Transcript of Brooklyn Family Court Hearing - Slavery Begins, Part Iii

11 FAMILY COURT OF THE STATE OF NEW YORK COPY
COUNTY OF KINGS
2
-----------------------------------------X
3 ELENA SVENSON,
4 Petitioner, DOCKET NO.
F-28901-08
5 - against -
6 MICHAEL KRICHEVSKY,
7 Respondent.
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8
9 330 Jay Street
Brooklyn, New York 11201
10
11 January 6, 2010
12
B E F O R E: JOHN FASONE
13 SUPPORT MAGISTRATE
14
APPEARANCES: YONATAN S. LEVORITZ, ESQ.
15 Attorney for the Petitioner
2306 Coney Island Avenue
16 Brooklyn, New York
17 MICHAEL KRICHEVSKY
Respondent Pro Se
18
19 TRANSCRIBER: DOROTHY FLORENTINO
20
21
Proceedings recorded by electronic sound recording Transcript
22 produced by transcription service
23
24
ANGIE DePOMPO COURT REPORTING SERVICE
25 86 Kensico Street
Staten Island, New York 10306
(718) 667 -9484
2
1 INDEX
2 WITNESSES DIRECT CROSS
3 Michael Krichevsky 14(L)
4 Elena Svenson 19(L) 24(K)
5 Michael Krichevsky 25(L)
6
(L) YONATAN S. LEVORITZ, ESQ.
7
(K) MICHAEL KRICHEVSKY
8
9
10 EXHIBITS
11
PETITIONER'S DESCRIPTION I.D. IN EV
12
Exhibit Invoice 20
13
14
15
16
17
18
19
20
21
22
23
24
25
Angie DePompo Court Reporting Service

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Proceedings 4
1 VOICE: Thank you, parties. Have a seat.
2 THE COURT: And good afternoon. First, my
3 apologies. I did put this down for 2:00 o'clock here, and
4 unfortunately, we got caught up in other matters. A lot
5 more people showed up today than I anticipated, so, we are
6 calling it kind of late.
7 But, sir, what happened to your attorney?
MR. KRICHEVSKY: I can't afford one.
9 THE COURT: So, you're going to be representing

10 yourself from now on?
11 MR. KRICHEVSKY: Yes.
12 THE COURT: All right. Your attorney really
13 needed to request Court's permission, sir, to be excused.
14 I don't have any motion from him.
15 Counsel, is this your first information that
16 opposing counsel isn't involved anymore?
17 MR. LEVORITZ: No. I received a Substitution of
18 Counsel, stating the Mr. Krichevsky is going to be pro se.
19 I do have a copy of the Substitution of Counsel,
20 and I assumed that it would be filed with the Court.
21 THE COURT: You do?
22 MR. LEVORITZ: Yes. If Your Honor would like me
23 to hand up my copy.
24 THE COURT: I mean, there is a lot here. I
25 didn't notice it, but --

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Proceedings 5
1! MR. LEVORITZ: It's okay, Your Honor, I have a
2 copy right here if Your Honor would like. It's actually
3' notarized by Mr. Singer, who is outgoing counsel, signed
4 by Mr. Krichevsky as appearing pro se as the respondent in
5 this matter.
6 THE COURT: Let me take a look at that quickly.
7 Apparently, it was agreed upon by counsel that
8 Mr. Singer would be withdrawing as the gentleman's
9 attorney.
10 I can keep this for the file, counsel?
11 MR. LEVORITZ: I don't need a copy, Your Honor.
12 It's fine.
13 THE COURT: Yes, okay, then I will include it,
14 just so the record is clear.
15 Let me see where we were. All right. My notes
16 indicate that we were on for continued hearing. I recall
17 that we were --
18 I recall that we were -- well, the Court was
19 hearing testimony. I think the gentleman was testifying,
20 if I'm not mistaken.
21 MR. LEVORITZ: He was, Your Honor. It was a
22 little bit before lunch that we finished up. Then we came
23 back after lunch and we adjourned the matter.
24 THE COURT: Right.
25 MR. LEVORITZ: I was in the process of having

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Proceedings 6
1 five more minutes of examination of the gentleman, and
2 that was it. Then we were supposed to, I believe, move on
3 to medical issues and wrap it up.
4 THE COURT: What medical issues, counsel?
5 MR. LEVORITZ: Your Honor wanted to address just
6 the economics and the finances first, in terms of basic
7 child support, and then Your Honor said I can address a
8 few questions regarding some of the medical expenses that
9 have been incurred since commencement, and the issue of
10 medical insurance, and Your Honor said you want to deal
11 with that separately at the end.
12 THE COURT: Right. For some reason, I can't
13 locate my hearing notes.
14 VOICE: What are you looking for?
15 THE COURT: My hearing notes. Well, you would
16 know.
17 VOICE: I don't remember.
18 THE COURT: You don't remember. All right, but
19 in any event, -
20 MR. LEVORITZ: Does Your Honor want me to order
21 a copy of the transcript?
22 THE COURT: No.
23 MR. LEVORITZ: No?
24 VOICE: (Inaudible) is over here.
25 THE COURT: Yes, I know. It wouldn't be in

