TRANSCRIPT OF BROOKLYN FAMILY COURT HEARING - SLAVERY BEGINS, PART II, Pages 46-87

Svenson-cross 46
1 were telling us about, ma'am?
2 MR. SINGER: Yes.

3 THE PETITIONER: A thousand dollars but I ga
4 back already.
5 THE COURT: A thousand dollars from what,
6 who?
7 THE PETITIONER: From a friend of mine.
8 THE COURT: So you borrowed a thousand dollars
9 from a friend you said?
10 THE WITNESS: Yes. Yes.
11 MR. SINGER: Your Honor, my concern is that I
12 don't think she's understanding the questions.
13 THE PETITIONER: Yes, I understand.

14 Q So you borrowed money from a friend, a thousand
15 dollars that you paid back?
16 THE COURT: If you'd let her answer the ques-
17 tion, counsel --
18 A I paid back already.
19 THE COURT: -- you might get the one you were
20 listening for.
21 Q You say you paid back your friend; is that correct?
22 A Yes.
23 (Pause.)
24 THE COURT: Anything else, Mr. Singer?
25 MR. SINGER: Just a little bit on the school
SUPREME TYPING SERVICE, INC.
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Svenson-cross 47
1 frame.
2 Q Just to clarify, when did you plan on graduating from
3 school?
4 A 2012.
5 Q You're going to graduate from nursing school in 2012?
6 A I hope, yes.
7 Q You hope. When did you actually start nursing
8 school?
9 A 2008.
10 Q Who paid for nursing school?

11 A I didn't pay. I cannot pay.
12 Q I know that, but who had paid initially? Who was

13 paying your nursing school initially? Who paid for it?
14 A I make payment plan.
15 Q Did Mr. Krichevsky ever pay for any of your nursing

16 school?
17 A No, never.
18 Q Never. Did Mr. Krichevsky ever pay for any of your

19 college education?
20 A No.
21 Q Never.
22 A (No response.)
23 Q Never?
24 A Never.
25 Q How about did you have a car? Did you have a car to
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Svenson-cross 48
1 go -- you say you have a car; correct?
2 A Yes.
3 Q Do you use that car to go to your nursing school?
4 Do you drive there?
5 A Yes.
6 Q You use the car to go there; right?
7 A Yes.
8 Q How did you get that car; who paid for it?
9 A This car was belong to Mr. Krichevsky, but actually
10 this car was bought on my parents' money many years ago.
11 THE COURT: What kind of car are we talking
12 about, ma'am?
13 THE PETITIONER: (No response.)
14 THE COURT: What's the make and model? What
15 kind of car?
16 THE PETITIONER: It's Toyota Camry. Toyota

17 Camry 1994.
18 THE COURT: And you purchased it when?
19 THE PETITIONER: It was purchased on Michael
20 Krichevsky name, but it was bought actually on my
21 parents' --
22 THE COURT: When did you buy it? In 1995?
23 THE PETITIONER: Yes.
24 THE COURT: It was brand new?
25 THE PETITIONER: It was not me,

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Svenson-cross 49
1 Mr. Krichevsky, on his name.
2 THE COURT: But it was brand new?
3 THE PETITIONER: Yes, it was brand new.
4 THE COURT: All right.

5 Q And who paid for the insurance on that car?
6 THE COURT: Presently you're talking about?
7 MR. SINGER: Presently, sure.
8 THE COURT: Who's paying the insurance now,
9 ma'am?
10 THE PETITIONER: I pay.
11 Q How much is that per month?

12 A It's $139.
13 Q Who paid for it previously?
14 A (No response.)
15 Q Prior to October 2008 who was paying your insurance?
16 THE COURT: Well, that's not relevant, coun-
17 sel.
18 MR. SINGER: Okay.

19 THE COURT: The petition was only filed last
20 year.
21 Q You said that your mother passed away; is that cor-
22 rect?
23 A Yes.
24 Q When did she pass away?
25 A May 2006.
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Svenson-cross 50
1 Q Did you inherit any money from your mother?
2 A My sister has money from -- my mother left all money
3 to my sister.
4 Q You didn't inherit any money from your mother?
5 A No.
6 Q Where was your mother living before she died?
7 A In Germany.
8 Q But she had property in New York; is that correct?
9 A Yes.
10 Q Is that the property you live in now?
11 A Yes.
12 Q How many months a year was she spending in New York?
13 MR. LEVORITZ: Objection, relevance.
14 THE COURT: Why are we getting into where the
15 mother was living?
16 MR. SINGER: Because I want to see -- I don't

17 believe that she didn't get more money from her mother.
18 I think that's where she's getting most of her money
19 from.
20 THE COURT: Her dead mother?
21 MR. SINGER: I think she has a lot of money
22 from her mother.
23 THE COURT: Look, she listed no assets except

24 for the apartment on the financial. Again, you'll have z
25 chance if you have something that contradicts it, but he]

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Svenson-cross 51
1 answer is no. So the objection is sustained. Next
2 question.
3 Q Is there a reason why your mother didn't leave you
4 any money?
5 THE COURT: Objection sustained. Let's move
6 on, counsel. It's getting late. I have other cases.
7 Other people need to be heard today, and you're way past
8 your ten minutes.
9 MR. SINGER: Okay.
10 Q Do you have any bank accounts outside of New York?
11 THE COURT: Wait, wait, wait, wait. Ma'am,
12 you're not allowed to talk to your attorney while you're
13 on the witness stand. If I have to I'll move you over
14 here. Don't do that again.
15 And you know better, counsel. Cut that out.
16 MR. LEVORITZ: Yes, your Honor.
17 Q Do you have any bank accounts outside of New York?
18 A No.
19 Q Do you have any bank accounts in Europe?
20 A No.
21 Q No other bank accounts. Do you have any assets, any
22 stocks?
23 A No.
24 THE COURT: Outside of the country is the
25 question.
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Svenson-cross 52
1 Q Outside of the country.
2 A No. No.
3 Q In the country?
4 A No.
5 Q Any properties outside of the country?
6 A No.
7 Q So you have no assets?
8 A No assets.
9 Q The only asset you have is your co-op?
10 A And condo, Oceania.
11 THE COURT: Is that it, counsel?
12 Q Do you have a safe deposit box?

