ) $ jo
q) $ o
r ) $ 0
s) $ ^
t ) $ 3< 5
)
\ ,
u ) $ /
Cop^V .tcxo i ) V) $ (5 1
O
a
a
?-*
00
VII. LIABILITIES. LOANS AND DEBTS: In or der ing suppor t by the percentages the Court is
not obligated to consider liabilities, loans, and debts. However, if the Court varies fr om the
percentages, they may be considered. List your liabilities, loans and debts as follows:
Cr editor \A/ ft fa^ _ Cr editor \A/&Ll$ p H&& Cr editor
Pur pose Ac-dr^g* e- Pur pose
Date incur r ed *L&o Date incur r ed 2-&&ty Date incur r ed
T otal balance due fo^fi i"70 T otal balance due /' Sfr < 9 ffo T otal balance due^^/ ^ o~^
/^- /f T "^ 6 > X -^d c^.( pv OP ^ {^ ?-oo ^_ { 9< p 5v
NOT E: AT T ACH T O T HIS FORMT NFORMAT ION REGARDING ANY ADDIT IONAL DEBT S.
Unt DANIEL A. SINGER
Ntery Public, State of New Yoric
I have car efully read the for egoing statement and attest to its tr uth and accuracy. No. 026116795
r, , 8ua.flf5e in New York County
c^, i. U / / Commission Expires October 12 201
^w nt^î ^n W L [ L ~tr ir ~~i ~~~~~^^
11* ^ J[ ^ J^tW fiM W . j^^- "
IA^,^ , /,/ ,, Michael Kr ichevsky
WITTENSTEIN & ASSOC.
EMP.
NAME
WAQE8 EARNED
F.LCXTAX
WTTHHOLDN3
MEWCARETAX
WITHWOtDNG
FED.wrrB-
HOLONQTAX
STATE WrrH-
HOLDtNGTAX
TOTAL
DSXJCTONS
AMOUNTOF
THIS CHECK
"t-OO
t^H
i-H
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I&M"!
--T
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WITTENSTEIN & ASSOC.
I/
PAYROLL
ENOIN<3
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WAQE8 EARNED
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WTTHHOLDKa
MED1CARETAX
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HOLDINGTAX
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TOTAL
DEDUCTIONS
AMOUNTOF
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~L
1 $2>
< 8 ^7
-

-
FAMILY COURT COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
~ ~ ^\
ELENA SVENSON, File No: 142040
Docket No.: P-28901
Petitioner,
-against- AFFIRMATION OF
HARLAN
MICHAEL KRICHEVSKY, WiTTBNSTEIN
Respondent.
HARLAN WITTENSTEIN, an attorney licensed to practice within the state of New York,
hereby affirms pursuant to CPLR 2106 as follows:
1. I am an attorney duly admitted to practice before the Courts of the State of New
York. I am also the sole principal of the law firm Wittenstein & Associates, P.C., having an
address of 2502 86th Street, 3rd Floor, Brooklyn, New York 11214 (the "Firm")-
2. Michael Krichevsky has been employed as a paralegal at my Firm
since approximately 1995.
3. The Firm is currently providing Michael Krichevsky with health insurance
coverage through Oxford Health Plans.
4. The Firm is not providing health insurance to Michael Krichevsky's son,
David Svenson, at this time.
5. Michael Krichevsky's current salary is approximately $4,000 per month. The
change in economic conditions is adversely affecting my law practice. I pay
Michael Krichevsky a salary that the company can afford. At this time, I do not
anticipate that he will receive any bonus, ,/ j _ ,. '
W ITTE N S TE IN
FAMILY COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
ELENA SVENSON,
Petitioner,
-against-
MICHAEL KRICHEVSKY,
Respondent.
File No.: 142040
Docket No.: F-28901-08
NOTICE OF DEPOSITION UPON
ORAL EXAMINATION
-X
SIR(S)
PLEASE TAKE NOTICE that, pursuant to Article 31 of the Civil Practice Law and Rules, the
deposition upon oral examination of you fa person having personal knowledge of the manner in which CITI
BANK Business Records are made, kept and maintained), will be taken before a notary public, who is not an
attorney or an employee of any party or prospective party herein and is not a person who would be disqualified
to act as a juror because of interest, consanguinity or affinity of any party herein, at the Law Office Of
YONATAN S. LEVORITZ, P.C., located at 2306 Coney Island Avenue, Second Floor, Brooklyn, New York,
11223, on September 7,2009, at 9:30 a.m., and at any recessed, continued or adjourned date, to be examined on
all evidence material and necessary to the prosecution of this action.
Dated: Brooklyn, New York
August 10, 2009
Yours, etc.
LAW OFFICLVOF'YONATVN S. LEVORJT<"P.C.
By:
/YONATAN S. LEVORIT
2306 Coney Island Avenu;
Brooklyn, New York 112i
718-942-4004
Floor
3
0
z .
E
3
PLAINTIFF'S '
EXHIBIT
2.
SVENSON v. Krichevsky NOTICE OF DEPOSITION & SUBPOENA DUCES TECUM & NOTICE TO PRODUCE Page 1 of 8
COUNTY OF KINGS
ELENA SVENSON,
-against-
MICHAEL KRICHEVSKY,
Petitioner,
File No.:
Docket No.:
142040
F-28901-08
SUBPOENA DUCES TECUM &
AD TESTIFICANDUM
Respondent.
THE PEOPLE OF THE STATE OF NEW YORK
To: CITIBANK LEGAL SERVICES - INTAKE
One Court Square, 41st Floor
Long Island City, New York 11120
WE COMMAND YOU, that all business and excuses being laid aside, you fa person having
personal knowledge of the manner in which CITIBANK Business Records are made, kept and maintained), and
each of you appear and attend before a notary public, who is not an attorney or an employee of any party or
prospective party herein and is not a person who would be disqualified to act as a juror because of interest,
consanguinity or affinity of any party herein, at the Law Office Of YONATAN S. LEVORITZ, P.C., located at
2306 Coney Island Avenue, Second Floor, Brooklyn, New York, 11223, on September 7,2009. at 9:30 a.m., and
at any recessed, continued or adjourned date, to give testimony in this action on the part of the Petitioner, ELENA
SVENSON, and that you bring with you, and produce at the time and place aforesaid:
1. Certified Copies of all Cancelled Checks; to wit, the actual instruments, (from January 2004 to
the day on which this Subpoena is answered) on which MICHAEL KRICHEVSKY (Social
Security Number^^^ff^ has access as either in her own right as an "Account Holder" or
as a Secondary JVJHWraiereon granted access by a third party (be it in a Corporate Capacity,
business capacity, or Personal Capacity.
2. Certified Copies of all Bank statements, including the account application and all deposit slips,
and all-withdrawal slips on which MICHAEL KRICHEVSKY (Social Security Number-jg^j^
Wfft) has access as either in her own right as an "Account Holder" or as a Secondary Member
thereon being granted access by a third party (be it in a Corporate Capacity, business capacity,
a Personal Capacity).