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Proceedings 7
1 there though. At least it shouldn't be in there. Let me
2 just take a look at what I have.
3 All right. Well, Mr. Krichevsky, since you are
4 representing yourself now, was there something -- you
5 could have a seat -- was there something additional that
6 you waned to tell me about your own finances, your own
7 income?
8 MR. KRICHEVSKY: I do.
9 THE COURT: What is that?
10 MR. KRICHEVSKY: Actually, I have some documents
11 I would like to admit.
12 THE COURT: What do you want to admit?
13 MR. KRICHEVSKY: Well, I found smoking gun.
14 THE COURT: You found a smoking gun?
15 MR. KRICHEVSKY: Yes. Mr. Levoritz was --
16 THE COURT: Regarding your income?
17 MR. KRICHEVSKY: -- accusing me of being corrupt
18 -- of Mr. Wittenstein being corrupt.
19 THE COURT: My question is asked to your income.
20 I'm still trying to determine both your and Ms. Svenson's
21 income.
22 Do you have anything additional that you want to
23 show me, testify to as to your earnings?
24 MR. KRICHEVSKY: Yes. I have my W-2 from 2006,
25 where I made $44,000.00. I didn't have to hide it. I

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Proceedings 8
1 didn't have to manipulate company.
2 THE COURT: Well, that's only one W-2, sir. Do
3 you have a tax return?
4 MR. KRICHEVSKY: And I have another one for
5 2009, $5,600.00 (sic).
6 THE COURT: You already have your 2009 W-2?
7 MR. KRICHEVSKY: Yes. So, in 2006, I made even
8 less money than I made in 2009, and I didn't have any
9 reason to manipulate, to hide, to whatever attorney
10 accused me of doing.
11 THE COURT: Well, everybody has a reason, sir.
12 You could have seat, please.
13 MR. LEVORITZ: Your Honor, I would like copies
14 of what was just handed up.
15 THE COURT: Well, the only thing I'm looking at
16 -- do you have copies for the gentleman -- for counsel?
17 2006 and 2009 W-2's, Wittenstein & Associates. 2006
18 income reported at $44,500.00. 2009 reported at
19 $56,000.00 even.
20 MR. KRICHEVSKY: Another thing I would like to
21 admit.
22 MR. LEVORITZ: Your Honor, I am going to object
23 to these on numerous basis, as soon as we get to the
24 evidentiary matters.
25 THE COURT: Well, the gentleman is just showing

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Proceedings a
1 me stuff at this point, but
2 MR. LEVORITZ: Showing the Court stuff without
3 it being admitted into evidence, I've got a little bit of
4 an issue with. Let the record reflect that.
5 THE COURT: What is this supposed to show me,
6 sir?
7 MR. KRICHEVSKY: This is from company called
8 Salary.com . Basically, this printout shows that 900 of
9 the managing paralegals in Brooklyn making on average
10 $160,000.00.
11 So, this accusation about --
12 THE COURT: Yes, but this doesn't have anything
13 to do with you, sir, specifically, and this isn't an
14 official government report.
15 MR. KRICHEVSKY: No. You asked me how come I
16 make over the hundred.
17 THE COURT: Sir, can you do me a favor.
18 Everybody -- I want everybody to just have a seat.
19 MR. KRICHEVSKY: Yes. So, I'm not alone with
20 making that much or was making that much.
21 MR. LEVORITZ: I'm going to ask that all
22 statements be stricken with regard to what other people
23 are doing.
24 THE COURT: Well, I can't go back and erase the
25 case, counsel.

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Proceedings 10
1 MR. LEVORITZ: Your Honor can strike it as part
of his testimony, even though his case was actually closed
3 and we were on cross-examination, but (inaudible)
4 procedure.
5 MR. KRICHEVSKY: And I'm not done.
6 THE COURT: All right.
7 MR. KRICHEVSKY: Your Honor, I'm not done.
THE COURT: We're starting to get a little bit
9 far afield. The only thing I really wanted to do is see
10 if the gentleman had, something additional that he wanted
11 to tell me now that he was representing himself. I think
12 we are getting a little bit far afield of normal Court
13 procedure.
14 MR. KRICHEVSKY: And the last one.
15 THE COURT: The last what?
16 MR. KRICHEVSKY: One I want to admit, subpoena
17 for her sister that we served.
18 THE COURT: Why do I need that? Sir, will you
19 have a seat, please.
20 MR. KRICHEVSKY: I just
21 THE COURT: Just have a seat.
22 MR. KRICHEVSKY: All right.
23 THE COURT: Why do I need a subpoena?
24 MR. KRICHEVSKY: I would like to examine her
25 sister because I think that the petitioner was lying about