13 A No.
14 Q You don't have any jewelry in a safety deposit box?
15 A No.
16 Q Do you have any jewelry that's of value?
17 A I have some for me.

18 THE COURT: She's showing me a ring, counsel.
19 Q That's all you have?

20 A I have some.
21 Q That's the only valuable piece of jewelry you have i;
22 the ring you're wearing now?
23 A Yes.
24 THE COURT: Counsel, are you doing discovery
25 or do you have a good faith reason for asking these

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PROCEEDINGS 53
1 questions?
2 MR. SINGER: I think we're done. That's it.
4 MR. SINGER: We're done.
5 THE COURT: Mr. Krichevsky, are you employed,
6 sir?
7 THE RESPONDENT: Yes, I am.

8 THE COURT: Who do you work for?
9 THE RESPONDENT: Regency and Associates.
10 THE COURT: And what is your title there?
11 THE RESPONDENT: Manager, paralegal.
12 THE COURT: How long have you been employed b
13 this company, sir, this law firm?
14 THE RESPONDENT: Over ten years.

15 THE COURT: So why didn't you file a 2008 tax
16 return?
17 THE RESPONDENT: Why didn't I file?

18 THE COURT: Well, you didn't give me one so
19 I'm assuming you didn't file one.
20 THE RESPONDENT: Because in 2008 (Inaudible)
21 were in some filed order, order of protection and I coul
22 not collect my belongings. I hire moving company. They
23 came in without my presence, and they just packed all
24 things and move out.
25 Before Elena Svenson stole my --

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PROCEEDINGS 54
1 THE COURT: I don't want to hear that, sir.
2 Did you --
3 THE RESPONDENT: I don't have documents,
4 bottom line.
5 THE COURT: Did your employer issue you a
6 W-2?
7 THE RESPONDENT: Yes. I don't know where they
8 are.
9 THE COURT: So they could reissue you one.
10 THE RESPONDENT: I don't know where they are.
11 THE COURT: Did you go back to your employer

12 and ask for one?
13 THE RESPONDENT: You know, honestly, I can't
14 even ask him because --
15 THE COURT: Why?
16 THE RESPONDENT: For the problem for the

17 trouble that I've given him he could fire me. I could
18 get --
19 THE COURT: If you ask for a duplicate W-2 he
20 would fire you; after all these years?
21 THE RESPONDENT: 'Cause you don't know what's
22 going on. You don't know the whole story.
23 THE COURT: I don't care.
24 THE RESPONDENT: She came --
25 THE COURT: Sir, I don't care.

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PROCEEDINGS 55
1 THE RESPONDENT: Okay.
2 THE COURT: If I didn't make that clear be-
3 fore, let me make it very clear now. I do not care about
4 your personal problems with the lady.
5 I'm asking you a very simple question, sir,
6 and your answer was ridiculous.
7 THE RESPONDENT: No, I did not ask for copies
8 'cause I didn't dare.
9 THE COURT: What about 2007?
10 THE RESPONDENT: All of them, everything gone.
11 THE COURT: So this is reported income.
12 You're just going to let the IRS come after you; is that
13 the idea? Or do you think that the government owes you
14 money?
15 THE RESPONDENT: I don't know yet. They send
16 me--
17 THE COURT: Of course you don't know, 'cause

18 you haven't done your taxes.
19 THE RESPONDENT: They sent me notices, and I
20 simply don't have time to sort things out.
21 THE COURT: You don't?
22 THE RESPONDENT: I cannot even do taxes be-
23 cause I don't have my pay stubs, my expenses, anything.
24 THE COURT: Well, let me ask you this, sir.
25 THE RESPONDENT: Yes.

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PROCEEDINGS 56
1 THE COURT: We're coming towards the end of
2 the year. You're going to get another W-2 in January,
3 the end of January. Are you going to file 2009 taxes?
4 THE RESPONDENT: Uh -- yes.
5 THE COURT: Or are you going to be too busy
6 then?
7 THE RESPONDENT: Yes. I'll -- hopefully I'll
9 THE COURT: Hopefully you will do. Your 2005
10 tax return, sir, you report wages, and this is your
11 income alone, $154,000 working for the same firm; cor-
12 rect?
14 THE COURT: What was your total income last
15 year, sir, do you recall?
16 THE RESPONDENT: Over 300.
17 THE COURT: Three hundred what?
18 THE RESPONDENT: Thousand dollars.

19 THE COURT: In salary.
21 THE COURT: From the law firm?
23 THE COURT: As an office manager paralegal?
25 THE COURT: Can you explain to me how you

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PROCEEDINGS 57
1 qualify for that kind of an income as an employee of this
2 firm?
3 THE RESPONDENT: Because I was working a lot
of overtime. That's like I'm putting 60, 80 hours. I'm
5 doing -- I'm a network manager. I'm holding, like, many
6 positions. And I got bonus for the big case that I
7 handled.
8 THE COURT: You got a --
9 THE RESPONDENT: Actually, I didn't get those.
10 I got like 180 or $190,000 physically, whatever. On W-2
11 says 300 something, but I didn't get this money.
12 THE COURT: Why didn't you get the money?
13 THE RESPONDENT: Because taxes. I received --
14 THE COURT: Well, I understand the difference
15 between your gross and your net, sir.
16 THE RESPONDENT: Um-hmm.
17 THE COURT: But you're telling me that your

18 2008 W-2, if I had it in front of me, would report salary
19 of over 300,000 for the last year?
20 THE RESPONDENT: Yes. Yes.
21 THE COURT: All right, you have submitted pay

22 stubs with your financial disclosure. $2,000 weekly?
24 THE COURT: That's your income?