3. Certified Copies of all Financial Records/ Bank Statements, including (without limitation),
retirement account statements including 401(k) Saving Plan, Student Loans, any statements
regarding investment strategy; any asset allocation statements, any insurance products, and
any/all financial information pertaining to MICHAEL KRICHEVSKY (Social Security Number
SVENSON v. Krichevsky NOTICE OF DEPOSITION & SUBPOENA DUCES TECUM & NOTICE TO PRODUCE Page 2 of8
r .
4. Certified copies of all documents pertaining to MICHAEL KRICHEVSKY (Social Security
Number MHI^BHjhfcat contain any/all financial information as to any accounts held in trust
for others, or that are held in joint-tenancy, whether said accounts are in his name solely or held
jointly with others, including: (without limitation) Account Applications made in connection
therewith; Account Statements; and; Copies of the instruments used to fund any and/or all of the
aforementioned.
5 Certified copies of all documents indicating the amount of money that has been contributed/paid
to any Account (either by direct deposit or periodic deposit, Electronic Clearing House Transfer,
or any other means) for any and all accounts in v/hlchMICHAEL KRICHEVSKY (Social Security
Number^BftBjtfas any interest, be it direct or indirect.
6. Certified copies of all withdrawal slips, ATMwithdrawals, Cash Advances, and American
Express Travelers Checks, from any and all accounts on which MICHAEL KRICHEVSKY
(SocialSecurity Number&tfEHt&fts been granted access by another or has access on his
account.
7. Certified copies of all documents pertaining to mortgage issued by CITIBANK to MICHAEL
KRICHEVSKY(SocialSecurity Number^jjfffffHaat contain any/all financial information
as to any accounts held in trust for others, or that are held in j oint-tenancy, whether said accounts
are in his name solely or held jointly with others, including: (without limitation) Account
Applications made in connection therewith; Account Statements; and Copies of the instruments
used to fund any and/or all of the aforementioned.
8. Certified copies of all documents including proof of ownership of the CITIBANK stocks owned
by MICHAEL KRICHEVSKY (Social Security NumberH*tt0H&
9. Certified copies of all withdrawal slips, ATMwithdrawals, Cash Advances, and Travelers
Checks, from any and all accounts on whichMICHAEL KRICHEVSKY (Social Security Number
|as been granted access by another or has access on his account.
PLEASE TAKE NOTICE, that your failure to comply with this Subpoena is punishable as a
contempt of Court and shall make you liable to the person on whose behalf this Subpoena was issued for a
penalty, along with all damages sustained by reason of your failure to comply with this Subpoena.
PLEASE TAKE FURTHER NOTICE, that the'circumstances or reasons such disclosure is
sought is because the materials which are the subject hereof are not within the possession/control of the Plaintiff,
and are Material, Relevant, and necessary in connection with the prosecution and/or defense of this action.
WITNESS, Honorable JOHN M. FASONE, a Support Magistrate Of The Family Court Of The
State Of New York, County Of Kings, at the Kings County Family Court, located at 330 Jay Street, Brooklyn
New York 11201 on the 10th day of August, 2009.
SVENSON v. Krichevsky NOTICE OF D EPOSITION & SUBPOENA D UCKS TECUM& NOTICE TO PROD UCE Page 3 of 8
L4W OFFICE OF YONATAN S. LEVOB1TZ, P.C.
YONATAN S. LEVORITZ, ESQ./ //
Attorney for Petitioner {^/
2306 Coney Island Avenue, Second Floor
Brooklyn, New York 11223
(718)942-4004
NOTICE: This subpoena requires your personal appearance at the time, date, and place specified
herein-above, together with the production of the materials specified herein-above.
However, if you communicate with us immediately, we shall cooperate to avoid the necessity
of your personal appearance and/or to better schedule same.
COUNTY OF KINGS
ELENA SVENSON,
Petitioner,
-against-
MICHAEL KRICHEVSKY,
FDeNo.: 142040
NOTICE TO PRODUCE
Respondent.
SIRS:
PLEASE TAKE NOTICE that, the Petitioner, ELENA SVENSON, hereby demands that you
as a "person" who has special, material, and relevant knowledge to the particular action herein and attend before
a notary public, who is not an attorney or an employee of any party or prospective party herein and is not a person
who would be disqualified to act as a juror because of interest, consanguinity or affinity of any party herein, at
the Law Office Of YONATAN S. LEVORITZ, P.C., located at 2306 Coney Island Avenue, Second Floor,
Brooklyn, New York, 11223, on September 7, 2009, at 9:30 a.m., and at any recessed, continued or adjourned
date, and permit Plaintiffs Attorney (YONATAN S. LEVORITZ, ESQ.) to inspect and copy, the documents
hereinafter described which are in the possession, custody, or control of CITIBANK or any person acting on
behalf of CITIBANK including representatives, investigators, or attorneys:
DEFINITIONS
(1) Communication. The term "communication" means the transmittal of information (in
the form of facts, ideas, inquiries or otherwise). It shall include, without limitation, drafts, notes, correspondence,
memoranda, recordings or other means of recording information.
(2) Document. The term "document" is defined to be synonymous in meaning and equal in
scope to the usage of this term pursuant to Rule 3120 of the Civil Practice Law and Rules. It shall include actual
tape recordings. It shall also include, without limitation, drafts, notes, correspondence, memoranda, records or
other means of recording information. A draft or non-identical copy is a separate document within the meaning
hereof.
(3) Identify (With Respect to Persons). When referring to a person, "to identify" means
to give, to the extent known, the person's full name, present or last known address and the present or last known
place of employment. Once a person has been identified in accordance with this subparagraph, only the name
of that person need be listed in response to subsequent discovery requesting the identification of that person.
(4) Identify ("With Respect to Documents). When referring to documents, "to identify"
means to give, to the extent known, the (i) type of document; (ii) general subject matter; (iii) date of the
document; and (iv) author(s), addressee(s) and recipient(s).
(5) Parties. The terms "plaintiff1 and "defendants" as well as a party full or abbreviated
name or a pronoun referring to a parry, mean the party and, where applicable, its officers, directors, employees,
partners, corporate parent, subsidiaries or affiliates. This definition is not intended to impose a discovery
obligation on any person who is not a party to the litigation.
(6) Person. The term "person" is defined as any natural person or any business, legal or
government entity or association.
(7) Refer or Referring. The terms "refer" or "referring" each means relating to, concerning,
describing, evidencing or constituting.
(8) And/Or. The connectives "and" and "or" shall be construed either disjunctively or
conjunctively as necessary to bring within the scope of the discovery request all responses that might otherwise
be construed to be outside of its scope.
(9) Number. The use of the singular form of any word includes the plural and vice versa.