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Proceedings 11
1 income, about borrowing money and so on.
2 THE COURT: Well, --
3 MR. LEVORITZ: The Court may recall, my client's
4 sister lives in Germany. She was here to visit for
5 roughly about a week, and it was the fourteen-year-old
6 child who was served with the subpoena after my client's
7 sister left for the airport and was flying back to
8i Germany.
9 Your Honor also indicated there would not' be any
10 discovery in this matter, closed discovery --
11 THE COURT: Well, certainly not third party
12 discovery, and I don't really see what the sister's
13 testimony has to do with anything. So, hold onto the
14 subpoena.
15 All right, but, Mr. Levoritz, you're objecting
16 to the admission of the 2009 and 2006 W-2's?
17 MR. LEVORITZ: Yes, I am, Your Honor.
18 THE COURT: What would the basis for the
19 objection be?
20 MR. LEVORITZ: The last time we were here, Your
21 Honor, the respondent, number one, did not certify
22 business records, CPLR 4518.
23 Number two, proper foundation, again, 4518 and
24 3121 and 3122 of the CPLR.
25 The next issue, Your Honor, my client admitted

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Proceedings 12
1 to the fact that he had a lot to do with the business
2 records at this particular business the last time we were
3 here. In fact, Your Honor actually questioned him
4 regarding his involvement with the bookkeeper and how the
5 books were being managed in this particular firm.
6 He also admitted back in 2008, he earned in
7 excess of $300,000.00, and all of the other W-2's and all
8 of the other full tax returns that we had in our
9 possession indicate income ranging between $160,000.00 and
10 $184,000.00.
11 Taking those issues all together, I do not
12 believe that these are true and accurate copies which
13 would have to be demonstrated in order to admit them into
14 evidence. That's number one.
15 Number two, it's absolutely amazing how a W-2
16 has been issued for 2009 in the past couple of days, when
17 most people don't even get their W-2's till late January,
18 going into February and March. This document could have
19 been printed on any computer -- could have been printed on
20 any computer, let alone his home computer, let alone the
21 fact that, again, he manages the firm. He appears
22 regularly in Court.
23 Up until the last Court appearance, he was
24 driving a $60,000.00 or $70,000.00 BMW. He was on lawyer
25 number three. Now, he's fired lawyer number three.

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Proceedings 13
1 THE COURT: That's getting a little far afield
2 as well, counsel, but I do find merit in your objection on
3 the basis that they're not properly served by his business
4 records.
5 And I'm somewhat amazed, sir, that on January
6 6th, you already do have your 2009 W-2.
7 MR. KRICHEVSKY: May I respond to what he just
8 said about --
9 THE COURT: You don't have to because I made my
10 decision.
11 MR. KRICHEVSKY: Can I object to whatever he
12 entered, the document that was from me --
13 THE COURT: Something tells me that everybody is
14 going to objecting to --
15 MR. KRICHEVSKY: -- that I printed on the
16 computer.
17 THE COURT: -- whatever anybody says. So, why
18 don't we just note a standing objection to whatever is
19 said by anybody. We can save time that way.
20 All right. Counsel, you wanted to proceed on
21 the other issues you mentioned?
22 MR. LEVORITZ: Yes. I was supposed to have
23 literally five more questions on finances, Your Honor, if
24 not, I'll --
25 THE COURT: Directed to Mr. Krichevsky?

(718) 667-9484
M. Krichevsky/Cross 14
1 MR. LEVORITZ: That's correct.
2 THE COURT: All right. So, I just want to
3 remind you that you are still under oath. You are sworn
4 to tell the truth.
5 Go ahead, counsel.
6 CROSS-EXAMINATION BY
7 MR. LEVORITZ:
8 Q. Mr. Krichevsky, the house located at 4221 Atlantic
9 Avenue is on the market to be sold; correct?
10 A. No.
11 Q. You are not advertising that property under a company
12 called Dream Properties; is that correct?
13 A. No.
14 THE COURT: I'm sorry, what is the name of that
15 company?
16 MR. LEVORITZ: Dream Properties.
17 THE COURT: Drim?
18 MR. LEVORITZ: Dream, D-R-E-A-M, Properties.
19 THE COURT: What is the address of the property,
20 again?
21 MR. LEVORITZ: 4221 Atlantic Avenue.
22 Q. Isn't it true that construction is now basically
23 complete at the 4221 Atlantic Avenue property?
24 A. Not true.
25 MR. LEVORITZ: That's all my questions regarding

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Proceeding 15
1 that particular property, and that would close my case as
2 to basic finances, Your Honor.
3 THE COURT: Okay. All right. So, we kind of
4 had the gentleman's rebuttal testimony, I guess.
5 Sir, your testimony here today, sworn to tell
6 the truth under oath, is that the W-2 that you're showing
7 me that has not been admitted by the way, but you only
8 earned about $56,000.00 last year all together?
9 MR. KRICHEVSKY: I have original. I made
10 copies, but I have original. I need to retain to send it.
11 I have original, but the thing is --
12 THE COURT: Well, it's not the original that
13 matters. It has to be certified by a business record by
14 whoever prepared it.
15 MR. KRICHEVSKY: Whatever they stole from me and
16 that's certified copies. As far as I'm concerned, they
17 could print it on their computer and show it to you, okay.
18 They're not certified either.
19 THE COURT: But, sir, sir, sir, what are you

20 talking about? I just asked you, did you --
21 MR. KRICHEVSKY: They talking about my --
22 THE COURT: -- earn about $56,000.00 last year.
23 MR. KRICHEVSKY: No, no, what I'm saying is,
24 they talking about 2005 W-2.
25 THE COURT: Well, can you forget that for the

