Motion to Disqualify Judge Bernasette Bayne and Stay

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS

~~ INDEX NO, 19478/13MICHAEL KRICHEVSKY,

Plaintiff,NOTICE OF

-against- CROSS-MOTION TODISQUALIFY AND TO

YONATAN LEVORITZ, VICTOR KATKALOV. JOHN STAYFASONE, PAULA HEFNER, ROBERT RATANSKY, unknown Justice Bemadelte Bayneclerk of JOHN FASONE, ELENA S VENSON, Oral argument is not

Defendants. ' requested

C O U N S E L O R S :

PLEASE TAKE NOTICE, that upon the annexed Notice, Affidavit and Memorandum

of Law of Michael Krichevsky, Pro Se. sworn to the 29 day of August, 2014, and upon all the

pleadings and proceedings heretofore had herein, the undersigned will cross-move before this

Court at an IAS Part 18, room 775, at the Courthouse located at 360 Adams Street, Brooklyn,

New York on the 3rd day of September, 2014 at 9:3 0 a.m. in the forenoon of that day or as soon

thereafter as counsel can be heard for an order pursuant to Common Law and Judiciary Law 14

-pecuniary interest of the judge.

The above-entitled action is for personal injuries and other torts. This action is not on the

trial calendar.

Dated: Brooklyn, New YorkAugust 29, 2014

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

L'ABBATE BALKAN COLAVITA & CONTINI, LLPAttorneys for Defendants

1001 Franklin. AvenueGarden City, New York 11530

ATTORNEY GENERAL OF THE STATE OF NEW YORKAttorneys for Defendants120 BroadwayNew York, New York 10271

Notice of Removal for cause and Affidavit of Bias and Prejudice

} . Be it known to all courts, governments and other parties that I, Michael Krichevsky, am

self- governed, freeborn Sovereign live man without subjects.

2. My sovereignty is also confirmed by the constitutions and NEW YORK CODE - N.Y.

CVR. LAW 2 : NY Code - Section 2: Supreme sovereignty in the people - No authority can, on

any pretence whatsoever, be exercised over the citizens of this state, but such as is or shall be

derived from and granted by the people of mis state.

3. "Sovereignty itself is, of course, not subject to law, for it is the author and source of law;

but in our system, while sovereign powers are delegated to the agencies of government,

sovereignty itself remains with the people, by whom and for whom all government exists and

acts. And the law is the definition and limitation of power..." YICK WO V. HOPKINS, 118 S.Ct.

356 at 370 (1886)

4. I neither dominate anyone, nor did I agree to be dominated.

5. I have authority to question authority, and my authority for these statements is common

sense, the universal honor of the God or Nature given intrinsic rights, property freedoms and

responsibilities of the Sovereign men.

6. I am not a juristic., fictitious "Person" when such term is defined or otherwise implied in

statutes, codes of the "United States", or of the several states when such definition includes

artificial entities or government employees.

7. Therefore, I am not "subject" to any legal fiction or juristic entity.

8. I wish not to be treated as a federally or state created "corporate" or "juristic entity"

which is only capable of exercising certain rights, privileges or immunities as specifically

granted by federal or state governments.

9. Because I am not "Subject," no "laws" or their enforcers have any specific "jurisdiction"

or authority over me. I therefore am not "within" any "jurisdiction," for I am not of "Subject"

status as distinguished from judges or licensed attorneys, who are " corporate, juristic persons"

and "officers of the court."

10. Because the world is not perfect, there are men unable or unwilling to self-govern chose

to be "subjects" or slaves. Moreover, because from the first view it is impossible to distinguish a

difference between Sovereign and Subject, I voluntarily choose to comply with certain corporate,

legal statutes or codes, which serves my attempt to bring a harmony to society.

11. Consistent with the extensive tradition of "Natural Law" and Common Law, unless I

have harmed flesh and blood man or woman, (not a corporation), or their property, (not the

State), I have committed no crime and am therefore not "subject" to any penalty.