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PROCEEDINGS 58
1 THE COURT: From salary?
2 THE RESPONDENT: Oh, not weekly. Sorry.
3 2,000 biweekly.
4 THE COURT: Counsel, did you tell him the
5 answer?
6 THE RESPONDENT: I misspoke.
7 THE COURT: Mr. Singer?
8 THE RESPONDENT: I misspoke.
9 MR. SINGER: I just pointed -- I think --
10 THE COURT: I saw you gesture. I heard you
11 whisper. I want you to stop that.
12 MR. SINGER: I apologize, your Honor. I will
13 not say anything else.
14 THE COURT: Two thousand dollars how often?
15 THE RESPONDENT: Biweekly.
16 THE COURT: Biweekly. That's only $52,000 a
17 year, sir. You're aware of that? Don't shrug, sir. I
18 need an answer.
19 THE RESPONDENT: Yes, sir. Yes.
20 THE COURT: Where is the other income coming
21 from?
22 THE RESPONDENT: Not anymore. It's like --
23 THE COURT: What do you mean not anymore? Y
24 just told me last year you grossed 300,000. Now you're
25 trying to tell me your income is down to 52,000.

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PROCEEDINGS 59
2 THE COURT: I want to know why such a drastic
3 drop.
4 THE RESPONDENT: I'll explain.
5 THE COURT: Please.
6 THE RESPONDENT: You heard the story with AIG
7 when they wrote bonuses, and then they filed for bank-
8 ruptcy. Same thing happened to us. I got this bonus,
9 and then no income because we dependent on insurance
10 industry --
11 MR. LEVORITZ: Objection.
12 THE COURT: What's the objection?
13 MR. LEVORITZ: It's complete speculation. He
14 has no personal knowledge of whether or not AIG paid out
15 its particular --
16 THE COURT: He's talking about his salary.
17 MR. SINGER: He's giving an example.
18 MR. LEVORITZ: He's not talk ing about his
19 salary.
20 THE COURT: That's what I heard. Everybody
21 stop.
22 Sir, your salary, why was your salary reduced?
23 I don't want to hear about AIG?
24 THE RESPONDENT: Because my boss told me that
25 business is going down. He's planning to close down

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PROCEEDINGS 60
1 company because insurance company is not paying anything.
2 MR. LEVORITZ: Objection as to what his boss
3 said.
4 THE COURT: Sustained.
5 THE RESPONDENT: And I had to --
6 THE COURT: Sir.
7 THE RESPONDENT: -- take pay cut.
8 THE COURT: When did all this happen?
9 THE RESPONDENT: In 2008.
10 THE COURT: About the time this petition was
11 filed?
13 THE COURT: And doesn't that seem somewhat
14 coincidental to you? Since the lady is asking you to pa}
15 her child support all of a sudden your income drops?

16 THE RESPONDENT: Actually started before. I
17 was just living off the savings. It started before.
18 THE COURT: But I wouldn't know that, sir,
19 unless I saw your tax returns, and your pay stubs, would
20 I?
21 THE RESPONDENT: I could -- I could -- I have
22 somewhere my pay stubs. I'll show you.
23 THE COURT: I have the ones that you submit-
24 ted. That's what I'm going with. I already made that
25 very clear.
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PROCEEDINGS 61
1 THE RESPONDENT: I was told you need recent
2 ones. No one told me you need from 2008.
3 THE COURT: You're also supposed to file your
4 taxes, sir, but apparently you didn't do that either.
5 THE RESPONDENT: I didn't.
6 THE COURT: Your financial disclosure booklet.
7 You list your employer as Wittenstein and Associates, 60
8 to 80 hours per week. You list weekly gross wages a
9 thousand. No deductions for New York State tax or feder-
10 al tax. "Will be done later."
11 You have a very creative bookkeeper, sir, at
12 the firm.
13 THE RESPONDENT: No, I --
14 THE COURT: Since you're the office manager
15 maybe you're the one who's in control of this. I don't
16 know.
17 THE RESPONDENT: This is what my pay stub
18 says. It says here -- I'm just reading what it says.
19 Medicare tax, FICA tax.
20 THE COURT: Yeah, but sir --
21 THE RESPONDENT: Federal withholding tax --
22 THE COURT: -- if you're the office manager
23 why are they not taking out federal and state taxes from
24 your pay?
25 THE RESPONDENT: I don't know who bookkeeper

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PROCEEDINGS 62
1 is. I'm not talking to the person that does it.
2 THE COURT: Then what exactly do you manage?
3 THE RESPONDENT: I manage practice, but ac-
4 counting is done by boss. He has --
5 THE COURT: Well, did you ever think that you
6 might want to speak to these people? Because, again, if
7 they're not taking out federal taxes you can owe a lot of
8 money. Or are you too busy to deal with this, too?
9 THE RESPONDENT: It's true. I'm so -- my life
10 is scarce. You know, I don't sleep --
11 THE COURT: Well, it's time to get it togeth-
12 er, sir. You have a child to support.
13 All right, now you list a checking account,
14 Sovereign Bank, $1,700 balance. Residence owned 4221
15 Atlantic Avenue, value undeterminable. Other real estate

16 owned 120 Oceania Drive West, value undeterminable.
17 Other assets, $16,000 total value not more specifically
18 stated. I can't quite make out the handwriting on top.