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Proceeding 16
1 time being. Last year, do you have any personal knowledge
2 as to exactly how much you earned?
3 MR. KRICHEVSKY: For the last year?
4 THE COURT: Last year, 2009.
5 MR. KRICHEVSKY: $56 -- whatever on this
6 THE COURT: $56,000.00 even?
7 MR. KRICHEVSKY: And by the way, I asked to
8 prepare it for me personally. I knew I'm going to appear.
9 I knew this is going to come up. So, I just begged the
10 person to do it for me, yes.
11 THE COURT: Yes, but, sir, that somewhat
12 suggests --
13 MR. KRICHEVSKY: What's wrong with it?
14 THE COURT: That somewhat suggests that you have
15 influence over how these documents are prepared.
16 MR. KRICHEVSKY: Influence. We have five people
17 in company.
18 THE COURT: What's that?
19 MR. KRICHEVSKY: There are five people working
20 in the company.
21 THE COURT: Yes.
22 MR. KRICHEVSKY: So, if I ask someone, could you
23 do it for me, I need it for the January 5th appearance --
24 THE COURT: And, counsel's point, though, sir,
25 is that if you told them, can you show only $56,000.00 in

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Proceeding 17
1 income, would you do it for me, that they would do that as
2 well. That's what he's suggesting.
3 MR. KRICHEVSKY: I know. I know it's a
4 slanderous accusation. That's why -- that's why I --
S THE COURT: Possibly, but there is no --
6 MR. KRICHEVSKY: That's why I brought for you --
7 THE COURT: That's not what this is about. The
8 bottom line, though, sir, is that it's not properly
9 certified as a business record. There are ways -- and you
10 work for the law firm, there are ways these things are
11 done.
12 MR. KRICHEVSKY: I didn't have chance, and you -
13
14 THE COURT: Well, you can't do it anyway.
15 MR. KRICHEVSKY: Look, you said, it's going to
16' be 5th. I didn't want to make any adjournments. You said
17 we're tired from adjournments, trial is going on. I did
18 my best.
19 THE COURT: All right, but anything else, sir,
20 that you want to tell me about your income, let's put it
21 that way?
22 MR. KRICHEVSKY: I'm done.
23 THE COURT: You're done.
24 MR. KRICHEVSKY: I just wanted to emphasize, in
25 2006, I didn't have to hide anything. I didn't have to

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Proceeding 18
1 ask influence anybody to make it $44,000.00. That's my
2 point. I was not hiding from anybody. There was no
3 THE COURT: Well, I've heard you say that.
4 MR. KRICHEVSKY: What?
5 THE COURT: I've heard you say that, but
6 anything else you want to tell me at all?
7 MR. KRICHEVSKY: That's it.
8 THE COURT: That's it, okay.
9 MR. LEVORITZ: Your Honor, --
10 THE COURT: Yes, sir.
11 MR. LEVORITZ: -- his Affidavit of Net Worth has
12 in excess of $200,000.00 in annual expenses. If he claims
13 he made $56,000.00, he spent roughly four times that
14 amount, not including what he spent on constructing the
15 two-family house --
16 THE COURT: Well, that's an argument that's more
17 appropriately made, counsel, during closing --
18 MR. KRICHEVSKY: How do you know how much I
19 spent?
20 THE COURT: Sir, will you stop that.
21 Counsel, how do you want to proceed on the other
22 issues?
23 MR. LEVORITZ: A few basic questions to my
24 client, Your Honor, regarding some of the medical expenses
25 that have been incurred regarding to the child's dental.

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E. Svenson/Direct
1 THE COURT: Since the filing date of the
2 petition?
3 MR. LEVORITZ: The filing date of the petition,
4 yes.
5 THE COURT: All right. Ma'am, I would remind
6 you that you swore to tell the truth under oath as well.
71 MS. SVENSON: Yes.
8 THE COURT: Go ahead, counsel.
9 DIRECT EXAMINATION BY
10 MR. LEVORITZ:
11 Q. Ms. Svenson, who covered your child, David Svenson,
12 under their health insurance policy until March -- until April
13 of 2009?
14 A. April, 2009?
15 Q. Yes. Until April, 2009, who covered your child for
16 health insurance?
17 A. Nobody.
18 THE COURT: There was no health insurance?
19 THE WITNESS: No. Until February, 2009, it was
20
21 Q. Who covered your child until February, 2009?
22 A. Mr. Krichevsky.
23 Q. What plan was that?
24 A. Health -- Oxford Health Insurance.
25 Q. He provided that health insurance -- withdrawn.

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E. Svenson/Direct 20
1 What type of policy was it?
2 A. Everything except dental.
3 Q. Everything except dental. Did it cover eyeglasses?
4 A. Yes.
5 Q. Since -- on or about June 30th, 2009, did you take
6 your child to an endodontist?
7 A. Yes.
8 Q. Which endodontist did you take him to?
9 A. He needs root canal, and it was very difficult roots
10 who had four roots.
11 Q. Do you recall the exact date you took him for the
12 root canal?
13 A. Yes.
14 Q. What date was that?
15 A. It was -- it was in July, somewhere in the middle of
16 July.
17 MR. LEVORITZ: Your Honor, can we mark it for
18 identification, the actual invoice?
19 THE COURT: I'll mark it as Petitioner's exhibit
20 until I locate my notes. I'm not going to give it a
21 designation.
22 (Whereupon, an invoice was marked as
23 Petitioner's Exhibit for identification, as of this date.)
24 THE COURT: Do you want to show this to your
25 client, counsel?