12. I act strictly in accordance with Hale v. HenkeL 201 U.S. 43, at 74-75 (1906), where the

court held;

"_The individual may stand upon, his constitutional rights as a citizen. He isentitled to carry on Ms private business in his own way. His power to contract isunlimited. He owes no duty to the State or to his neighbors to divulge hisbusiness, or to open his doors to an investigation, as far as it .may tend tocriminate Mm. He owes no such duty to the State, since he receives nothingtherefrom, beyond the protection of his life and property. His rights are such asexisted by the law of the land [COMMON LAW] long antecedent to theorganization of the State, and can only be taken from him by due process of law,and in accordance with the Constitution. Among his rights are a refusal toincriminate himself, and the immunity of himself and his property from arrest orseizure except under a warrant of the law. He owes nothing to the public so longas lie does not trespass upon their rights. [Emphasis mine]

Upon the other hand, the corporation is a creature of the State. It is presumed tobe incorporated for the benefit of the public, It receives certain special privilegesand franchises, and holds them subject to the laws of the State and the limitationsof its charter. Its powers are limited by law. It can make no contract notauthorized by its charter. Its rights to act as a corporation are only preserved to itso long as it obeys the laws of its creation. There is a reserved right in thelegislature to investigate its contracts and find out whether it has exceeded its

powers."

13. Thus, as Sovereign man, I can contract with any entity such as Municipal Corporation or

New York Unified Court System, Inc (thereafter Court) and pay tax in consideration that this

corporation (STATE COURT) upholds peace, order, provides protection of my life, liberty and

property in the society.

14. And in Chisholm vs. Georgia, 2 US 419, at 457 - (Supreme Court 1793) the Court

declared:

"The only reason, 1 believe, why a free man is bound by human laws, is, that hebinds himself. Upon the same principles, upon which he becomes bound by thelaws, he becomes amenable to the Courts of Justice, which are formed andauthorized by those laws. If one free man, an original sovereign, may do all this;why may not an aggregate of free men, a collection of original sovereigns, do thislikewise? If the dignity of each singly is undiminished, the dignity of all jointlymust be unimpaired. A State, like a merchant, makes a contract. A dishonestState, like a dishonest merchant, willfully refuses to discharge it: The latter isamenable to a Court of Justice. Upon general principles of right, shall theformer when summoned to answer the fair demands of its creditor, be permitted,proteus-Jike, to assume a new appearance, and to insult him and justice, bydeclaring I am a SOVEREIGN State? Surely not. Before a claim, so contrary, inits 'first appearance, to the general principles of right and equality, be sustained bya just and impartial tribunal, the person, natural or artificial, entitled to make suchclaim, should certainly be well known and authenticated.71 [Emphasis mine]

15. Thus, if any contracting party is in breach of contract with me -1 am relieved from any

performance on my part in accordance with contract and common laws.

16. COURTS THAT PROCEED ON STATUTES are called nisi prius court. "Nisi prius" is a

Latin term (Black's 5th) "Prius" means "first." "Nisi" means "unless," A "nisi prius" procedure is

a procedure to which a patty FIRST agrees UNLESS he objects. A rule of procedure in courts isthat if a party fails to object to something, then it means he agrees to it. A nisi procedure is a

procedure to which a person has failed to object, a "nisi prius court" is a court, which will

proceed.

17. Be it known, I reserve my natural "common law" right not to be compelled to perform

under any contract that I did not enter Into knowingly, voluntarily, and intentionally with full

knowledge of the entire and exact details of the contract (UCC 1-308).

18. If I have participated in any of the presumed "benefits" of any of these hidden contracts, I

have done so under duress, coercion or unconsciously and as such have not accepted them in a.

manner that binds me to anything aad they are therefore null and void "ab initio".

19. Take Notice, I revoke, cancel and make void ab inirio my signature on any and all

unknown, and therefore fraudulent contracts, agreements, forms and instruments which may be

construed in any way to give any agency or department at any level of government, any

authority, venue or "jurisdiction" over me as "Subject."

20. From the Bill of Rights, U.S. Constitution. First amendment:

"Congress shall make no law respecting an establishment of religion, orprohibiting the free exercise thereof; or abridging the freedom, of speech, or of thepress; or the right of the people peaceably to assemble, and to petition thegovernment for a redress of grievances."

21. The Government does NOT bestow rights on the people, Rights are NOT privileges.

22. Governmental agents [judges and lawyers] have a Statutory duty to perfoim certain

actions that is mandated by law. Failure to perform a Statutory duty [action] mandated by law is

a crime.

