FAMILY COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS_____________________________________________________

ELENA SVENSON, Petitioner,

-against-

MICHAEL KRICHEVSKY, Respondent.

_____________________________________________________

DOCKET NO. F-28901-08/10B

NOTICE OF CROSS-MOTIONFOR SANCTIONS FOR FRIVOLOUS MOTION

C O U N S E L O R S :

PLEASE TAKE NOTICE, that upon the annexed affidavit of Michael Krichevsky,

sworn to the day of July, 2010, an upon all the pleadings and proceedings heretofore had

herein, the undersigned will move this Court at Part 27, thereof, to be held at the Courthouse

located at 330 Jay Street, Brooklyn, New York on the day of , 2010 at 9:00 a.m.

in the forenoon of that day or as soon thereafter as counsel can be heard:

For an order by the Court to hold Petitioner and/or her attorney in contempt of court and

sanction them for filing frivolous motions, and for such other and further relief as to this Court

seems just and proper.

TAKE FURTHER NOTICE that, pursuant to Section 2214(b) of the Civil Practice Law

and Rules, all answering papers, if any, shall be served at least seven (7) days before the return

date of this motion.

Dated: Brooklyn, New YorkJuly , 2010

______________________________Michael Krichevsky, Pro Se4221 Atlantic AveBrooklyn, New York 11224(718) 687-2300

YONATAN LEVORITZ.Attorney for SVENSON2306 Coney Island Ave, 2nd Fl

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Brooklyn, NY 11223FAMILY COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS-----------------------------------------------------------------------X

ELENA SVENSON, File No: 142040Docket No.:P-28901-08/10B

Petitioner,

-against- AFFIDAVIT

MICHAEL KRICHEVSKY,

Respondent.

-----------------------------------------------------------------------XSTATE OF NEW YORK)

) SS:COUNTY OF KINGS )

MICHAEL KRICHEVSKY, being duly sworn, deposes and says,

1. I am the Respondent in this action. I have personal knowledge of the facts set forth herein. I

respectfully submit this affidavit in support of Notice of Cross-Motion to FOR SANCTIONS

FOR FRIVOLOUS MOTIONS.

2. On October 27, 2008 Petitioner quietly filed fraudulent Petition for Order of Protection

against Respondent forcing him out of his apartment on 4336 Manhattan Ave in Brooklyn,

New York which Petitioner abandoned in summer of 2008 and moved to her apartment at

2620 Ocean Pkwy, Apt 3K, Brooklyn, New York.

3. During said hearing it became obvious that her complaint is sham. Petitioner withdrew said

petition and it was dismissed.

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4. Next, after refusing parties’ private DNA testing proposed by Respondent, Petitioner filed

motion to estop respondent from getting DNA test ordered by the court, and after about 6

month of motion practice withdrew her motion again and undergone said testing.

5. Next, Petitioner filed Objection to Temporary Order of Support and withdrew it again.

6. Next, her attorney Yonatan Levoritz served harassing subpoenas and notices to produce

together with notices of depositions upon Sergey Drapkin, Concela Engineering, P.C., Leon

Mandel and Leon Construction. It was done in complete disobedience of Magistrate’s Fasone

order authorizing only subpoenas for Banks. Respondent had no choice, but to file motion to

quash.

7. In April 22, 2010 Respondent filed Petition to Modify his child support due to the fact that

he lost his job and Petition stated that fact. During scheduled May 13 hearing Petitioner

appeared alone adjourned this hearing till August 6 over Respondent’s Objection.

Petitioner’s reason for such a long adjournment period was the argument that her attorney

Mr. Levoritz has “celebrity status and is already booked for the summer”. In reality this is

just another dirty lawyer’s trick to deny Respondent due process and to “milk more money”

from Respondent’s unemployment benefits.

8. Under new modified order Respondent would be obligated to pay $297.50 per month in

comparison to over $800 (65%) per month converted by CSU from gross $1620 per month

unemployment insurance benefits leaving Respondent with $180 per week which is below

poverty level.

9. However, Mr. Levoritz was immediately available after Respondent filed Petition for

Custody and he appeared on June 14, 2010, June 18, 2010, June 30, 2010, and now is

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scheduled to appear on July 28, 2010 in Part 52 of Family Court. More over, on June 30,

2010 he served Respondent with Summons and Petition for Violation of Court Order and

hearing is scheduled on July 13, 2010.

10. This “tight” appearance schedule clearly shows that adjournment of my Motion till August

was intentional act to harm Respondent.

11. That petition to hold respondent in contempt for his inability to pay $2045 per month plus

arrears ordered is clearly without merit and intends to harass Respondent and cause him

financial and emotional pain.

12. For all this frivolous motions designed to delay proceeding and churn attorney’s fees Mr.

Levoritz asked the Court that Respondent pays his bill.

13. 28 USC, § 1927 of JUDICIARY AND JUDICIAL PROCEDURE provides reimbursement

of legal fees for such malicious litigation and frivolous motion practice.

14. Under 22 NYCRR Part 130-1.1(c), which authorizes awards of costs, including “reasonable

attorney’s fees, resulting from frivolous conduct.” Conduct is frivolous under Part 130 if it is

completely without merit and is unsupported in law, if it is undertaken primarily to delay the

litigation or to harass another, or if it asserts material factual statements that are false.

15. Most of the statements in this litigation are false or misrepresented.

16. Mr. Levoritz even failed to certify pursuant to 22 NYCRR Part 130 every pleading that “he

produced”. This so called “petition” is not certified as well (Exhibit A).

17. Respondent asserts that this “omission” is actual admission of attorney’s misconduct.

18. This malicious prosecution is done in complete disregard to Rules of Professional Conduct

prohibiting such practices.

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Wherefore, in light of the fact that Mr. Levoritz did not perform his duty as mandated by the

Law and Attorney’s Rules of Professional Conduct Respondent respectfully moves the Court to

find Petitioner and her attorney in contempt, dismiss this petition as frivolous and order them to

pay Respondent’s attorney fees incurred by this frivolous litigation, and for such other and

further relief as to this Court seems just and proper.

X________________________________

MICHAEL KRICHEVSKY

Sworn to before me this___ day of July, 2010

_________________________NOTARY PUBLIC

FAMILY COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS

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DOCKET No. F-28901-08/10B

ELENA SVENSON,

Petitioner,

-against-

MICHAEL KRICHEVSKY,

Respondent

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_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

NOTICE OF CROSS-MOTION, SUPPORTING AFFIDAVIT_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

The documents herein are hereby certified pursuant to 25 NYCRR 130-1.1-A

By: ________________________________

AGNOWLEGMENT OF IN-HAND SERVICE:

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In-Hand Service of the within document is hereby acknowledged on this _____ day of ________ 2010, at _________ am/pm