(718) 667-9484
1 MR. LEVORITZ: Yes, please, Your Honor.
2 THE COURT: This was marked for identification
3 only. Show it to the witness.
4 You said an endodontist?
5 MR. LEVORITZ: An endodontist, yes.
6 MR. KRICHEVSKY: Is this certified?
7 MR. LEVORITZ: We'll get to that.
8 THE COURT: It hasn't been offered yet.
9 Q. Ms. Svenson, how much money did -- withdrawn.
10 THE COURT: Ma'am, actually, you can't -- well,
11 you could read -- let me just caution you. You can't read
12 from the document. It's not in evidence. When counsel
13 asks you a question, you can refer to it if you need to
14 refresh your recollection, but I don't want you reading
15 from the document, okay.
16 Q. Is this a true and accurate copy of the receipt that
17 you received from the endodontist?
18 A. Yes.
19 THE COURT: He's asking is that what you
20 received.
21 A. Yes.
22 Q. Ms. Svenson, if you can recall, how much money did
23 you spend on the endodontist for David's root canal?
24 A. About $3,500.00.
25 Q. Are you sure about that?

(718) 667-9484
1 A. Yes.
2 Q. How did you pay him?
3 A. Cash.
4 Q. Why did you pay him in cash?
5 A. I don't have credit cards. I don't have bank
6 account.
7 Q. Where did you get the money from?
8 A. From my sister.
9 Q. Did you take David for any other medical treatments
10 since this process has started?
11 A. Yes. I took him to -- he needs to go to pediatric,
12 twice, but I didn't pay yet.
13 THE COURT: The pediatric?
14 THE WITNESS: Yes, the pediatric. He's still in
15 pediatrician.
16 Q. How much would the bill for that be?
17 A. $140.00.
18 THE COURT: Well, you're speculating, ma'am? He
19 didn't see the doctor.
20 THE WITNESS: Yes, he was by doctor, but I
21 didn't pay --
22 THE COURT: He saw the doctor?
23 THE WITNESS: Yes.
24 MR. LEVORITZ: She hasn't paid the bill yet.
25 THE WITNESS: I didn't pay yet.

(718) 667-9484
1 THE COURT: All right --

2 THE WITNESS: Bill, I didn't pay.
3 THE COURT: So, he saw the doctor twice, --
4 THE WITNESS: Yes.
5 THE COURT: -- and you were billed twice, but
6 you can't afford to pay it.
7 THE WITNESS: No.

8 THE COURT: And you owe $140.00?
9 THE WITNESS: Yes.
10 THE COURT: Okay.
11 Q. If David would have had his health insurance, how
12 much would it have cost you to take him to the pediatrician?
13 A. Just for checkup, $100.00.
14 THE COURT: Your co-pay would have been $100.00?

15 THE WITNESS: Without the health insurance,
16 $100.00 --
17 THE COURT: With the insurance.
18 Q. With the insurance.
19 A. With insurance, $25.00.
20 THE COURT: $25.00 per visit?

21 THE WITNESS: Um-hm.
22 Q. How much would a prescription cost when you had the
23 health insurance?
24 A. It depend. It can be $30.00, $40.00.
25 Q. Per prescription?

(718) 667-9484
E. Svenson/Cross 24
1 A. Yes.
2 Q. With the insurance?
3 A. With insurance.
4 MR. LEVORITZ: I have no further questions
5 regarding this matter.
6 THE COURT: Okay.
7 MR. LEVORITZ: I do have one or two questions
8 regarding the health insurance issue from the respondent
9 after cross-examination.
10 THE COURT: You want to examine the gentleman?
11 MR. LEVORITZ: Yes, Your Honor.
12 THE COURT: Okay. Well, sir, the testimony was
13 very brief. Do you have any questions for Ms. Svenson
14 based on what she testified to on direct examination?
15 MR. KRICHEVSKY: I do.
16 THE COURT: Feel free.
17 CROSS-EXAMINATION BY
18 MR. KRICHEVSKY:
19 Q. Ms. Svenson, when you had --
20 THE COURT: I just want to caution you, sir, you
21 have to limit your questions to what she just testified
22 to, nothing else, okay.
23 MR. KRICHEVSKY: Okay, then I'm fine with that.
24 THE COURT: You have no questions?
25 MR. KRICHEVSKY: Regarding we're talking about

(718) 667-9484
M. Krichevsky/Direct 25
1 this bill?
2 THE COURT: About the bill, yes.
3 MR. KRICHEVSKY: Yes. No questions.
4 THE COURT: Okay. All right, counsel.
5 DIRECT EXAMINATION BY
6 MR. LEVORITZ:
7 Q. Mr. Krichevsky, isn't it true that you covered David
8 under an Oxford Health Insurance plan until roughly March of --
9 actually, February of 2009?
10 A. Not true.
11 Q. When did you cover him until?
12 A. I didn't cover. It's a company, as a benefit,
13 provided for me coverage. So, I personally did not cover.
14 Q. So, you, through your company, covered David on his
15 health insurance --
16 A. Not my company. It's not my company.
17 THE COURT: Sir, --
18 A. It's a benefit of the company.
19 THE COURT: -- you had health insurance coverage
20
21 MR. KRICHEVSKY: I had --
22 THE COURT: -- through February?
23 MR. KRICHEVSKY: What?
24 THE COURT: You had health insurance coverage
25 through February?