AFFIDAVIT OF BIAS AND PREJUDICE

INTRODUCTION

"When an honest man, honestly mistaken, comes face-to-face with undeniable and irrefutabletruth, he is faced with one of two choices, he must either cease been mistaking or cease beinghonest." Amicus Solo

23. Michael Krichevsky, Plaintiff, Pro Se, sues defendants and under penalty of perjuryrespectfully avers upon his firsthand knowledge, except where it stated upon information and

belief, or where it stated that he verily believes it to be true and certifies that this document is not

frivolous per 130-1.1:

24. I am the plaintiff in the within action.

25. I incorporate all the statements made by me in my Amended Complaint as if stated in full

herein.

26. I make this affidavit in support of this MOTION TO STAY AND DISQUALIFY.

27. This affidavit used to supplement my Amended Complaint for the purpose of defendants'

motion to dismiss for failure to state a claim, and averments in it should be presumed as true.

28. This affidavit is another of my failed attempts to report Federal Crimes of Treason and

Misprision of Treason of the Judge Bernadette Bayne, as well as the violations of New York

State Judiciary Law, Code of Judicial Conduct and violations by lawyers involved of the New

York Rules of Professional Conduct to New York Tribunal per Rule 8.3 - Reporting

Professional Misconduct, which is mandatory.

29. About 6 years ago, defendants breached peace and started maliciously prosecuting me for

not paying my child support, which I never refused to pay. When these defendants engaged in

the conflict between defendant Svenson and me - there was a presumption that they are honest

men. When my attorney, Daniel Singer, during family court litigation approached mem with

undeniable and irrefutable truth of documentary evidence - they destroyed their honesty

presumption and violated NYRPC rule 4.4 by needlessly violating my rights, causing

embarrassment and harm to me.

30. During this Family Court proceedings, defendants bamboozled my attorney and me and

cast a spell over my fatherhood, which turned now into my curse where I am damned if I pay

child support - and I am. damned if I don't. This was summarily done by defendant Fasone

knowingly ordering me to pay more child support than I was able. This non-dischargeable in

bankruptcy debt piled up into over $110,000, which I never be able to repay - and that was his

goal. It allows Fasone and child support collection unit (CSCU), for as long as I owe the child

support, both collect grants from Federal title IV - D finding (taxpayer's money) enriching

themselves by getting commensurable pay for ruining my life and harassing me - under pretext

of child support enforcement. CSCU restricted my driver's license for no legitimate and logical

reason. Now after 1 stalled instant litigation, CSCU begun harassing me with threat that they

going to put a lien on my property that is in foreclosure. Being injured by defendants, disabled

and unemployed by defendants1 torts and criminal activity against me, I'm falsely imprisoned by

restricted driver license and in debtor's prison. My cell is my home office. There, day and night,

I am working on finding a legal remedy to break defendant's spell and get rny shattered life back.

31. In summary, the judges and lawyers sued in this case conducted the war on families.

From the beginning of my initial contact with them, they treated me as an enemy to conquer

instead of a citizen to serve and protect as member of the public.

32. Judge Bernadette Bayne treated me in the similar corrupt fashion using the hick

described in the book "The Importance of Being Honest" by Law Professor Steven Lubet

(available at AMAZON). On page 174 Professor relates, "In California, Judge Gregory Caskey

was publicly admonished for sending the following e-mail to an attorney:

"I am considering summarily rejecting [opposing counsel's] requests. Do youwant me to let [opposing counsel] have a hearing on this, or do we cut [opposingcounsel] off summarily and run the risk [of] the [Court of Appeals] reversing? ...I say screw [the other party] and let's cut [opposing counsel] off without hearing.O.K.? By the way, this message will self-destruct in five seconds."The recipient of Caskey7 s message replied as follows:"Your Honor, I don't feel comfortable responding ex-parte [sic] on how youshould rule on a pending case."By return e-mail the judge sent a one-word response, stating, 'chicken'."