INSTRUCTIONS
a. If copies are produced, the reverse side of a document shall be copied unless it is
completely blank.
b. All drafts'shall be produced, as well as all copies nonidentical to the original in any
material respect.
c. As to any document withheld from production under this request because of a claim or
privilege, state:
(i) the author or authors of the document;
(ii) each person to whom the original or a copy of the document was sent;
SVENSONV. Krichevsky NOTICE OF DEPOSITION & SUBPOENA DUCES TECUM & NOTICE TO PRODUCE Page 6 of 8
(iii) the date of the document;
(iv) the subject matter of the document; and
(v) the basis for the claim of privilege.
DOCUMENTS
1. Certified Copies of all Cancelled Checks; to wit, the actual instruments, (from January 2004 to
the day on which this Subpoena is answered) on which MICHAEL KRICHEVSKY (Social
Security Numbei^Hifff^f^^s access as either In her own right as an "Account Holder" or
as a Secondary Member thereon granted access by a third party (be It in a Corporate Capacity,
business capacity, or Personal Capacity.
2. Certified Copies of all Bank statements, including the account application and all deposit slips,
and all withdrawal slips on which MICHAEL KSICHEVSKY (Social Security Number^fgf^
fB^has access as either in her own right as an "Account Holder" or as a Secondary Member
thereon being granted access by a third party (be it in a Corporate Capacity, business capacity,
a Personal Capacity).
3. Certified Copies of all Financial Records/ Bank Statements, including (without limitation),
retirement account statements including 401() Saving Plan, Student Loans, any statements
regarding investment strategy; any asset allocation statements, any insurance products, and
any/all financial information pertaining to MICHAEL KRICHEVSKY (Social Security Number
4. Certified copies of all documents pertaining to MICHAEL KRICHEVSKY (Social Security
Numbel^ffff^jjhat contain any/all financial information as to any accounts held in trust
for others, or that are held in joint-tenancy, whether said accounts are in his name solely or held
jointly with others, including: (without limitation) Account Applications made In connection
therewith; Account Statements; and; Copies of the instruments used to fund any and/or all of the
aforementioned.
5. Certified copies of all documents indicating the amount of money that has been contributed/paid
to any Account (either by direct deposit or periodic deposit, Electronic Clearing House Transfer,
or any other means) for any and all accounts In whichMICHAEL KRICHEVSKY (Social Security
' s any interest, be it direct or indirect.
6. Certified copies of all withdrawal slips, ATM withdrawals, Cash Advances, and American
Express Travelers Checks, from any and all accounts on which MICHAEL KRICHEVSKY
(Social Security Number^jf^fj^> has been granted access by another or has access on his
account.
7. Certified copies of all documents pertaining to mortgage issued by CITIBANK to MICHAEL
KRICHEVSKY (Social Security Number^jj^fjfiKiat contain any/all financial information
as to any accounts held in trust for others, or that are held in joint-tenancy, whether said accounts
are in his name solely or held jointly with others, including: (without limitation) Account
Applications made in connection therewith; Account Statements; and Copies of the Instruments
used to fund any and/or all of the aforementioned.
8. ' Certified copies of all documents including proof of ownership of the CITIBANK stocks owned
by MICHAEL KRICHEVSKY (Social Security Number^
S VENSON v. Krichevsky NOTICE OF DEPOSITION & SUBPOENA DUCES TECUM & NOTICE TO PRODUCE Page 7 of 8
9. Certified copies of all withdrawal slips, ATM withdrawals, Cash Advances, and Travelers
Checks, from any and all accounts on whichMICHAELKRICHEVSJST (Social Security Number
jflMUBBJ^has been granted access by another or has access on his account.
PLEASE TAKE FURTHER NOTICE, that the within documents are sought from you, a non-
party, based upon the existence of "special circumstances," such information is material and necessary to the
defense and prosecution of this matter, and is in the possession of CITIBANK.
PLEASE ALSO NOTE, that the discovery obligations imposed upon you pursuant to this
NOTICE TO PRODUCE are continuing discovery obligations, and that you must supplement and/or amend any
response by you to this NOTICE TO PRODUCE to provide any subsequent information coming into your
possession.
August 10, 2009
LAÔFFICE OF YONATAN S. LEVO
BY: YONATAN S. LEVORITZ, ESQ.
Attorneys For Petitioner
2306 Coney Island Avenue, Second Flo/r
(718) 942-4004
To: CITIBANK LEGAL SERVICES - INTAKE
One Court Square, 41st Floor
Long Island City, New York 11120
DANIEL A. SINGER, ESQ.
The Law Office of Daniel A. Singer, PLLC
Attorneys for Respondent
234 Fifth Avenue, Suite 400
New York, New York 10007
(212) 569-7853
File No.: 142040; Docket No.: F-28901-08
COUNTY OF KINGS
ELENA SVENSON,
Petitioner,
- against -
MICHAEL SVENSON,
Respondent.
NOTICE OF DEPOSITION UPON ORAL EXAMINATION
SUBPOENA DUCES TECUM & AD TESTIFICANDUM
NOTICE TO PRODUCE
LAW OFFICES OF YONATAN S. LEVORITZ, P.C.
Attorneys for Petitioner
2306 Coney Island Avenue
Second Floor
Brooklyn, New York, 11223
(718)942-4004
NOTICE OF ENTRY:
Sir: Please take notice that the within is a true copy of an Order duly entered in the office of the clerk of the within
named Court on 2009.
LAW OFFICE OF YONATAN S. LEVORITZ, P.C.
Second Floor
(718) 942-4004
SIGNATURE PURSUANT TO NYCRR: The Attached Motion Is Hereby Affirmed
Pursuant To NYCRR Rule 130 - 1.1-a:
YONATAN S. LEVORITZ, ESQ.
Date: August , 2009
ACKNOWLEDGMENT OF IN-HAND SERVICE:
In-Hand Service of the within document is hereby acknowledged on this day of
2009, at am/pm.
COUNTY OF KINGS
ELENA SVENSON,
Petitioner,
-against-
MICHAEL KRICHEVSKY,
File No.: 142040
ORAL EXAMINATION
Respondent.
-X
SIR(S)
deposition upon oral examination of you, LEONMANDEL, fa person having personal knowledge of the manner
in which LEON CONSTRUCTION Business Records are made, kept and maintained), will be taken before a
notary public, who is not an attorney or an employee of any party or prospective party herein and is not a person
Brooklyn, New York, 11223, on September 30,2009, at 2:00 p.m., and at any recessed, continued or adjourned
date, to be examined on all evidence material and necessary to the prosecution of this action.
August 10,2009
Yours, etc.
LAW OFFIC:
By:
ATAN S. LEVORITZ, P.C.
YONATAN S. LEVORITZ,
2306 Coney Island Avenue, S
718-942-4004
d Floor
S
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PLAINTIFF'S "
E X H IB IT
3
SVENSON v. Krichevsky
NOTICE OF DEPOSITION & SUBPOENA DUCES TECUM & NOTICE TO PRODUCE
Page 1 of6
COUNTY OF KINGS
ELENA SVENSON,
-against-
MICHAEL KRICHEVSKY,
Petitioner,
Respondent.