19 You only have one bank account, sir?
20 THE RESPONDENT: Which page?
21 THE COURT: Page three of seven. Something
22 about a pending Supreme Court action. It's not really

23 relevant.
24 Do you have any other bank accounts outside of
25 the Sovereign Bank account, sir?

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Krichevsky-direct 63
1 THE RESPONDENT: No.
2 THE COURT: And your only income right now
3 comes from your salary?
5 THE COURT: $300,000 last year.
6 THE RESPONDENT: It was a bonus. It's not
7 like I was getting like biweekly. It was a one time --
8 THE COURT: It's not like you gave them back
9 the money either, was it? You didn't give them back the
10 money, did you?

12 THE COURT: Mr. Singer, do you have any ques-

13 tions to supplement your client's testimony about his
14 income?
15 MR. SINGER: Yes.
16 THE COURT: You've got five minutes, top.

17 DIRECT EXAMINATION
18 BY MR. SINGER:
19 Q Mr. Krichevsky, you testified you had made $300,000
20 approximately last year?
21 A Yes, I did.
22 Q How much of that was salary, as opposed to bonus?
23 A Salary was approximately 2,000 per week.
24 Q 2,000 per week.
25 A And the bonus was lump sum.

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1 Q Can you explain? What was the circumstances of you
2 getting that bonus?
3 A The case I worked on 2004 I was doing overtime. I
4 wasn't getting paid. It's like the company, the way company
5 works.
6 Q And how long have you been at this company for?
7 A Over ten years. I would say maybe 15 years.
8 Q And how does it typically work? Do you typically
9 make a biweekly salary, and then a bonus if the case goes
10 well? Is that typically how it's been compensated?
11 A Yes.
12 THE COURT: Counsel, try not to ask a leading
13 question.
14 Q What was your salary in 2008?
15 THE COURT: He said 2,000 a week.
16 MR. SINGER: Two thousand a week.
17 THE COURT: Biweekly. I'm sorry.
18 Q What was your salary in 2007?
19 A 2007 was better. Was maybe three, four a week, and
20 then bonuses.
21 Q What's the reason for the decline of the business?
22 MR. LEVORITZ: Objection, asked and answered.
23 A General --
24 THE COURT: Objection sustained.
25 Let's move on.

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1 MR. SINGER: Okay.
2 Q When did you say the business -- when did the busi-
3 ness decline? When did things start declining?
4 A In 2007.
5 Q 2007.
6 A Not -- not -- slowly, gradually.
7 Q Was it also further in 2008?
8 A Yes.
9 MR. LEVORITZ: Objection, leading.
10 Q And that's consistent with a recession?
11 THE COURT: All right, Mr. Singer, I asked yo
12 not to do that.
13 A Um --
14 THE COURT: Objection sustained.
15 Q And fro your own knowledge, when did the recession
16 start?
18 MR. SINGER: It's not a leading question, your
19 Honor, that's why --
20 THE COURT: Sustained. We're talking about
21 his salary.
22 MR. SINGER: My point is, your Honor --
23 THE COURT: Not the general state of the
24 economy.
25 MR. SINGER: My point is of course his salary

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1 went down --
2 THE COURT: I got your point, counsel, but I'm
3 not interested. Move on. You have two more minutes.
4 Q You said that you've had trouble. What documents are
5 you missing right now that prevented you from doing your tax
6 returns?
8 THE COURT: No, I want to hear this.
9 2008 tax return.
10 MR. SINGER: Yes.

11 THE COURT: What documents are you missing,
12 sir?
13 THE RESPONDENT: I am missing my bank state-
14 ments. I am missing my expenses, deductions, credit card
15 bills which is deductible, which I could use deductions.
16 THE COURT: What credit card bills are deduct-

17 ible from your taxes?
18 THE RESPONDENT: 'Cause I use it for business.
19 I use it for renovation. I started renovation, and I
20 don't --
21 THE COURT: You don't have access to your
22 credit card bills?
23 THE RESPONDENT: Everything takes time.

24 THE COURT: What takes time?
25 THE RESPONDENT: To collect everything that I

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1 paid.
2 THE COURT: You call your credit card compa-
3 nies, your banks, and you get duplicate statements, just
4 like you could get your duplicate W-2.
5 THE RESPONDENT: Your Honor, yesterday I was
6 here. When I'm here if I put up four hours over here,
7 okay, no one's doing my job.
8 THE COURT: Why were you here four hours
9 yesterday?
10 THE RESPONDENT: I have to come back -- excuse
11 me. I have --
12 THE COURT: Why were you here four hours
13 yesterday?
14 THE RESPONDENT: Not yesterday, before yester-
15 day, on six. Because there was supposed to be hearing.
16 Okay?
17 When I come I have to still put up my hours.
18 If it's at 12 P.M. I have to do what I have to do. Okay?
19 THE COURT: So you have no time to take care

