MICHAEL KRICHEVSKY, Pro Se 4221 ATLANTIC AVE BROOKLYN, NY 11224 BY REGULAR AND CERTIFIED MAIL December 26, 2011

Elaine Sabino L'ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P. 1001 Franklin Ave, 3rd Fl. Garden City, New York 11530 RE: KRICHEVSKY v. LEVORITZ, et al Miss. Sabino, Enclosed, please findNotice of Acceptance of your Oath of Office where you promised me to tell the truth while dealing with me in court. As you remember, during November 18, 2011 hearing Judge Bernadette Bayne vacated her default order against me and said to you and Mr. Ratush in open court: "Order is vacated -it was not on the merits...; if I do it for lawyers, why wouldn't I do it for him?5' Then she gave me new date of December 23, 201 Ito hear my case on the merits. She did not say a word about any personal service of process of my replies to motions to dismiss. Then you and Mr. Ratush were preparing this order for judge to sign. Both of you generously offered me not to waste my time by personally going to your offices from Brooklyn to Long Island and then to Manhattan to deliver my pleadings, which is what I did before. Tell me that two of you did not conspire and plan to trick me into default by planning to tell the judge that you never offered me this deal. Please, keep your Oath and tell the truth: a) I told Mr. Nunberg that I and Mr. Ratush in court offered Mr. Krichevsky to send his replies using email by December 16, 2011. (Sign here and return to me by any means) b) I did not tell Mr. Nunberg that I and Mr. Ratush in court offered Mr. Krichevsky to send his replies using email by December 16, 2011. (Sign here and return to me by any means) c) I did or I did not plan to trick in default Mr. Krichevsky by using email service of process issue. (Sign here and return to me by any means) Additionally, on November 18, before the hearing started I handed to you and Mr. Ratush ray (filed in the court) request for FIRST JUDICIAL NOTICE for which I did not get any opposition up to last hearing date. In it I, inter alia, objected to jurisdiction of the court before disqualification of your firm decided and stated: "The Honorable Court is respectfully requested to take Judicial Notice of the undisputable fact that proceeding by L'ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P. against plaintiff without

authority constitutes fraud in procurement of jurisdiction, making order or judgment of the court void." Since none of defendants objected from November 18 til) December 23, there was no controversy to begin with. I was planning to tell the judge that this pleading by itself can be my timely reply to all of the defendants' motions and your firm should've disqualified itself prior to December 23 hearing. On December 23, 2011 you did not appear in court, instead of you Noah Nunberg appeared. When hearing began he ridiculed me by lying to judge that she ordered me to personally serve my replies, but that I emailed my paperwork instead and therefore in default. Then he said that I had audacity to insult Miss. Ratner, a pregnant woman! I do not know how material or meritorious to my case this issue of pregnancy was. If I did egregious crime by insulting Miss. Ratner as pregnant woman, I am sorry. However, no one noticed me on her pregnancy. As I understand she is no longer on my case and you are now on it. All my emails were addressed to you Miss. Sabino, where I did not ask you to tell Miss. Ratner a thing (did Mr. Nunberg "volunteered"?). Apparently, Mr. Nunberg thinks it's OK to insult a woman as long as she is not pregnant. The point is, Mr. Nunberg took a wicked cheap shot at me below the waist. By this act he is not only dishonored himself as a man, lawyer, officer of the court, but the court itself. Additionally, he violated his Oath of Office and if those all meritorious arguments he had against a Russian pro se this day, I am sorry for his future clients. Quite predictably by Nunberg it worked. Female judge became angry, yelled at me, did not let me speak, told me that I was disrespectful of CPLR and her orders, and said: "your case dismissed." It is manipulated rotten victory and this order is void for fraud, just as family court order is null and void for fraud. When I approached him with my witness, Mr. Furmanoff in the hallway to object that he writes the order: "Dismissed with prejudice" he replied to me: "I don't want to talk to you - you're nothing to me." Sure, Russian immigrant in the Family Court was just as nothing to Nunberg's clients American Jewish lawyers Yoram Nachimovsky and Yonatan Levoritz, but hard earned by this immigrant American dollars that they plundered, were quite something! Well, tell Mr. Nunberg that Russians never give up. Tell him they.too founded America, not to mention they fought Nazis Germany to save the world. He is not "the supper lawyer", he is not better than me and I am looking forward to see his client and the Jury in the Open Court on the Facts and Merits!

Merry Christmas and a Happy New Year! I hope that your holydays will not be as bad as mine. Sincerely, ' Michael Krichevsky Enclosure CC: Judge Bernadette Bayne, Elena Svenson and Nicholas Ratush.