File No.:
Docket No.:
142040
F-28901-08
AD TESTCTICANPUM
X
To: LEON MANDEL
LEON CONSTRUCTION
2475 West 16* Street
WE COMMAND YOU, that all business and excuses being laid aside, you, LEON MANDEL,
(or a person having personal knowledge of the manner in which LEON CONSTRUCTION Business Records
are made, kept and maintained), and each of you appear and attend before a notary public, who is not an attorney
or an employee of any party or prospective party herein and is not a person who would be disqualified to act as
a juror because of interest, consanguinity or affinity of any party herein, at the Law Office Of YONATAN S.
LEVORITZ, P.C., located at 2306 Coney Island Avenue, Second Floor, Brooklyn, New York, 11223, on
September 30. 2009, at 2:00 p.m., and at any recessed, continued or adjourned date, to give testimony in this
action on the part of the Petitioner, ELENA SVENSON, and that you bring with you, and produce at the time
and place aforesaid:
1. Certified Copies of all documents pertaining to MICHAEL KRICHEVSKY (Social
Security Number ^^^P and the property located at 4219-4221 Atlantic
Avenue, Brooklyn, New York 11224 (and all entities owned and/or operated by
MICHAEL KRICHEVSKY) including but not limited to: contracts, agreements,
construction appraisals, construction drawings and sketches, financial estimates,
financial breakdowns; all invoices for services rendered; copies of actual payment
instruments (checks, credit cards and cash); and copies of all equipment leases, receipts
for all the equipment leases and/or purchased; receipts for all the supplies purchased; all
the licenses and permits; and all other documents regarding financial transactions
pertaining to MICHAEL KRICHEVSKY.
PLEASE TAKE FURTHER NOTICE, that the circumstances or reasons such disclosure is
LAW 6FFICE OF YONATAN S^LEVORITZ, P.C.
YONATAN S. LEVORTTZ, ESQ/
Attorney for Petitioner
(718)942-4004
S VENSON V. Krichevsky NOTICE OF DEPOSITION & SUBPOENA DUCES TECUM & NOTICE TO PRODUCE Page 3 of 6
COUNTY OF KINGS
ELENA SVENSON, :
: File No.: 142040
Petitioner, : Docket No.: F-28901-08
-against- :
: NOTICE TO PRODUCE
MICHAEL KRICHEVSKY,
Respondent. :
SIRS:
Brooklyn, New York, 11223, on September 30,2009, at 2:00 p.m., and at any recessed, continued or adjourned
hereinafter described which are in the possession, custody, or control of LEON CONSTRUCTION or any person
acting on behalf of LEON CONSTRUCTION including representatives, investigators, or attorneys:
DEFINITIONS
hereof.
(3) Identify (With Respect to Persons). When referring to a person, "to identify" means
SVENSON V. Krichevsky NOTICE OF DEPOSITION & SUBPOENA DUCES TECUM & NOTICE TO PRODUCE Page 4 of 6
to give, to the extent known, the person's foil name, present or last known address and the present or last known
(4) Identify (With Respect to Documents'). When referring to documents, "to identify"
document; and (iv) author(s), addressee(s) and recipients).
(5) Parties. The terms "plaintiff1 and "defendants" as well as a party full or abbreviated
name or a pronoun referring to a party, mean the party and, where applicable, its officers, directors, employees,
INSTRUCTIONS
completely blank.
b. All drafts shall be produced, as well as all copies nonidentical to the original in any
material respect.
privilege, state:
SVENSON v. Krichevsky NOTIC E OF D EP OSITION & SU B P OENA D U C ES TEC U M & NOTIC E TO P R OD U C E P age 5 of 6
DOCUMENTS
Security Number V^HH|V) and the property located at 4219-4221 Atlantic
defense and prosecution of this matter, and is in the possession of LEON CONSTRUCTION.
possession.
August 10, 2009
LAW OFFICE OF YONATAjjJ^/LEVORITZ, P.C.
BY: YONATANS. LEVORITZ, ESQ.
Attorneys For Petitioner
(718)942-4004
To: LEON MANDEL
LEON CONSTRUCTION
2475 West 16th Street
New York, New York 10007
(212) 569-7853
COUNTY OF KINGS
-X
ELENA SVENSON,
Petitioner,
-against-
MICHAEL KRICHEVSKY,
Respondent
File No.: 142040
ORAL EXAMINATION
-X
SIR(S)
deposition upon oral examination of you, SERGEY DRABKIN, (a person having personal knowledge of the
manner in which CONSELA ENGINEERING, P.C. Business Records are made, kept and maintained), will be
taken before a notary public, who is not an attorney or an employee of any parry or prospective party herein and
is not a person who would be disqualified to act as a juror because of interest, consanguinity or affinity of any
party herein, at the Law Office Of YONATAN S. LEVORITZ, P.C., located at 2306 Coney Island Avenue,
Second Floor, Brooklyn, New York, 11223, on September 3 0,2009, at 10:00 a.m., and at any recessed, continued
or adjourned date, to be examined on all evidence material and necessary to the prosecution of this action.
August 10, 2009
Yours, etc.
LAW OFFICE
By:
TAN S. LEVORITZ, P.C.
^YONATAN S.
2306 Coney Island Aymtd Second Floor
Brooklyn, New York4l223
718-942-4004
5
1
3
E
3
ffl
PLAINTIFF'S ^
EX H IB IT
H
COUNTY OF KINGS
ELENA SVENSON,
-against-
MICHAEL KRICHEVSKY,
Petitioner,
Respondent.
File No.: 142040
AD TESTIFICANDTJM
-X
To: CONSELA ENGINEERING, P.C.
3714 Nautilus Avenue
WE COMMAND YOU, that all business and excuses being laid aside, you, SERGEY
DRABKIN, (or a person having personal knowledge of the manner in which CONSELA ENGINEERING, P.C.
Business Records are made, kept and maintained), and each of you appear and attend before a notary public, who
is not an attorney or an employee of any party or prospective party herein and is not a person who would be
disqualified to act as a juror because of interest, consanguinity or affinity of any party herein, at the Law Office
Of YONATAN S. LEVORITZ, P.C., located at 23 06 Coney Island Avenue, Second Floor, Brooklyn, New York,
11223, on September 30,2009, at 10:00 a.m., and at any recessed, continued or adjourned date, to give testimony
in this action on the part of the Petitioner, ELENA SVENSON, and that you bring with you, and produce at the
time and place aforesaid:
1. ' Certified Copies of all documents pertaining to MICHAEL KRICHEVSKY (Social
Security Number ^HttflM}and the property located at 4219-4221 Atlantic
PLEASE TAKE FURTHER NOTICE, that the circumstances or reasons such disclosure is
LAW OFFICE OF YONATAN S/LEYORITZ, P.C.