20 of your personal business?
21 THE RESPONDENT: I have no vacation. I have
22 no weekends.
23 THE COURT: Just answer my question, sir.
24 THE RESPONDENT: No, I didn't have time.
25 THE COURT: There is no time available.
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1 THE RESPONDENT: I didn't have time.
2 THE COURT: Not weekends, not evenings, not
3 time to do your personal business.
4 THE RESPONDENT: Absolutely. I don't even
5 have time to rest.
6 THE COURT: Next question. Last one, actual-
7 ly. I have to move this along.
8 Q have you gotten any bonuses in 2009?
9 A No.
10 THE COURT: Well, we're not at the end of the
11 year yet.
12 Q Do you expect to get any bonuses in 2009, from what
13 you've seen so far?
14 THE COURT: I'm not asking him to predict the
15 future.
16 A I can only hope.
17 THE COURT: Nobody predicts the future.
18 MR. SINGER: Okay, one last question, your
19 Honor.
20 Q Have there been other years you've been working for
21 Wittenstein and Associates that you have not gotten bonuses?
22 A Yes.
23 Q Which years?
24 A I think year 2006, or 2007 I got only like 60,000 a
25 year.
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Krichevsky-cross 69
1 Q That's your salary?
2 A That's everything, like W-2, which is like 60 or
3 70,000 a year.
4 Q So the bonus is not guaranteed?
5 THE COURT: That's leading, counsel.
7 THE COURT: Cross-examination, Mr. Levinsky.
8 MR. LEVORITZ: Levoritz. Doesn't make a
9 difference, your Honor. Thank you.
10 CROSS-EXAMINATION
11 BY MR. LEVORITZ:
12 Q Taxes for 2006, you have not produced them for this
13 Court, have you; yes or no?
14 A No.
15 Q Taxes for 2007, you haven't produced them for this
16 Court, yes or no?
17 A No.
18 Q Isn't it true that you have no time to rest because
19 you're actually an owner of Wittenstein and Associates; yes
20 or no?
21 A No.
22 MR. SINGER: Objection.
23 THE COURT: He is an owner --
24 MR. SINGER: (Inaudible)
25 THE COURT: Wait, wait, wait. He is an owner

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Krichevsky-cross 70
1 of a law firm, counsel?
2 MR. LEVORITZ: Your Honor, unfortunately, in
3 certain communities it does happen where non-lawyers
4 actually own law firms, and it's the lawyer that's --
5 THE COURT: Well, not in this state.
6 MR. LEVORITZ: -- used as a front.
7 MR. SINGER: I --
8 THE COURT: The answer is no, sir, right? Y
9 don't own the firm?
11 THE COURT: All right, next question.
12 Q Isn't it true that you have notime to rest because
13 the firm is extremely busy, and you too are extremely busy,
14 yes or no?
15 A I am extremely busy.
16 THE COURT: He just said he was extremely
17 busy.
18 Q Have you produced any bank statements in this court
19 proceeding, yes or no?
20 A No.
21 Q Have you produced any credit card bills in this

22 proceeding; yes or no?
23 A No.
24 Q The renovation that you were talking about, on your
25 credit cards, isn't it true that was a renovation for the law
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Krichevsky-cross 71
1 office; yes or no?
2 A No.
3 Q 2005 you earned 154,000; correct?
4 A Correct.
6 A Correct.
8 A Don't remember.
9 Q Would it help you if I showed you a copy of your W-2?
10 Would that help refresh your recollection?
11 THE RESPONDENT: Where did you get it from?
12 THE COURT: Hey, sir!

13 Q Would that help refresh your recollection --
14 THE COURT: All right, stop. Stop.
15 When did this become a street fight? You

16 don't argue with the attorney. If your attorney has an
17 objection he says it.
18 You turn around in that chair, and you look
19 forward straight at me, and you stop that.
20 THE RESPONDENT: That's the document --
21 THE COURT: Sir! You don't do it that way.
22 That's the last time that happens.
23 You want to show him something?
24 MR. SINGER: Your Honor, I'll object based on
25 the source of where they got the documents from?
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1 THE COURT: I don't care what the source was.
2 If he has it, and he wants to show it to him, he's going
3 to show it to him.
4 MR. SINGER: If he took the documents illegal-
5 ly--
6 MR. LEVORITZ: So what?
7 MR. SINGER: -- (Inaudible) wrong.
8 MR. LEVORITZ: It's not illegal it came in.
9 THE COURT: Then complain to the District
10 Attorney's off ice or the police.
11 MR. SINGER: Well, we're going to do that
12 probably.
13 MR. LEVORITZ: Excellent. Fine.
14 Q Would this help? Would seeing the W-2 refresh your
15 recollection as to what you earned in 2002; yes or no?
16 A If I see it, yes.
17 MR. LEVORITZ: Would you please show him the
18 copy --
19 THE COURT: Wait, wait, wait. Hand it to the
20 officer.
21 Mr. Singer, please have a seat.
22 Q You earned 164 in 2002?
23 A I did.
24 Q So miraculously the only two times that you did not
25 earn significant income above $150,000 are the two years you
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Krichevsky-cross 73
1 have not produced for this Court; correct? Yes or no?
2 A I don't know what to say.
3 Q It's a yes or no.
4 THE COURT: He's saying that the missing tax
5 returns and W-2s are for the two years you say you did
6 not earn a bonus; is that correct?
8 Q You're building a new house; isn't that correct?
9 A I'm doing renovation.
10 Q Isn't it true that you're building a house completely
11 from scratch, yes or no?
12 A No.
13 MR. SINGER: Objection, irrelevant.
14 MR. LEVORITZ: Depends on how much money --
15 THE COURT: Wait, wait, wait.

16 MR. LEVORITZ: -- he's spending.
17 THE COURT: Why would that be irrelevant?
18 MR. SINGER: 'Cause the only thing we're
19 concerned about here is his income, not what he's doing

20 with a house.
21 THE COURT: Well, didn't you have a chance to

22 ask the lady about her assets, and where her money was
23 coming from? I think it's relevant. Objection is over-
24 ruled.
25 Sir, are you building a new house from

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1 scratch?
3 THE COURT: Where are you renovating an apart-
4 ment, or a building?
5 THE RESPONDENT: It's renovation.
6 THE COURT: Where? What's the address?
7 THE RESPONDENT: 4221 Atlantic Avenue.
8 THE COURT: 4221 Atlantic Avenue.
9 Go ahead.
10 Q How many people from a construction crew are working
11 on that house?
12 A Between five and ten.
13 Q Five and ten construction workers.

14 And you drive a BMW X-3; is that correct?
15 A No.
16 Q What do you drive, sir?
17 A I gave it back.
18 Q You gave it back. Yet you had it like eight weeks
19 ago; isn't that correct?
20 THE COURT: Sir, you had a BMW?