(718) 667-9484
M. Krichevsky/Direct 26
1 MR. KRICHEVSKY: I'm not sure. Okay, we were
2 talking about it. Let me tell you the story.
3 THE COURT: I don't want stories.
4 MR. KRICHEVSKY: I don't know when --
5 THE COURT: You had health insurance coverage at
6 one time.
7 MR. KRICHEVSKY: There was -- there was health
8 insurance coverage at one time.
9 THE COURT: And you had David covered on your
10 insurance.
11 MR. KRICHEVSKY: And her.
12 THE COURT: Both.
13 MR. KRICHEVSKY: I had family plan.
14 THE COURT: But you're not married. So, I don't
15 know how that worked out, but --
16 MR. KRICHEVSKY: But that's how it was.
17 THE COURT: But your son was covered?
19 THE COURT: And at some point, your insurance
20 lapsed?
21 MR. KRICHEVSKY: No.
22 THE COURT: What happened?
23 MR. KRICHEVSKY: At some point, Ms. Svenson came
24 to my boss and started thrashing me, and told him that we
25 are not married, and this whole thing came up, and Mr.

(718) 667-9484
Proceeding 27
1 Wittenstein called me up, and basically, I didn't want to
2 -- he assumed that we married. When I got this insurance
4 THE COURT: But, sir, that would only regard her
5 coverage.
6 MR. KRICHEVSKY: No, no, I'm explaining you what
7 happened.
8 THE COURT: Just tell me about your son. What
9 happened to his coverage?
10 MR. KRICHEVSKY: I'm telling you. He said,
11 since you're single, okay, and I need to cut expenses, I'm
12 just going to provide only for yourself. That's what he
13 did.
14 THE COURT: All right, counsel, go ahead.
15 Q. But you still have health insurance through that same
16 policy; correct?
17 A. I do. I have, but I have single coverage.
18 Q. And David was cancelled during the course of this
19 proceeding; correct, back in February; right?
20 A. I don't remember exactly, but somewhere -- somewhere
21 about this time.
22 MR. LEVORITZ: No further questions, Your Honor.
23 THE COURT: Anything else you want to tell me
24 about the health insurance coverage, sir?
25 MR. KRICHEVSKY: Me?

(718) 667-9484
Proceeding 28
1 THE COURT: Um-hm.
2 MR. KRICHEVSKY: Basically, the fact that when
3 this whole thing started, I didn't tell anything Mr.
4 Wittenstein because I didn't want to be embarrassed, and
5 they were covered.
6 She started this procedure in September, okay,
7 and then when she came, this whole thing unraveled, and I
8 have nothing to do with it.
9 THE COURT: Well, I mean, number one, I don't
10 know if your employer has the legal capacity to withdraw
11 coverage --
12 MR. KRICHEVSKY: I don't know either.
13 THE COURT: -- once it's in place.
14 MR. KRICHEVSKY: I don't know either.
15 THE COURT: I mean, I don't know why he put the
16 child on to begin with if you hadn't been identified or
17 named the child's father legally. That didn't happen
18 until the Order of Affiliation was entered here relatively
19 recently.
20 MR. KRICHEVSKY: Can I just clarify myself?
21 VOICE: His name was on the birth certificate, I
22 believe.
23 MR. LEVORITZ: In addition, he was claiming both
24 of them as dependents, Your Honor. If you look through
25 the past tax returns, my client and the child were

(718) 667-9484
Proceeding 29
1 declared as dependents every single year they lived
2 together.
3 THE COURT: Well, that he can possibly do, I
4 don't know, but the bottom line --
5 MR. KRICHEVSKY: Your Honor, --
6 MR. LEVORITZ: (Inaudible) as the partner.
7 MR. KRICHEVSKY: Your Honor, can I clarify,
8 maybe I was not clear.
9 When this insurance was obtained, my boss
10 assumed that we are married. He never asked for any --
11 THE COURT: Why would your boss assume you were
12 married, sir, unless you told him you were?
13 MR. KRICHEVSKY: Because we acted -- we acted
14 like that.
15 THE COURT: And maybe you told him you were
16 married to get Ms. Svenson and your son on the health
17 insurance; no?
18 MR. KRICHEVSKY: You know, actually, I don't
19 remember when it happened and what I told him really. It
20 was like many years ago.
21 THE COURT: All right, but in any event, --
22 MR. LEVORITZ: Your Honor, --
23 THE COURT: -- think I've heard enough about the
24 health insurance.
25 THE COURT: What, counsel?