YONATAN S. LEVORITZ, ESjQ./
Attorney for Petitioner
(718)942-4004
SVENSON v. Krichevsky NOTICE OF D EPOSITION & SUBPOENA D UCES TECUM & NOTICE TO PROD UCE Page 3 of 6
COUNTY OF KINGS
ELENA SVENSON,
File No.: 142040
Petitioner,
-against-
NOTICE TO PRODUCE
MICHAEL KRICHEVSKY,
Respondent.
SIRS:
Brooklyn, New York, 11223, on September 30,2009, at 10:00 a.m., and at any recessed, continued or adjourned
hereinafter described which are in the possession, custody, or control of CONSELA ENGINEERING, P.C. or
any person acting on behalf of CONSELA ENGINEERING, P.C. including representatives, investigators, or
attorneys:
DEFINITIONS
hereof.
SVENSON V. Krichevsky NOTICE OF DEPOSITION & SUBPOENA DUCES TECUM & NOTICE TO PRODUCE Page 4 of 6
(3) Identify (With Respect to Persons). When referring to a person, "to identify11 means
to give, to the extent known, the person's ful l name, present or last known address and the present or last known
(4) Identify (With Respect to Documents). When referring to documents, "to identify"
document; and (iv) author(s), addressee(s) and recipient(s).
(5) Parties. The terms "plaintiff and "defendants" as well as a party ful l or abbreviated
name or a pronoun referring to a party, mean the party and, where applicable, its officers, directors, employees,
INSTRUCTIONS
completely blank.
b. All drafts shall be produced, as well as all copies nonidentical to the original in any
material respect.
privilege, state:
S VENSON v. Krichevsky NOTIC E OF D EPOSITION & SU B POENA D U C ES TEC U M & NOTIC E TO PR OD U C E Page 5 of 6
DOCUMENTS
Security Number ^^pftl)and the property located at 4219-4221 Atlantic
MICHAEL KRICHEVSKY)including but not limited to: contracts, agreements,
defense and prosecution of this matter, and is in the possession of CONSELA ENGINEERING, P.C..
possession.
August 10, 2009
LAW OFFICE OF YONATAN S/LEV0RITZ, P.C.
BY: YONATAN S. LEVORTTÊSQ/
Attorneys For Petitioner / /
2306 Coney Island Avenue, SecojKfFloor
Brooklyn, New York 11223 ^
(718)942-4004
To: CONSELA ENGINEERING, P.C.
3714 Nautilus Avenue
New York, New York 10007 .
(212) 569-7853
File No.: 142040; Docket No.: F-28901-08
COUNTY OF KINGS
ELENA SVENSON,
Petitioner,
- against -
MICHAEL SVENSON,
Respondent.
NOTICE OF DEPOSITION UPON ORAL EXAMINATION
SUBPOENA DUCES TECUM & AD TESTIFICANDUM
NOTICE TO PRODUCE
LAW OFFICES OF YONATAN S. LEVORITZ, P.C.
Second Floor
(718)942-4004
NOTICE OF ENTRY: ~~
Sir: Please take notice that the within is a true copy of an Order duly entered in the office of the clerk of the within
named Court on 2009.
LAW OFFICE OF YONATAN S. LEVORITZ, P.C.
Second Floor
(718)942-4004
i^H^M^^BH^^H^Mi^^
SIGNATURE PURSUANT TO NYCRR: The Attached Motion Is Hereby Affirmed
Pursuant To NYCRR Rule 130 -1.1-a:
YONATAN S. LEVORITZ, ESQ.
Date: August , 2009
ACKNOWLEDGMENT OF IN-HAND SERVICE:
In-Hand Service of the within document is hereby acknowledged on this 'day of _
2009, at , am/pm.
FCA S413-l,424-a;Art5-B ' Form 4-17
" (Financial Disclosure Affidavit)
COUNTY OF KINGS
ELENA SVENSON,
Petitioner, ' FINANCIAL
DISCLOSURE
-against- " . AFFIDAVIT
PRE-FATHER
MICHAEL KRICHEVSKY, ABANDONMENT
Respondent,
REPRESENTATIVE PAYCHECK STUB AND COPIES OF YOUR MOST RECENTLY FILED
STATE AND FEDERAL INCOME TAX RETURNS, INCLUDING A COPY OF THE W-2 WAGE
AND TAX STATEMENTS) SUBMITTED WITH THE RETURNS. YOU MAY ALSO BE
REQUIRED TO PRODUCE OTHER PAYCHECK STUBS, EMPLOYMENT OR BUSINESS
RECORDS AND PROOF OF CLAIMED EXPENSES. YOU ARE ALSO REQWRED TO PROVIDE
INFORMATION RELATING TO ALL ACCIDENT, LIFE AND HEALTH INSURANCE PLANS
AVAILABLE TO YOU FOR THE PROVISION OF INSURANCE, HEALTH CARE, DENTAL
CARE, OPTICAL CARE, PRESCRIPTION DRUG AND OTHER PHARMACEUTICAL AND
HEALTH-RELATED BENEFITS FOR THE CfflLD(REN) FOR WHOM SUPPORT IS SOUGHT.
STATE OF NEW YORK )
):ss.:
COUNTY OF KINGS )
FT " PNA SVENSQN, the Petitioner herein, residing at 2620 Ocean Parkway. Apartment 3-K. Brooklyn. New
York 11235,' being duly sworn, deposes and says that the following is an accurate statement of my income
from all sources, my liabilities, my assets and my net worth, from whatever sources, and whatever kind and
nature, and wherever situated:
j. INCOME FROM AT.T^ SOURCES: The correct amount of the child support obligation is presumed to be
a percentage of income as defined by law. The percentages are set forth in Addendum A. Other pertinent
information is set forth in Addenda B and C. List your income from all sources as follows:
a. Wages and Salaries (as reportable on Federal and State income tax returns):
1 . Employer and address
2 . Number of members in household 2_
3. Number of dependents 1.
PLAINTIFF'S
EXHII
s :
EXHIBIT I
1 Unless ordered confidential, pursuant to Family Court Act 154-b, because of a risk that disclosure would
place the health, safety or liberty of the party at risk. See Form GF-21 and GF-21 a, available at wwwjiycourts. gov.
Form 4-17 Page 2
4. Hours worked per week.
5, Weekly gross salary/wages
6. Weekly deductions:.
a. Social Security (PICA) Tax.
b. New York State Tax
c. Federal Tax
d. Other payroll deductions.