21 THE RESPONDENT: I had a BMW, which I leased
22 in 2007 when things were good. And it's a leasing con-
23 tract so --
24 THE COURT: The contract was ended?
25 THE RESPONDENT: No. It's a voluntary repos-

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1 session. I didn't pay for it lately.
2 Q So you gave back the car --
3 MR. LEVORITZ: Withdrawn.
4 Q All of a sudden, this proceeding is going on, and now
5 all of a sudden you have no BMW anymore, is that your testi-
6 mony?
7 A Yes.
8 Q Just coincidental; correct?
9 A No --
11 A -- it's not coincidental.
12 THE COURT: No arguments, counsel.
13 A It's not coincidental.
14 THE COURT: Sir, there's no question.
15 Q You have a National City account; is that correct?
16 A Correct.
17 Q Isn't it true that you made every single payment on
18 time until July 2009?

19 A I don't remember.
21 Q -- would showing you copies --
22 THE COURT: Wait. Wait. There's an objec-
23 tion. Can you slow down?
24 MR. SINGER: Are you ready to show him docu-
25 ments from National City?

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1 MR. LEVORITZ: Which he was supposed to --
2 THE COURT: He asked a question. Was he up to
3 date through July of '09? Was that the question?
4 MR. LEVORITZ: That was the question, your
5 Honor, yes.
6 THE COURT: And the answer is?
7 THE RESPONDENT: I don't remember.
8 THE COURT: Don't remember. Now you want to
9 show him something?
10 Q Would showing you a copy of your National City re-
11 cords refresh your recollection as to whether or not you were
12 up to date until July 2009?
13 MR. SINGER: I have an objection 'cause I
14 never got a copy. If this was from a subpoena I was to
15 get a copy, which I never did.
16 MR. LEVORITZ: Your Honor, he was supposed to
17 provide these documents pursuant to my demand for discov-
18 ery and inspection.
19 THE COURT: Let me see the document.
20 MR. LEVORITZ: Absolutely.
21 MR. SINGER: (Inaudible) CPLR having a hearing
22 without (Inaudible) copies of documents. Sanctionable
23 conduct.
24 MR. LEVORITZ: Actually it's not sanctionable
25 conduct.
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Krichevsky-cross 77
2 MR. LEVORITZ: But the --
3 THE COURT: Counsel. Didn't we have a discus-
4 sion about juvenile behavior?
5 MR. LEVORITZ: Your Honor --
6 THE COURT: Everybody sit down.
7 This has already taken a lot more time than I
8 anticipated. This hearing is coming to a close soon.
9 (Pause.)
10 THE COURT: Mr. -- Levoritz?
12 THE COURT: Did you ever serve a copy of the
13 subpoena on Mr. Singer?
14 MR. LEVORITZ: Absolutely. In fact, he made a

15 motion to quash based upon him being served, your Honor.
16 THE COURT: You got the subpoena?
17 MR. SINGER: I got the subpoena, made a motion

18 to quash. And if he got the document, pursuant to CPLR
19 he's supposed to provide me copies of them.
20 MR. LEVORITZ: Your Honor, these documents
21 came in last Friday. There has not been enough time,
22 especially since the motion to quash was made, and we
23 were due in court on the 6th.
24 MR. SINGER: We spoke on the phone on Friday.
25 MR. LEVORITZ: Yes, we did. We spoke on the

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Krichevsky-cross 78
1 phone Friday afternoon.
2 THE COURT: Everybody stop. I don't care who
3 called who.
4 The question is would these records, sir,
5 refresh your recollection whether or not he made any --
6 What was the question?
7 MR. LEVORITZ: Whether or not he was up to
8 date on all of his payments to National City until July
9 2009.
10 THE COURT: For a mortgage? Car payment?
11 MR. LEVORITZ: Mortgage payment, your Honor.
12 THE COURT: Mortgage payment.
13 Would looking at the documents, sir, refresh
14 your recollection about that?
15 THE RESPONDENT: Well, I didn't see this
16 documents, but I would say if it's not July maybe it's
17 June. But I'm not sure about July.
18 THE COURT: Well, maybe through some point in
19 the summer you were up to date.

20 THE RESPONDENT: Yeah.
22 MR. SINGER: Your Honor, I'm just objecting t
23 having that submitted into evidence at all.
24 THE COURT: It's not.
25 MR. LEVORITZ: I'm not submitting it into

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Krichevsky-cross 79
1 evidence.
2 MR. SINGER: (Inaudible) reference without us
3 having a copy first.
4 MR. LEVORITZ: He said he was basically up to
5 date until June.
6 Q Sir, when did the Court make an order stating that
7 you are the father of David?
8 MR. SINGER: Objection. What's the relevance
9 to that?
10 MR. LEVORITZ: It has to do with the timing,
11 and the fact that he stopped paying his bills and the
12 order was --
13 THE COURT: All right. I can certainly take
14 notice that the order of filiation was entered in --
15 MR. LEVORITZ: July 13th, I believe, your
16 Honor.
17 COURT CLERK: July 13th, your Honor.
18 THE COURT: I'm hearing July 13th.
19 MR. SINGER: It may very well be.

20 THE COURT: So the question, sir, is were you
21 up to date through the time that you admitted being the
22 father of the child involved in this case; yes or no?
23 THE RESPONDENT: It would be June, July. I'm
24 not --
25 THE COURT: June or July.

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Krichevsky-cross 80
2 THE COURT: Fair enough.
3 Q So --
4 THE RESPONDENT: On that account. On that
5 account. But I have four mortgages. One I --
6 THE COURT: That's not the question.
7 MR. LEVORITZ: I didn't ask that question.
8 THE COURT: That's not the question.
9 On that account.
10 Q Did you produce any other account statements in this
11 proceeding, sir?
12 A No.
13 THE COURT: Do you have a lot more,
14 Mr. Levoritz?
15 MR. LEVORITZ: I've got two more questions.