33. Using above-mentioned trick, in 2011 court's action judge Bernadette Bayne dismissed

my action against Defendants Yonatan Levoritz and Yoram Nachlmovsky with prejudice,34. The Supreme Court has characterized dismissal with prejudice as a "harsh remedy." New

Yorkv. Hill 528 U.S. 110,118 (2000). "Dismissal of a count In a complaint with prejudice is

appropriate if amendment would be inequitable or futile."

35. Even If, which Is not admitted, and only for the sake of argument, my complaint was

inartfully drafted by me as pro se litigant - there was no hearing on the merits of this issue aid

my complaint was summarily dismissed with prejudice without findings of fact and conclusions

of law.

36. Leave to amend my complaint was denied without a hearing.

37. Needless to say that such judge Bernadette Bayne's action and order can be described by

citation from United Slates v. Bentvena, 319 F. 2d 916, at 943 (Court of Appeals, 2nd Circuit

1963):"A sentence of a court pronounced against a party without hearing him, or givinghim an opportunity to be heard, is not a judicial determination of his rights, and Isnot entitled to respect in any other tribunal" Windsor v. McVeigh, 93 U.S. (3Otto) 274.. 277,23 L.Ed. 914 (1876)."

SUMMARY OF MATERIAL FACTS

38. I paid the Court's required filing fees to bring my constitutionally and statutory protected

claims for redress of grievances and demanded performance of Justice by neutral, qualified

judge.3 9. Unknown to me at that time, Judge Bernadette Bayne was and neither neutral, nor

qualified as will be explained in greater detail below.

40, At all relevant times preceding this new 2013 action and particularly on December 23,

2011, Defendants Yonatan Levoritz Esq. being represented by Noah Nunberg Esq., Candice

Ratner, Esq., Miriam Rice, Esq., Elaine Sabino, Esq. and Yorara Nachimovsky Esq. being

represented by Nicholas Ratush Esq., all together and each of them separately conspired with

Judge Bemadette Bayne and acting in concert, did knowingly and corruptly persuade and

intimidate Michael Krichevsky, or did attempt to do so, with intent to cause or induce him to

withhold testimony to jury, as demanded in his complaint, in an official proceeding, in violationoflSU.S.C. 1512.41. On December 26,2011, Michael Krichevsky sent a letter by certified mail return receipt

requested addressed to judge Bemadette Bayne and all other lawyers involved regarding incidenton December 23,2011 during the hearing, which described in this letter, Exhibit A.

42. I incorporate by reference herein the content of this letter.

43. By this letter, I intended to set the record straight and document facts in this court of

record and give wrongdoers involved a chance to correct their misconduct and continue

proceedings.

44. Because this letter was also addressed to Judge Bemadette Bayne, it is my belief that she

personally, or ordered her clerk, removed the said letter from the court's file and placed it in the

United States Postal Service custody, thereby showing her refusal to correct her misconduct and

intent to cover up corruption of defendants, in violation 18 USC . 2071.45. None of the Defendants or their attorneys replied to said letter, presumably after

consulting with judge Bemadette Bayne.46. According to common law maxim - silence is acquiescence, as well as a statutory law

CPLR 3018 (a) failure to deny is an admission, facts stated in said letter now stand as truth andjudgment in commerce.47. Because this corporate Court is in commerce, it is liable for her employee, judgeBemadette Bayne.

48. Such a behavior is noted and eloquently described in United States v. Dial, 757 F. 2d 163

- (Court of Appeals, 7th Circuit 1985) "The defendants' elaborate efforts at concealment providepowerful evidence of their own consciousness of wrongdoing."

49. On the Internet there is a judge rating service called THE ROBING ROOM. On the scale

from 0 to 10 her brethrens Attorneys' Average Rating: 2.0 out of 21 ratings and Non-Attorney's

Average Rating: 1.0-2 rating(s), Exhibit B50. The following federal laws were/are violated by all of the Defendants and their attorneys

in concert with judge Bemadette Bayne:USC 18 241; CONSPIRACY AGAINST RIGHTS: If two or more persons conspire to injure,oppress, threaten, or intimidate any person in any State in the free exercise or enjoyment of anyright they shall be fined under this title or imprisoned not more than ten years, or both;

5 USC 18 242; DEPRIVATION OF RIGHTS UNDER COLOR OF LAW: Whoever, undercolor of any law, statute, ordinance, regulation, or custom, willfully subjects any person in anyState the deprivation of any rights shall be fined under this title or imprisoned not more than one

year, or both.