7 Income of other members of household. _
NOTE. ATTACH INFORMATION FOR ADDITIONAL EMPLOYERS ON SEPARATE PAGES.
h. Self-Employment Income (Describe and list self-employment income; attachto this form the most recently filed
Federal and State income tax returns, including all schedules): ,
c. Interest/Dividend Income:
d. Other Income:
1. Workers Compensation.
3. Unemployment Insurance Benefits
4. Social Security Benefits
7. Fellowships/Stipends/Annuities
e income from other sources: (List here and explain any other income including but not limited to: non-income
producing assets; employment 'perks' and reimbursed expenses; fringe benefits as a result of employment;
periodic income, personal injury settlements; non-reported income; and money, goods and services provided by
relatives and friends)
n. ASSETS; The Court can consider the assets of the custodial parent and/or the non-custodial parent in its award
of child support. List your assets as follows:
a. Savings account balance (Name of bank: ) a)$
b. Checking account balance (Name of bank: ) b) $
c. Automobile(s) (Year and make: ) c) $
Loan information ;
d. Residence owned (Address: 25-80 Ocean Pkwv. #2-M. Brooklyn. NY 11235} d) $
e. Other real estate owned 120 Oceana Drive West #5D. Brooklyn. NY 11235 e) $
f. Other assets (For example: stocks, bonds, trailers, boat, etc.) ___ f) $
g. Driver's, professional, recreational, sporting and other licenses and permits held (provide name of issuing
agency, license number and attach a copy if possible)
a)$_
b)$_
c)$_
d)$.
e)$
f)$_
g)$.
h)$,
Form 4-17 Page 3
jjj INCOME; The Court allows certain deductions from income prior to applying
the child support percentages. List the deductions that apply to you as Mows:
a. Unreimbursed employee business expenses
b Maintenance actually paid to spouse not a party to this action*
c Maintenance actually paid to spouse who is a party to this action
d. Child support actually paid on behalf of non- subject child(ren)*
e. Family Assistance
f. Supplemental Security Income
g. NYC/Yonkers Income Tax
h. FICA
* Attach to this form a copy of the appropriate Court Order
HKAT.TH.ttETATED EXPENSES, CHILD CARE.
jCXKKMaea. TCATIONAT' EXPENSES AND LIFE AND ACCIDENT INSURANCE POLICIES: As
part of the child support obligation, parents shall be directed to provide health insurance coverage, pay a pro-rated
share of the cost or premiums to obtain or maintain the health insurance coverage, and pay a pro-rated share of
unreimbursed health- related expenses, pay a pro-rated share of child care expenses and in the Court's discretion
pay educational expenses. The Court may direct you to purchase and maintain life and/or accident insurance
benefits or assign benefits on existing policies for the benefit of your children. List your information as follows
and cross out or delete inapplicable provisions:
a.n I have health insurance coverage through [specify]: D employer or organization D private purchase
D New York State "Child Health Plus" program D New York State Medical Assistance Program.
XI do not have health insurance coverage [If this box is checked, skip to IIV b].
1. My coverage includes n medical Ddental, O prescription drug, Ooptical, Dother health care services or
benefits [specify]:
2 The portion of the cost of the insurance paid by my employer or through my employment is $
' per [specify time period]: _- The cost of the insurance paid by me is $
per [specify time period]: _
3. The person(s) covered by my insurance is/are:_.
to
unavailable,
4 My policy number is
5 Coverage n does D does not presently include my child(ren). The additional cost to me
include my child(ren) would be [specify cost for each type of benefit; if benefit unavaila]
so indicate]:
Medical: $_ per . Optical: $ per
Dental: $ per . Prescription drugs: $ per_
Other Health Services or Benefits [specify]:,
.$.
.per.
6. The name and address of my primary (and secondary) health insurer is/are:
7. My primary (and secondary) health plan administrator is/are: (indicate name, address and telephone
number of contact person for employer or organization):
8. There are Dmedical, n dental, D prescription drug, n optical, D other health care benefits [specify]:
insurance benefits available to the cbild(ren) through an
Form 4-17 Page 4
individual who is not a party to this action. This individual is [indicate name and relationship]:,
. These benefits cost as follows:
per [specify time period]: . . -:
b. My child care provider is: . The average number of
hours of child care incurred per week are: _
c. My child's educational needs and expenses are:
d. I have the following life and accident insurance policies:
1. Life insurance: (Name of insurer):
(Beneficiary/Beneficiaries):.
(Name of insurer):
(Beneficiary/Beneficiaries):.
2. Accident insurance: (Name of insurer):.
(Name of insurer):.
This information is current as of (specify date).
VARIANCE FROM THE PERCENTAGES: The Family Court Act allows the Court to order support
different from the percentages if the Court finds that the support based upon the percentages would be unjust
or inappropriate due to certain factors. The factors are set forth in Addendum D. The following is/are the
factors) that the Court should consider in this case:
VI. EXPENSES; In ordering support by the percentages the Court is not obligated to consider expenses.
However, if the Court varies from the percentages, expenses may be considered. List your expenses as
follows- [List all expenses on a weekly or monthly basis; however, you must be consistent: if any items are
paid monthly, divide by 4 to obtain the weekly payment; if any items are paid weekly, multiply by 4 to obtain
the monthly payment). .
(Please specify)]: I am listing my expenses on a (weeklyX monthly) basis:
a. Rent or mortgage payment a) $ -2,600
b. Mortgage interest and amortization b) $
c. Realty taxes (if not included in mortgage payment) c) $
d. Insurance on realty d) $ 122
e. Utilities: gas '_ electric/ water 120 telephone 200 cable 200 e) $ 520
f. Apartment maintenance f\ 535
g. Household repairs (specify: g) $ 10000
h. Food ?' *_jwy
i. Charge accounts, loans, etc. 1) 0$
(from Section VH below) 2). .
3)
j. Auto expenses: gas $200maintenance _insurance & fees 288 loan 770 j)$ 1,258
k. Public transportation k)$_____80_
1. Life insurance 1)$
m. Health insurance rn)$
n. Clothing: self $ 500 Son S250 (explain: ) n)$ _750
o. Laundry and dry cleaning )$ - 2JX)
-
p. Education and tuition feyplam: Private School - $650. Math Tutor - $300: English Tutor - $350: Sport
Form 4-17 Page 5
Lessons- 180. Jp)$,
L480
q. Child care <l)$.
r. Contributions
s. Medical Expenses: Dental and Optical
t Entertainment - Movies, computer games, X-Box, Play-Station, Lego
u. Miscellaneous personal ftYppas^specify: Barber. Spa Salons )
v. Otiier (specify: v^ratinTis1^weh^Res^"rflTTts1 Concerts. ^
Vn. T.TAKTTJTmS, LOANS AND DEBTS: In ordering support by the percentages the Court is not
obligated to consider liabilities, loans, and debts. However, if the Court varies from the percentages, they may
be considered. List your liabilities, loans and debts as follows:
r)$
s)$
t)$
u)$
v)$
200
300
400
2,250
Creditor
Purpose____
Date incurred.
Creditor.
Purpose.
Date incurred
Creditor
Purpose
Date incurred
Total balance due_ Total balance due Total balance due
NOTE: ATTACH TO THIS FORM INFORMATION REGARDING ANY ADDITIONAL DEBTS.
I have carefully read the foregoing statement and attest to its truth and accuracy.
Sworn to before me mis 5th
day ofAugusl, 2009.