16 Can I go into aealth insurance, your Honor or --
17 THE COURT: No.
18 MR. LEVORITZ: No. Okay. Just income?
19 THE COURT: Just income.

20 MR. LEVORITZ: And assets. Got it, your
21 Honor. Okay.
22 Q How much child support have you paid for David since
23 the commencement of this proceeding?

24 THE COURT: Why is that relevant?
25 MR. LEVORITZ: Okay. Withdrawn. I was going

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Krichevsky-cross 81
1 to go somewhere else with it, but it's okay.
2 THE COURT: All right, 'cause we're going to
3 have to take a break in a minute.
4 MR. SINGER: Your Honor, can I reexamine my
5 witness?
6 THE COURT: Later. I want counsel to finish
7 cross. Then we're going to take a break.
8 Q Have you produced copies of your mortgage applica-
9 tions, as requested in this proceeding?
10 A No.
11 THE COURT: Requested by who and when?
12 MR. LEVORITZ: Requested by me on August 10,
13 2009, your Honor.

14 MR. SINGER: Objection. (Inaudible) have been
15 served.
16 THE COURT: I'm sorry?
17 MR. LEVORITZ: He objected to every single

18 item I requested, bank statements, credit cards --
19 MR. SINGER: For five years, your Honor. What
20 is this, for the entire history of the relationship?
21 MR. LEVORITZ: No, but (Inaudible).
23 MR. LEVORITZ: No, he doesn't -- I don't --
24 THE COURT: Stop it.
25 MR. LEVORITZ: Your Honor --

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Krichevsky-cross 82
1 THE COURT: What's the question?
2 MR. LEVORITZ: I asked him if he produced his
3 mortgage statements in this proceeding pursuant to my
4 demand. The answer was no.

5 THE COURT: The answer is no. Fine. What's
6 the next question? You said you had two.
7 Q Did you produce copies of the contracts that were
8 requested between you and your contractor to renovate the
9 house on Atlantic Avenue; yes or no?

10 A No.
11 MR. SINGER: Again objections were made to
12 that request, and your Honor said no third party discov-
13 ery.
14 THE COURT: Well, no. If he was a party to
15 the contract how is that third party discovery?

16 MR. LEVORITZ: And it was requested as part of
17 the discovery from what he introduced, your Honor.
18 THE COURT: I already ruled.
19 All right, anything else on his income?
20 MR. LEVORITZ: Your Honor, I can go on. There
21 are lots of things, but in the time allotted?
22 THE COURT: I know. That's the problem. I
23 don't have all day for this.
24 MR. LEVORITZ: I'm trying --
25 THE COURT: It's dragged on way too long. All

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PROCEEDINGS 83
1 right, we're going to take a break. Everybody's coming
2 back to see me three o'clock. Thank you.
3 COURT OFFICER: Parties are excused. Please
4 step out.
5 (Whereupon, the matter was laid aside, and
6 later recalled.)
7 * * *
10
11
12 COURT CLERK: We're back on the record.
13 COURT OFFICER: This is a recall of number 19
14 and 20 on the calendar in the matter of Krichevsky. All
15 appearances remain the same. I remind you you're still
16 under oath. Have a seat.
17 THE COURT: All right, unfortunately we won't

18 be able to continue the hearing today. Another Magis-
19 trate is down. I've inherited a good part of his case-
20 load, and I have to try to get everything done by five
21 o'clock. So I will put this matter over, unfortunately.
22 One thing I noticed when I was going through
23 the file at the lunch break, Mr. Levoritz.
25 THE COURT: I've come across a letter, a

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PROCEEDINGS 84
1 complaint letter apparently you sent to the supervising
2 Judge, Judge Hepner.
3 MR. LEVORITZ: When my objections were origi-
4 nally bounced, your Honor. Yes, I did.
5 THE COURT: Accusing me of some involvement it
6 the denial of the objection clerk to file your objection:

7 MR. LEVORITZ: That is what the objection
8 clerk said. The objection clerk --
9 THE COURT: Well, I don't care what she said,
10 counsel. I've been doing this job for ten years. Nobod}
11 has ever asked my opinion about whether or not to file

12 objections. So next time try to get your facts straight
13 before you make these wild accusations.

14 MR. LEVORITZ: The accusation was very clear,
15 your Honor. It stated what the --
16 THE COURT: I don't care what she said.
17 MR. LEVORITZ: -- objection clerk stated.
18 THE COURT: No, no, no, no, no. Let me find
19 the exact language that I'm pointing to.
21 (Pause.)
22 THE COURT: "At this juncture my client has
23 been deprived of her basic right to due process at the
24 behest of a Support Magistrate who has directed that my
25 client be deprived of judicial review despite the case

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PROCEEDINGS 85
1 law to the contrary."
2 MR. LEVORITZ: That's what the case law says,
3 and that's what --
4 THE COURT: I don't care, counsel. I don't
5 appreciate those kinds of comments. And the only reason
6 I'm putting this on the record is to make it very clear.
7 I did have a conversation with Ms. Kranick before she
8 filed the objection. She was discussing with me her
9 frustrations in dealing with you, quite frankly, and your
10 harassing phone calls to her to get it filed. And I tol •

11 her in my opinion I didn't think she had any choice but
12 to file it.
13 So, again, if you're going to make these kind
14 of accusations get your facts straight. But I don't
15 appreciate these kind of comments in letters to my super-

16 visors, counsel.
17 MR. LEVORITZ: Your Honor, I understand that.
18 However, that is not what the objection clerk stated.
19 What the objection clerk --

20 THE COURT: I don't care what she said.
21 MR. LEVORITZ: And my facts are straight, you
22 Honor, based upon --
23 THE COURT: No, they're not.
24 MR. LEVORITZ: -- what the objection clerk
25 stated.
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PROCEEDINGS 86
1 THE COURT: No because I did not have anythi
2 to do with this. So before you tell my supervisor that
3 did get your facts straight.
5 THE COURT: You're unbelievable, counsel, you
6 really are.
7 MR. LEVORITZ: I apologize, your Honor.
8 In the interim are we going to have an oppor-
9 tunity to finish discovery, your Honor.