51. Now I move this court of record to take. Judicial Notice of this affidavit and its exhibits.

52. Recently, instant action was once again "assigned" to judge Bernadette Bayne,53. I am 58 and, after 5 years of my failed attempts to obtain a remedy in any corporate

courts, I am wise enough to understand that this case was not randomly assigned to Judge

Bemadette Bayne in violation of this corporate court's own rule of random assignment

54. Coupled with the fact that Assistant Attorney General Mr. Charles R Senders defaulted

without excuse for over 60 days, but brazenly filed frivolous and nonsensical motion to dismiss

my complaint, I believe that he and judge Bemadette Bayne conspired to "Stack The Cards"against me. I therefore, object and I do not wish to "play the cards at this table" because my hardwork to obtain Justice would be futile. As the saying goes, "full me once shame on you- full me

twice shame on me."

Wherefore, I move this court of record:

a) to take judicial notice of this affidavit and its exhibits;b) to consider this motion fully submitted with waiver of oral argument as futile;c) to Stay Proceedings so that I will remove my action for Cause in other appropriatejurisdiction.

Dated: Brooklyn, New YorkAugust 29,2014

Sworn to before meon August 29,2014

NOTARY PUBLIC

ALICEASHERNOTARY PUBLIC, State of Nsw York

N0.01AS6062200Qualified in Kings County

Commission ExplresJuly30,2Q17

ichael Krichevsky, Pro Se4221 Atlantic AyeBrooklyn, New York 11224(718) 687-2300

MICHAEL KRICHEVSKY, Pro Se4221 ATLANTIC AYEBROOKLYN, NY 11224

BY REGULAR AND CERTIFIED MAIL December 26,2011

Elaine SabinoL'ABBATE, BALKAN, COLAVTTA & CONTINL L.L.P.1001 Franklin Ave, 3rd Fl.Garden City, New York 11530

RE: KRICHEVSKY v. LEVORITZ, et al

Miss. Sabino,

Enclosed, please find Notice of Acceptance of your Oath of Office where you promised me totell the truth while dealing with me in court.

As you remember, dating November 18,2011 hearing Judge Bernadette Bayne vacated herdefault 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?" Thenshe gave me new date of December 23, 201 Ito hear rny case on the merits. She did notsay 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 yougenerously offered me not to waste my time by personally going to your offices fromBrooklyn to Long Island and then to Manhattan to deliver my pleadings, which is what Idid before. Tell me that two of you did not conspire and plan to trick me into default byplanning 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 1 and Mr. Ratush in court offered Mr. Krichevsky to send hisreplies using email by December 16, 2011. (Sign hare 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 sendhis 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 processissue. (Sign here and return to me by any means)

Additionally, on November 18, before the hearing started I handed to you and Mr. Ratush my(filed in the court) request for FIRST JUDICIAL NOTICE for which I did not get anyopposition up to last hearing date. In it I, inter alia, objected to jurisdiction of the courtbefore disqualification of your firm decided and stated: "The Honorable Court isrespectfully requested to take Judicial Notice of the undisputable fact that proceeding byL'ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P. against plaintiff without

authority constitutes fraud in procurement of jurisdiction, making order or judgment ofthe court void.'1 Since none of defendants objected from November 18 till December 23,there was no controversy to begin with, I was planning to tell the judge that this pleadingby itself can be my timely reply to all of the defendants' motions and your firm should'vedisqualified 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 personallyserve my replies, but that I emailed my paperwork instead and therefore in default. Thenhe said that I had audacity to insult Miss. Ratner, a pregnant woman! I do not know howmaterial or meritorious to my case this issue of pregnancy was. If I did egregious crimeby insulting Miss. Ratner as pregnant woman, I am sorry. However, no one noticed meon her pregnancy. As I understand she is no longer on my case and you are now on it. Allmy 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 if sOK to insult a woman as long as she is not pregnant. The point is, Mr. Nunberg took awicked cheap shot at me below the waist. By this act he is not only dishonored himself asa man, lawyer, officer of the court, but the court itself. Additionally, he violated his Oathof Office and if those all meritorious arguments he had against a Russian pro se this day,I am sony for his future clients.