Notary Public
(Petitioner) x~
ELENA SVENSCJ5J "\t
Name
ignatnre of Attorney, if
YONATAN S. LEV ESQ.
Attorney's Name (Print or Type)
Law Office of Yonatan S. Levoritz, P.C.
2306 Coney Island Avenue. Second Floor
Brooklyn. New York 11223
718-942-4004
Attorney's Address and Telephone Number
VHCTOflK ATK ALOV
Notaiy Pufafc, State of New York
N0.01KA6141625
QuaBfedin K ings County ,n
Commission Expres Feb. 27,20^;
F.C.A. 413-1, 424-a; Art. 5-B
D.R.L. 236-B, 240
COUNTY OF KINGS
In the Matter of a Proceeding for Support
ELENA SVENSON,
Petitioner,
-against-
MICHAEL KRICHEVSKY,
Respondent,
Form 4-17
(Financial Disclosure Affidavit)
9/2006
File No.: 142040
FINANCIAL
DISCLOSURE
AFFIDAVIT
POST-FATHER
ABANDONMENT
REPRESENTATIVE PAYCHECK STUB AND COPIES OF YOUR MOST RECENTLY FILED
STATE AND FEDERAL INCOME TAX RETURNS, INCLUDING A COPY OF THE W-2 WAGE
AND TAX STATEMENT(S) SUBMITTED WITH THE RETURNS. YOU MAY ALSO BE
REQUIRED TO PRODUCE OTHER PAYCHECK STUBS, EMPLOYMENT OR BUSINESS
RECORDS AND PROOF OF CLAIMED EXPENSES. YOU ARE ALSO REQUIRED TO PROVIDE
INFORMATION RELATING TO ALL ACCIDENT, LIFE AND HEALTH INSURANCE PLANS
AVAILABLE TO YOU FOR THE PROVISION OF INSURANCE, HEALTH CARE, DENTAL
CARE, OPTICAL CARE, PRESCRIPTION DRUG AND OTHER PHARMACEUTICAL AND
HEALTH-RELATED BENEFITS FOR THE CfflLD(REN) FOR WHOM SUPPORT IS SOUGHT.
STATE OF NEW YORK )
COUNTY OF KINGS )
ELENA SVENSON , the Petitioner herein, residing at 2620 Ocean Parkway. Apartment 3-K, Brooklyn, New
York 11235 ,! being duly sworn, deposes and says that the following is an accurate statement of my income
from all sources, my liabilities, my assets and my net worth, from whatever sources, and whatever kind and
nature, and wherever situated:
L INCOME FROM ALL SOURCES: The correct amount of the child support obligation is presumed to be
a percentage of income as defined by law. The percentages are set forth in Addendum A. Other pertinent
information is set forth in Addenda B and C. List your income from all sources as follows:
a. Wages and Salaries (as reportable on Federal and State income tax returns):
1 . Employer and address _
2 . Number of members in household _2
3 . Number of dependents _1
Unless ordered confidential, pursuant to Family Court Act 154-b, because of a risk that disclosure would
place the health, safety or liberty of the party at risk. See Form GF-21 and GF-2Ia, available at www.nycourts.gov.
Form 4-17 Page 2
4. Hours worked per week
5. Weekly gross salary/wages
6. Weekly deductions:.
a. Social Security (PICA) Tax.
b. New York State Tax
c. Federal Tax
d. Other payroll deductions.
7. Income of other members of household
NOTE: ATTACH INFORMATION FOR ADDITIONAL EMPLOYERS ON SEPARATE PAGES.
b. Self-Employment Income (Describe and list self- employment income; attach to this form the most recently filed
Federal and State income tax returns, including all schedules):
c. Interest/Dividend Income:
d. Other Income:
1. Workers Compensation.
3. Unemployment Insurance Benefits
4. Social Security Benefits
7. Fellowships/Stipends/Annuities
e. Income from other sources: (List here and explain any other income including but not limited to: non-income
producing assets; employment 'perks' and reimbursed expenses; fringe benefits as a result of employment;
periodic income, personal injury settlements; non-reported income; and money, goods and services provided by
relatives and friends) up until August 1, 2009 - $2,825.00 monthly - collecting rent at Oceana Apartment
II. ASSETS: The Court can consider the assets of the custodial parent and/or the non-custodial parent in its award
of child support. List your assets as follows:
a. Savings account balance (Name of bank: ) a)$
b. Checking account balance (Name of bank: ) b) $
c. Automobile(s) (Year and make: ) c) $
Loan information
d. Residence owned (Address: 120 Ocena Drive West, Unit 5-D, Brooklyn. NY 11235 d)S
e. Other real estate owned e) $
f. Other assets (For example: stocks, bonds, trailers, boat, etc.) f) $
g. Driver's, professional, recreational, sporting and other licenses and permits held (provide name of issuing
agency, license number and attach a copy if possible)
Form 4-17 Page 3
HI .DEDUCTIONS FROM INCOME: The Court allows certain deductions from income prior to applying
the child support percentages. List the deductions that apply to you as follows:
a. Unreimbursed employee business expenses a) $
b. Maintenance actually paid to spouse not a party to this action* b) $
c. Maintenance actually paid to spouse who is a party to this action c) $
d. Child support actually paid on behalf of non- subject child(ren)* d) $
e. Family Assistance e) $ .
f. Supplemental Security Income f) $
g. NYC/Yonkers Income Tax g) $
h. PICA *0 $
*Attach to this form a copy of the appropriate Court Order
IV. HEALTH INSURANCE. UNREIMBURSED HEALTH-RELATED EXPENSES. CHILD CARE.
EXPENSES. EDUCATIONAL EXPENSES AND LIFE AND ACCIDENT INSURANCE POLICIES. As
part of the child support obligation, parents shall be directed to provide health insurance coverage, pay a pro-rated
share of the cost or premiums to obtain or maintain the health insurance coverage, and pay a pro-rated share of
urrreimbursed health- related expenses, pay a pro-rated share of child care expenses and in the Court's discretion
pay educational expenses. The Court may direct you to purchase and maintain life and/or accident insurance
benefits or assign benefits on existing policies for the benefit of your children. List your information as follows
and cross out or delete inapplicable provisions:
a.d I have health insurance coverage through [specify]: D employer or organization D private purchase
D New York State "Child Health Plus" program D New York State Medical Assistance Program.
XI do not have health insurance coverage [If this box is checked, skip to 5IV b].
1. My coverage includes O medical Oriental, O prescription drug, floptical, Dother health care services or
benefits [specify]:
2. The portion of the cost of the insurance paid by my employer or through my employment is $
per [specify time period]: . The cost of the insurance paid by me is $
per [specify time period]: .
3. The person(s) covered by my insurance is/are:
4. My policy number is .
5. Coverage D does D does not presently include my child(ren). The additional cost to me to
include my child(ren) would be [specify cost for each type of benefit; if benefit unavailable,
so indicate]:
Medical: $ ' per . Optical: $ per .