10 THE COURT: I don't know what's been done.
11 Quite frankly, it's not my concern.
12 MR. LEVORITZ: I'm just inquiring, your Honor,

13 in light of the fact that we are adjourning it --
14 THE COURT: We're adjourning it for hearing.
15 Whatever discovery's been done is done. I'm not autho-
16 rizing any new discovery, no.

17 MR. SINGER: What about between the parties,
18 your Honor? We had scheduled deposition, they had can-
19 celed at the last minute, besides having --
20 MR. LEVORITZ: No (Inaudible).
21 MR. SINGER: (Inaudible) we would like to have
22 a deposition of her. That's what we noticed.
23 THE COURT: I am not getting involved in your
24 squabbles. I told you that repeatedly. I told you what
25 I needed. I told you how we were going to proceed. You

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PROCEEDINGS 87
1 two are grown adults, supposedly admitted attorneys. I'm
2 starting to have my doubts. Deal with it. Present the
3 case as best you can, but I'm not authorizing anything.
4 We are adjourned. So everybody get out your
5 calendar books right now. We're picking a date. How is
6 Wednesday, January 6th in the afternoon?
7 MR. SINGER: That's fine.

8 MR. LEVORITZ: Fine for me.
9 THE COURT: Two o'clock. Good?
10 MR. LEVORITZ: That's fine, your Honor. In
11 terms --
12 THE COURT: Temporary order is continued.
13 MR. LEVORITZ: In terms of timing, your Honor,
14 are we going to be allotted more time when we come back

15 to do cross and direct? I just want to understand exact-
16 ly what's going to happen.
17 THE COURT: I'll tell you on that day. Just
18 be prepared. Thank you.
19 COURT OFFICER: Parties are excused. Please
20 step out. Speak to your attorney outside.
21
22
23
24
25
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1 CERT IF I CATE
2 I, MAXINE JONES, certify that the foregoing
3 transcript of proceedings in the Family Court,
4 Kings County in the Matter of Elena Svenson v.
5 Michael Krichevsky, Docket No. F-28901/08, was
6 prepared using four track electronic transcription
7 equipment and is a true and accurate record of the
8 proceedings.
10 SIGNATURE: /f Z
11 DATE: December 23,
12
13
14
15
16
17
18
19
20
21
22
23
24
25
SUPREME TYPING SERVICE INC.

Brooklyn, New York
(718) 778-0017

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Svenson-cross 46

1 were telling us about, ma'am?

2 MR. SINGER: Yes.

12 don't think she's understanding the questions.

13 THE PETITIONER: Yes, I understand.

21 Q You say you paid back your friend; is that correct?

5 Q You're going to graduate from nursing school in 2012?

7 Q You hope. When did you actually start nursing

10 Q Who paid for nursing school?

12 Q I know that, but who had paid initially? Who was

14 A I make payment plan.

15 Q Did Mr. Krichevsky ever pay for any of your nursing

18 Q Never. Did Mr. Krichevsky ever pay for any of your

1 go -- you say you have a car; correct?

3 Q Do you use that car to go to your nursing school?

4 Do you drive there?

6 Q You use the car to go there; right?

9 A This car was belong to Mr. Krichevsky, but actually

10 this car was bought on my parents' money many years ago.

11 THE COURT: What kind of car are we talking

13 THE PETITIONER: (No response.)

14 THE COURT: What's the make and model? What

16 THE PETITIONER: It's Toyota Camry. Toyota

24 THE COURT: It was brand new?

25 THE PETITIONER: It was not me,

1 Mr. Krichevsky, on his name.

2 THE COURT: But it was brand new?

3 THE PETITIONER: Yes, it was brand new.

4 THE COURT: All right.

6 THE COURT: Presently you're talking about?

7 MR. SINGER: Presently, sure.

8 THE COURT: Who's paying the insurance now,

10 THE PETITIONER: I pay.

11 Q How much is that per month?

18 MR. SINGER: Okay.

1 Q Did you inherit any money from your mother?

2 A My sister has money from -- my mother left all money

4 Q You didn't inherit any money from your mother?

6 Q Where was your mother living before she died?

8 Q But she had property in New York; is that correct?

12 Q How many months a year was she spending in New York?

13 MR. LEVORITZ: Objection, relevance.

14 THE COURT: Why are we getting into where the

15 mother was living?

16 MR. SINGER: Because I want to see -- I don't

23 THE COURT: Look, she listed no assets except

25 chance if you have something that contradicts it, but he]

1 answer is no. So the objection is sustained. Next

3 Q Is there a reason why your mother didn't leave you

5 THE COURT: Objection sustained. Let's move

6 on, counsel. It's getting late. I have other cases.

7 Other people need to be heard today, and you're way past

8 your ten minutes.

9 MR. SINGER: Okay.

10 Q Do you have any bank accounts outside of New York?

11 THE COURT: Wait, wait, wait, wait. Ma'am,

12 you're not allowed to talk to your attorney while you're

13 on the witness stand. If I have to I'll move you over

14 here. Don't do that again.

15 And you know better, counsel. Cut that out.

16 MR. LEVORITZ: Yes, your Honor.

17 Q Do you have any bank accounts outside of New York?

19 Q Do you have any bank accounts in Europe?