(718) 667-9484
Proceeding 30
1 MR. LEVORITZ: He covered David for roughly ten
2 years. Since the time David was an infant, he covered him
3 on this particular health insurance policy. This is not a
4 new thing. It only happened six months into this
5 proceeding. All of a sudden, six months into the
6 proceeding -- in fact, just a week after he retained his
7 third attorney, that's when it was cancelled. Not by the
8 first attorney, not by the second attorney, third
9 attorney, middle of the motion practice, then the
10 insurance was cancelled.
11 THE COURT: Well, I take it, counsel, you want
12 me to order the gentleman to reinstate the coverage for
13 David.
14 MR. LEVORITZ: Yes, Your Honor.
15 THE COURT: All right. Anything else that you
16 want to present on your client's direct case, counsel?
17 MR. LEVORITZ: No, Your Honor.
18 THE COURT: Sir, you already tried to introduce
19 documents, you said that was it. Anything else you want
20 to tell me about what you should be paying in child
21 support here?
22 MR. KRICHEVSKY: Yes. First of all, --
23 THE COURT: Really quick.
24 MR. KRICHEVSKY: -- because it was not
25 cancelled. It was not renewed. Health insurance coverage

(718) 667-9484
Proceeding 31
1 was not renewed.
2 THE COURT: Let's put it this way, sir, --
3 MR. KRICHEVSKY: Not all of a sudden.
4 THE COURT: -- I do have the ability to order
5 you to provide coverage if it's available through your
6 job, but go ahead.
7 MR. KRICHEVSKY: I just clarified. It's not
8 cancelled, it was not renewed.
9 THE COURT: Regardless, sir, the child needs
10 coverage. If you have it available, in all likelihood,
11 you will be ordered to provide it, and your employer can't
12 ignore that, but go ahead.
13 MR. KRICHEVSKY: I guess I'm don't with this
14 coverage. All I can add is that if child needs coverage,
15 why wouldn't she at least get temporary Child Plus. I was
16 trying to get it. Honestly, I was trying to get it. I
17 went --
18 THE COURT: But, honestly, if you have insurance
19 through a job, why should she get Child Health Plus?
20 MR. KRICHEVSKY: With this question, you should
21 talk to my boss.
22 THE COURT: No, I'm talking to you since you
23 raised it? Why should the taxpayers have to provide
24 health insurance when it's being provided to you by your
25 employer?

(718) 667-9484
Proceeding 32
1 MR. KRICHEVSKY: I am paying taxes, by the way.
2 THE COURT: Everybody in this room is paying
3 taxes, sir, but what's your point.
4 MR. KRICHEVSKY: So, why should I be doubled
5 taxes, if that's the case?
6 THE COURT: Because you have coverage through a
7 job.
8 MR. KRICHEVSKY: Look, I'm arrogant about this.
9 I don't know. I'm ignorant. I don't know what to say.
10 I'm not -- I'm not --
11 THE COURT: I am telling you, sir, that in all
12 likelihood, I will order to reinstate coverage, and your
13 employer has to comply.
14 All right. Anything you want to add on closing,
15 Mr. Levoritz?
16 MR. LEVORITZ: No. I'll rest on the documents
17 that were admitted previously.
18 The gentleman made an average of $200,000.00 a
19 year. We admitted into evidence titles and deeds and
20 mortgages regarding a two-family house. He testified to
21 his BMW. He testified to his statement -- his Financial
22 Disclosure Affidavit. On average, roughly $200,000.00 per
23 year in income, not including the fact that we did not,
24 unfortunately, have discovery on what he was spending on
25 his contractors, the fact that he had a working crew of

(718) 667-9484
Proceeding 33
1 five to ten people working on a building, has a sign
2 outside the property saying, Dream Properties, on it, with
3 his cell phone, which we all went through the last time,
4 Your Honor.
5 All these things have been addressed during the
6 course of the proceeding, and we addressed them.
7 Thank you, Your Honor.
8 THE COURT: Thank you, counsel.
9 All right, then what I'm going to do is reserve
10 decision. I do have to locate my notes. I want to go
11 through what is in the file. There is a lot of
12 documentation here.
13 The Temporary Order of Support will continue,
14 pending my decision, but it won't be that long. I'm going
15 to render a decision relatively soon.
16 MR. KRICHEVSKY: I'd like to --
17 THE COURT: Are you paying the $627.00 per
18 month, sir, that I ordered back in August?
20 THE COURT: You are? Your client is receiving
21 that?
22 MR. LEVORITZ: Yes.
23 THE COURT: Okay, then we're good.
24 All right, then everybody leave an envelope,
25 name and home address.