Dental: $. per . Prescription drugs: $ per .
Other Health Services or Benefits [specify]: $. . per. .
6. The name and address of my primary (and secondary) health insurer is/are:
7. My primary (and secondary) health plan administrator is/are: (indicate name, address and telephone
number of contact person for employer or organization):
8. There are Dmedical, n dental, D prescription drug, D optical, D other health care benefits [specify]:
insurance benefits available to the child(ren) through an
Form 4-17 Page 4
individual who is not a party to this action. This individual is [indicate name and relationship]:
. These benefits cost as follows :
per [specify time period]:. ..:
b. My child care provider is: . The average number of
hours of child care incurred per week are:
c. My child's educational needs and expenses are:
d. I have the following life and accident insurance policies:
1. Life insurance: (Name of insurer):.
(Beneficiary/Beneficiaries):,
(Name of insurer):
(Beneficiary/Beneficiaries):_
2. Accident insurance: (Name of insurer):,
(Name of insurer):.
This information is current as of (specify date)
VI. VARIANCE FROM THE PERCENTAGES: The Family Court Act allows the Court to order support
different from the percentages if the Court finds that the support based upon the percentages would be unjust
or inappropriate due to certain factors. The factors are set forth in Addendum D. The following is/are the
factor(s) that the Court should consider in this case:
VI. EXPENSES: In ordering support by the percentages the Court is not obligated to consider expenses.
However, if the Court varies from the percentages, expenses may be considered. List your expenses as ,
follows: [List all expenses on a weekly or monthly basis; however, you must be consistent: if any items are
paid monthly, divide by 4 to obtain the weekly payment; if any items are paid weekly, multiply by 4 to obtain
the monthly payment).
(Please specify)]: I am listing my expenses on a (weekly)(monthly) basis:
a. Rent or mortgage payment a) $
b. Mortgage interest and amortization b) $
c. Realty taxes (if not included in mortgage payment) c) $
d. Insurance on realty d) $
e. Utilities: electric/ water_90 telephone at home 125, cell 80 cable 125 e) $ 420
f. Apartment maintenance f) $ 550
g. Household repairs (specify: g) $
h. Food h) $ 600
i. Charge accounts, loans, etc. 1) i) $
(from Section VII below) 2)
3)
j. Auto expenses: gas $40 maintenance insurance & fees 180 loan j)$ 220
k. Public transportation k)$ 20
I. Life insurance 1)$
m. Health insurance m)$
n. Clothing : self $ Son $ 150 (explain: ) n)$ 150
o. Laundry and dry cleaning o)$ 100
p. Education and tuition (explain: Math Tutor - $300: English Tutor - $240;
Form 4-17 Page 5
Computer Tutor - $150: Sport Lessons - 720, )p)$ 1,410
q. Child care q)$
r. Contributions r)$
s. Medical Expenses: Dental and Optical s)$ 600
t. Entertainment - Movies and computer games t)$ 75
u. Miscellaneous personal expenses (specify: ) u)$
v. Other (specify: ) v)$.
VII. LIABILITIES. LOANS AND DEBTS: In ordering support by the percentages the Court is not
obligated to consider liabilities, loans, and debts. However, if the Court varies from the percentages, they may
be considered. List your liabilities, loans and debts as follows:
Creditor Internal Revenue Service Creditor Sister Creditor Court Order
Purpose Purpose Legal Fees Purpose
Date incurred Date incurred Date incurred
Total balance due $300,000 Total balance due 10,000.00 Total balance due 7,000
NOTE: ATTACH TO THIS FORM INFORMATION REGARDING ANY ADDITIONAL DEBTS.
I have carefully read the foregoing statement and attest to its truth and accuracy.
(Petitioner) ^
ELENAJSVB&JSQN
PrintorType Name \eof Attorney, uanv,----'
YONATAN S. LEVORITZTESO.
Attorney's Name (
Law Office of Yonatan S. Levoritz, Esq.
Brooklyn, New York 1 1223
718-942-4004
Attorney's Address and Telephone Number
Sworn to before me this 5th
day of August ,2009 .
Notary Public
Form 4-17 Page 6
ADDENDUM A
CHILD SUPPORT PERCENTAGES
The child support percentages that shall be applied by the Court unless the Court makes a finding that the non-custodial parent's
share is unjust or inappropriate are as follows: 17% for one child; 25% for two children; 29% for three children; 31 % for four children;
and no less than 35% for five or more children.
ADDENDUM B
COMBINED PARENTAL INCOME OVER $80,000.00
Where combined parental income exceeds $80,000.00, the Court shall determine the amount of child support for the amount of
the combined parental income in excess of such dollar amount through consideration of the factors set forth in Addendum D and or the
support percentage set forth in Addendum A.
ADDENDUM C
SELF-SUPPORT RESERVE
Where the annual amount of the basic child support obligation would reduce the non -custodial parent's income below the poverty
income guidelines amount for a single person as reported by the federal Department of Health and Human Services , the basic child
support obligation shall be twenty-five dollars per month unless the interests of justice dictate otherwise. Where the annual amount of
the basic child support obligation would reduce the non-custodial parent's income below the self-support reserve but not below, the
pro verty income guidelines amount of a single person as reported by the federal Department of Health and Human Services, the basic
child support obligation shall be fifty dollars per month or the difference between the non-custodial parent's income and the self-support
reserve, whichever is greater.
ADDENDUM D
VARIANCE FROM THE PERCENTAGES
The Court has the discretion to vary from the percentages if it finds that the non-custodial parent's pro-rata share of the basic child
support obligation is unjust or inappropriate. This finding shall be based upon consideration of the following factors:
I. The financial resources of the custodial and non-custodial parent, and those of the child.
2.The physical and emotional health of the child and his/her special needs and aptitudes.
3.The standard of living the child would have enjoyed had the marriage or household not been dissolved.
4.The tax consequences to the parties.
S.The non-monetary contributions that the parents will make toward the care and well-being of the child.
6.The educational needs of either parent.
7.A determination that the gross income of one parent is substantially less than the other parent's gross income.
S.The needs of the children of the non-custodial parent for whom the non-custodial parent is providing support who are not subject
to the instant action and whose support .has not been deducted from income, and the financial resources of any person obligated to
support such children, provided, however, that this factor may apply only if the resources available to support such children are less than
the resources available Co support the children who are subject to the instant action.
9. Provided that the child is not on public assistance (I) extraordinary expenses incurred by the non-custodial parent in exercising
visitation, or (ii) expenses incurred by the non-custodial parent in extended visitation provided that the custodial parent's expenses are
substantially reduced as a result thereof.
10. Any other factors the Court determines are relevant in each case.
NOTE: The language in the above Addenda is paraphrased from that in'the statute for the purposes of simplification. For statutory
language, see Family Court Act Sections 413( 1), 416 and 424-a and Domestic Relations Law Sections 236-B and 240.

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