Quite predictably by Nunberg it worked. Female judge became angry, yelled at me, did not letme speak, told me that 1 was disrespectful of CPLR and her orders, and said: "your casedismissed." It is manipulated rotten victory and this order is void for fraud, just as familycourt 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; "1 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 earnedby 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 tomention they fought Nazis Germany to save the world. He is not "the supper lawyer'., heis not better than me and I am looking forward to see his client and the Jury in the OpenCourt on the Facts and Merits!

Merry Christmas and a Happy New Year! 1 hope that your holydays will not be as bad as mine.

Sincerely,"x

Michael KricuevskyEnclosure

CC: Judge Bernadette Bayne. Elena Svenson and Nicholas Ratush.

7/22/2014 "The Robing Room: NY State Judges

where judges are judged

Hon. Bernadette BayneSupreme CourtKings (Brooklyn) County

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What others hare said about Hon. Bernadette Bayne

Comments

:~ 'Civil Litigation - PrivateComment ft NY5584Rating:2.1Comments:incompetent, rude, selfrighteous, indignant, imperious, bizarre, don't even begin to describe thisjudge. When assigned to her all I can say is abandon hope all ye who enter here. . . Why don'tjudges have periodic basic competency exams.View Detag Send e-mail to this postef7g2;;rH4 5-1R-AZ FM

" -Civil Litigation - PrivateComment ft NY5313Rating:4.3Comments:She is proof that once one gets the robe, by hook or by crook, there is little if any real oversight bythe Court system. Anyone who sits in her courtroom for more than 5 minutes knows this is anabomination. Letting it go on for years is the worst of it. She is the best argument for privatizing thejudiciary.View Petal Send e-mail to this poster 4/-lfi/?n-U4-7.i-37 PM

v.. 'Civil Litigation - PrivateComment ft NY5259Rating:2.3Comments:I agree with all of the other comments on this judge. Aside from being disinterested in actual legalarguments, she is rude to the attorneys, tells people to shut up in her courtroom and has nounderstanding of the law or its application. But for her clerk who is incredible and is fair everydecision that she would ever write on her own would be overturned.

View Petal Send e-maii to this poster 3/27/201 4 3-?4;3n FM

C OtherComment* NY5220Ratlng:1.0Comments:She is abusive and ignorant, and ignores the law.

Send e-malto this posters/I 0/2014 i;m;ss FM

http:/AMMV.therobing room.com/NewYork/Judg e.aspx?ID=105#28265 2/7


r'-> Civil Litigation - PrivateComments NY5167

Rating:2.3Comments:If it weren't for her clerk, Adam Zucker, this part would be a nightmare.

View Delai Send e-mail to this posler?m;:>ni.i 1 -.24:36 FM

'-"Litigant

Comment*: NY5133Rating:1.0Comments:She refuses to listen to litigants who do not share her preconceived ideas. She refuses to readcontracts in order to understand the merits of litigants' arguments and is prepared to rule solely onher woefully limited legal experience. She is very scary, and leaves victims more damaged thanwhen they entered the courtroom. She has many times been in robust favor of large corporationsand insurance companies.

View Detai Send e-mai to this poster 1/25/2014 8:41 ;58 AM

- 'Civil Litigation - PrivateComment* NY5132Rating:1.8Comments:She is a very corrupt judge who ignores the law completely, and abuses and intimidates thelitigants. She is untruthful, and prefers not to be on the record. She refuses to write her ordersdown, which means that they can be changed easily. She prevents victims of corruption fromspeaking, and instead only allows her favorites to speak in court.

View Delaa Send e-maB to this posterias/2014 H-77-34 AM

.'" Civil Litigation - PrivateComment*: NY4806

RaUng:1.1Comments:I really have to fault the political institutions which allow a person of such odd temperament and lowintellect to reach the bench. She simply has no business deciding cases which criticially impactupon people's lives. She is too lazy to read papers, which she probably could not comprehend inany event, and turns oral argument into a farce. Everyone in the courtroom is laughing and cryinginside.