(718) 667-9484
Proceeding 34
1 Counsel, if you want --
2 MR. KRICHEVSKY: I need to say something.
3 THE COURT: -- a separate copy --
4 MR. KRICHEVSKY: I need --
5 THE COURT: What?
6 MR. KRICHEVSKY: -- to address another issue.
7 THE COURT: What is that? Really quickly, sir.
8 MR. KRICHEVSKY: Petitioner is saying she needs
9 more child support, child needs coverage. Here is the
10 newspaper, Russian newspaper. She used to work as a home
11 attendant. Here, they're begging people to come to work.
12 They're going to pay for overtime. They're going to pay
13 for her training if she wants to go to college. She
14 claims that she goes to college, that's why she doesn't
15 work. She's going to be member of 1199. She's going to
16 get very nice health insurance. They're going to do
17 everything.
18 THE COURT: Yes, but, sir, it sounds to me like
19 you're telling me that she should do more and you should
20 do less.
21 MR. KRICHEVSKY: No, no. She doesn't do
22 anything, okay.
23 THE COURT: Well, that's not true. She has the
24 child in the home.
25 MR. KRICHEVSKY: But she doesn't work.
Angie DePompo Court Reporting. Service

(718) 667-9484
Proceeding 35
1 THE COURT: And you do not think raising a child
2 is work?
3 MR. KRICHEVSKY: I don't think so, not in this
4 years, not in this age.
5 THE COURT: You don't think teenagers are a lot
6 of work?
7 MR. KRICHEVSKY: I don't think I should be like
8 slave of working for somebody. You know, this is
9 communist mentally that she's entitled to everything I
10 have.
11 THE COURT: Sir, I don't know about what
12 mentality anybody has, but every parent, both parents are
13 required to work up to their ability to support their
14 child. If you want to look --
15 MR. KRICHEVSKY: I think she is able. She's not
16 willing. She's --
17 THE COURT: Sir, sir. If you want to look at
18 that as being slave to your teenage son, then, fine, look
19 at it that way, but I don't take that view.
20 MR. KRICHEVSKY: I don't look that way.
21 THE COURT: All right. I'm closing the record.
22 Everybody will receive a copy of my order and findings,
23 and that's it.
24 Thank you.
25

(718) 667-9484
36
7 I, Dorothy Florentino, certify that the foregoing
8 transcript of proceedings in the Family Court, Kings County, of
9 Elena Svenson v. Michael Krichevsky, Index No. F-28901-08, was
10 prepared using the required transcription equipment and is a
11 true and accurate record of the proceedings.
12
13
14 Dorothy lorentino
15
Agency Name: ANGIE DePOMPO COURT
16 REPORTING SERVICE
86 Kensico Street
17 Staten Island, New York 10306
18
Date: September 21, 2010
19
20
21
22
23
24
25

(718) 667-9484

Transcript of Brooklyn Family Court Hearing - Slavery Begins, Part Iii

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11 FAMILY COURT OF THE STATE OF NEW YORK COPY

Angie DePompo Court Reporting Service

1 VOICE: Thank you, parties. Have a seat.

2 THE COURT: And good afternoon. First, my

4 unfortunately, we got caught up in other matters. A lot

5 more people showed up today than I anticipated, so, we are

6 calling it kind of late.

7 But, sir, what happened to your attorney?

MR. KRICHEVSKY: I can't afford one.

9 THE COURT: So, you're going to be representing

11 MR. KRICHEVSKY: Yes.

12 THE COURT: All right. Your attorney really

13 needed to request Court's permission, sir, to be excused.

14 I don't have any motion from him.

15 Counsel, is this your first information that

16 opposing counsel isn't involved anymore?

17 MR. LEVORITZ: No. I received a Substitution of

18 Counsel, stating the Mr. Krichevsky is going to be pro se.

19 I do have a copy of the Substitution of Counsel,

20 and I assumed that it would be filed with the Court.

21 THE COURT: You do?

22 MR. LEVORITZ: Yes. If Your Honor would like me

24 THE COURT: I mean, there is a lot here. I

25 didn't notice it, but --

Angie DePompo Court Reporting Service

1! MR. LEVORITZ: It's okay, Your Honor, I have a

2 copy right here if Your Honor would like. It's actually

3' notarized by Mr. Singer, who is outgoing counsel, signed

4 by Mr. Krichevsky as appearing pro se as the respondent in

6 THE COURT: Let me take a look at that quickly.

7 Apparently, it was agreed upon by counsel that

8 Mr. Singer would be withdrawing as the gentleman's

10 I can keep this for the file, counsel?

11 MR. LEVORITZ: I don't need a copy, Your Honor.

13 THE COURT: Yes, okay, then I will include it,

14 just so the record is clear.

15 Let me see where we were. All right. My notes

16 indicate that we were on for continued hearing. I recall

18 I recall that we were -- well, the Court was

19 hearing testimony. I think the gentleman was testifying,

20 if I'm not mistaken.

21 MR. LEVORITZ: He was, Your Honor. It was a

22 little bit before lunch that we finished up. Then we came

23 back after lunch and we adjourned the matter.

24 THE COURT: Right.

25 MR. LEVORITZ: I was in the process of having

Angie DePompo Court Reporting Service

1 five more minutes of examination of the gentleman, and

2 that was it. Then we were supposed to, I believe, move on

3 to medical issues and wrap it up.

4 THE COURT: What medical issues, counsel?

5 MR. LEVORITZ: Your Honor wanted to address just

6 the economics and the finances first, in terms of basic

7 child support, and then Your Honor said I can address a

8 few questions regarding some of the medical expenses that

9 have been incurred since commencement, and the issue of

10 medical insurance, and Your Honor said you want to deal

11 with that separately at the end.

12 THE COURT: Right. For some reason, I can't

13 locate my hearing notes.

14 VOICE: What are you looking for?

15 THE COURT: My hearing notes. Well, you would

17 VOICE: I don't remember.