View Deta3 Send g-mai to this postera/26/2013 m-nci-?? AM

'': Civil Litigation - PrivateComment*: NY4745Rating:1.5Comments:Judge Bayne is biased. She does not read the motion papers. Therefore, she allows people toargue who have not submitted papers. Her arbitrary decisions disgrace the court.

View Petal Send e-mail to this poster8/29/2013 3:01:35 PM

'-' Civil Litigation - PrivateComment ft NY4335

http://w,w.therobi ng room.eom/N ewYork/J udg e.aspx?lD=105#28265 3/7


Rating:1.2Comments:Truly one of the worst judges in Kings county. If you are assigned to her for trial, be prepared toenter an alternate universe. Police officers are not allowed to testify because "they should be on thestreet protecting us". You cannot mention injuries when opening on your damages case.View Detai Send e-maB to this poster3/an/?rH3 in-da-if; AM

-^'Civil Litigation - PrivateComment*: NY4218

Rating:1.0Comments:Awful judge. She has no regard for the law. She is a disgrace and should be forced into earlyretirement.

View Detail Send e-mail to this poster?;in/7ni3 7'i7-3n PM

';-:' Civil Litigation - PrivateComment #: NY3521Rating:1.8Comments:Terrible judge. Does not know or follow the law. Motion argument is an absolute joke. She rarelyunderstands the arguments of either side. If you appear before her - good luck! It is an absolutecrap-shoot.

She has no place on the bench.

View DetaS Send e-mail to this poslerT/an/MI? B-31-ni AM

-;'Civil Litigation - PrivateComment* NY2619Rating: Not RatedComments:I think the best thing you could say about Justice Bayne is that she is passionate about what shedoes. However, she goes way o\erthe top on occasion, standing up, smacking her hand on thebench, yelling at lawyers and litigants and being insulting.

View Dela3 Send e-mail to this poster 1?;iH/9nn A-4A-ifi FM

- 'Civil Litigation - PrivateComment ft NY2459RaUng:1.0Comments:If i could ha\ rated her a zero I would have... Her temperament alone makes her unqualified to be ajudge; the only thing worse than her temperament is her inability to see both sides of an issue. Herineptitude not only damaged my client, but damaged the opposing side as well. I have never writtenanything negati\ about a judge prior to this, her record should be reviewed and she should beimpeached or otherwise removed from her post.

View DelaH Send e-mail to this posterl Q/13/2011 11:17:12 AM

3 CM Litigation - PrivateComment #. NY2327Rating:1.6Comments:Insists upon oral argument on all motions so that she does not ha\ to read motion papers. Sheutterly fails, however, to listen to the argument. She cannot remember which side is which, mixestheir arguments, and rules on the spot from the bench. After arguing in front of her, she granted mymotion. The adversary objected since she seemed to agree with him during the whole argument.

http:/AAMW.therobing roorncom/N ewYork/J udg e.aspx?ID=105#28265 4/7

7/22/2014 "The Robing Room: NY State Judg esHer response, "Well then I mean the opposite of what I just said. That's my ruling. Go away."

No matter what side you're on, this judge is always an unlucky draw.View Petal Send e-mail to this postera/9/;rn 1 2:35:25 FM

C' Civil Litigation - PrivateComment* NY2109Rating:1.4Comments:She actually told two attorneys who argued their motions before me that she would "spank" them.She lacks the temperament and knowldge to be a judge.View Petal Send e-maB to this poster fi/adffm 1 3:34:07 PM

'-CivilLitigation - PrivateComment* NY1890Rating:1.4Comments:She is a disgrace and should be removed from the bench. She makes a mockery of the New Yorkjudicial system. What kind of judge makes an attorney sit in a comer when she doesnt like theargument that she was making? I witnessed this before arguing a case before this judge.View PetaB Send e-mail to this poster2/27/jm -1 1:41:20 PM

' - : CivB Litigation - PrivateComment* NY1773Rating:2.8Comments:Awful judge. Ignores the law. Complete joke.

Send e-mail to this poster in 4/M1H 17'77-?5 m

' Civil Litigation - PrivateComment* NY1757Rating:1.9Comments:Yelled, screamed, refused to follow rules of evidence, procedure, caselaw. Said "shut up" or "bequiet" if you object. Horrible.View Petal Send e-maatothisposter1/S/2ni1 1:13:52 PM

' - Criminal Defense LawyerComment* NY1657Rating: Not RatedComments:Had to call her part under the new deposition rules, which require you to obtain a judicial ruling atthe time of the deposition rather than object and refuse to allow your witness to answer. Her lawclerk advised, "The judge doesnt do rulings." Well what on earth does she do?View PetaB Send e-maSto this poster 11/11/201 n 1?:-lfl-J4 PM

O Civil Litigation - PrivateComment* NY1624Ratlnsr.1.3

http:/AMAW.therobi ng roorncom/N ewYorkAJ udg e. aspx?ID=105#28265 5/7

7/22/2014 "The Robing Room: NY State JudgesComments:Worst judge I have ever appeared before in all my years of practice. When I appeared at anAppellate Division conference, the presiding justice even admitted they had no idea what to do withher. No knowledge of the law and clearit a policital appointment. New York should be ashamed.

View Detail Send e-mail to this poster 1 n/71 /7m n 1 n-i o-qn A ^

'-Civil Litigation - PrivateComment #: NY1440Rating:2.5Comments:Terrible Judge. In my opinion she should not be sitting on the bench.

Send e-mail to this poster7/2D;;ni 0 1 :3B:18 PM

' .-Civil Litigation - Govt.Comment* NY1342Rating:1.0Comments:Very simple-minded. Ex-partes are not unethical in her head. Doesnt hear your arguments - youhave to repeat yourself over and over, and if she catches on, you are lucky. If you're unlucky, shewill scream at you. If you can, con up any kind of excuse to get the case reassigned out of herpart, tf you cant, go to trial just to get out of her part. If she IS the trial judge, make sure all of yourobjections are carefijlly and exhaustively noted in the record. That's the kind of woman she is.View Detai Send e-mail to this poslera/Rgmn g-3?-3R PM

.--Civil Litigation - PrivateComment* NY788Rating:2.4Comments:The single worst trial experience in my 25 years in practice. Completely ignorant of the rules ofevidence (wouldn't let me cross the defendant from his deposition transcript). Was mean-spiritedand abusive. Intolerant of attempts to get her to reconsider her awful rulings.

View DelaB Send e-mail to Ms DoslerS/MPfina 9:58:14 AM

."-Civil Litigation - PrivateComment #. NY568Rating:5.0Comments:Does not have any expectation or regard for standards of professionalism between counsel and willnot enforce the new deposition rules.

View Detail Send e-mail to this poslerg/?R/?nnR 5:15:02 FM

http://wwv.therobingroom.corrVNewYork/Judge.aspx?lD=105*28265 e/7


http:/AwMW.therobingrooracom/NewYork/Judge.aspX7ID=105#28265 7/7

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF KINGS

INDEX NO. 19478/13MICHAEL KRICHEVSKY,

Plaintiff;AFFIDAVIT OF MAIL

-against- SERVICE

YONATAN LEVORITZ, VICTOR KATKALOV, JOHNFAS ONE, PAULA HEFNER, ROBERT RATANSKY, unknownclerk of JOHN FASONE, ELENA SVENSON,

Defendants.

STATE OF NEW YORKCOUNTY OF KINGS

Nelli Frid, being duly sworn, says:

I am not a party to the action; I reside at Brooklyn, New York, and I am over 18 years ofage.

On the 29 day of August, 2014 ,1 served the within Notice of Cross-Motion to Disqualifyand Stay with Supporting Affidavit, by depositing true copies thereof, enclosed in a post-paidwrapper, in an official depository under the exclusive care and custody of the United States PostalService within New York State, addressed to the following at the last known address set forthbelow:

L'ABBATE BALKAN COLAVITA & CONTINI, LLP1001 Franklin AvenueGarden City, New York 1153 0

ATTORNEY GENERAL OF THE STATE OF NEW YORK120 BroadwayNew York, New York 10271

NELLI FRID

Sworn to before meon August 29, 2014

ALICE ASH EHiOTARY PUBLIC, State of New York

No.01AS606220Qualified in Kings County

. nission Expires July 30, 201 7

Documents

Motion to Disqualify Judge Bernasette Bayne and Stay