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'Todd M. Alderman

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'Nicole Feder

'Michelle Gordon

' lames Gounelas

'Rosemarie Iaconis

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'Daniel M. Maunz

'Daniel A. McFaul, l r .

'Candice 8. Ratner

' lennifer Rocha

'Elaine C. Sabino

'Lee I. Sacket

' Keith I. Stevens

'Cherice P. Vanderhall

'Diane P. Whitfield

-1essica E. Zimmerman

>Of Counsel

>Counsel to the Firm

Horn@ I Ourfirm I PracticeGmups I Attorneys I New&Reswrc

Candice B. Ratner E * ~ e n d l I R 5 z d d x d

Ms. Ratner received her luris Doctorate from Hofstra

University School of Law in 2005 and her undergraduate

degree from Syracuse University in 2002.

Prior to her association with the Firm, Ms. Ratner litigated

cases with varied subject matter, including: banking, civil

rights, sexual harassment, age discrimination, retaliation,

restrictive covenants, breach of contract, construction law,

personal injury, legal malpractice and securities fraud.

Ms. Ratner now concentrates her practice in the

representation of attorneys. Her diverse background enables

her to better represent attorneys in the various subject

matters that arise in legal malpractice actions.

Ms. Ratner is a member of the Board of Directors of the

lewish Lawyers' Association of Nassau County and is active in

the Nassau County Bar Association, Committee on

L Professional Ethics.

She is admitted to practice before the Courts of the States of

New York and New lersey; the United States District Courts

for the Southern, Eastern and Northern Districts of New York;

and the United States District Court for the District of New

lersey.

Client's Rights I Client's Responsibilities I Terms of Use I Disclaimer I Attorney Advertising

Copyright 02008. L'Abbate, Balkan, Colavita & Contini, L.L.P. I The Web site was created by Lighthaus Design

Notice of Acceptance of Constitutions and of Oath of Office:

Candice B. Ratner, of L'ABBATE, BALKAN, COLAVITA & CONTINI, L.L.P, 1001 Franklin

Ave., Garden City, New York 11530, successor and assigns, d/b/a:

Candice B. Ratner, Esq.

Points of Law

1. Every person who finishes a law school swears the oath of attorney:

“I do solemnly swear that I will support, protect and defend the Constitution of the United

States; that I will do no falsehood, or consent that any be done in court and if I know of any I

will give knowledge thereof of the judges of the court, or some one of them, that it may be

reformed; I will not wittingly, willingly or knowingly promote, sue, or procure to be sued, any

false or unlawful suit, or give aid or consent to the same; I will delay no person for lucre or

malice, but will act in the office of attorney according to my best learning and discretion, with all

good fidelity as well to the court as to my client, so help me God.”

2. In pamphlet titled “Supreme Court of the State of New York Appellate Division: Second

Judicial Department”, subtitle “Orientation to the profession” it says about oath of office:

“Judiciary Law § 466, entitled "Attorney’s oath of office," states in relevant part that:

Each person, admitted as prescribed in this chapter must, upon his [or her] admission, take

the constitutional oath of office in open court, and subscribe the same in a roll or book, to

be kept in the office of the clerk of the appellate division of the supreme court for that

purpose. The text of the oath is set forth in § 1 of Article XIII of the New York State

Constitution, as follows:

I do solemnly swear (or affirm) that I will support the constitution of the United States,

and the constitution of the State of New York, and that I will faithfully discharge the

duties of the office of [attorney and counselor-at-law], according to the best of my ability.

3. It further states:

“Upon taking the oath, an applicant becomes an officer of the courts of the State of

New York. The formal title of the office is “Attorney and Counselor-at-Law.” An

office, in this sense, is a position of duty, trust, and authority, conferred by

governmental authority for a public purpose (Black’s, at 1115). In his or her role as

an attorney, the officer is one who is designated to transact business for another

(Black’s, at 138) and as a counselor-at-law, his or her role is to give legal advice

(Shorter Oxford English Dictionary [5th ed 2002], at 532).”

4. In Corpus Juris Secundum, 1980, section 4 written:

“Attorneys have: “...an obligation to the courts and to the public, not to the client, and

whenever the duties of his client conflict with those he owes as an officer of the court

in the administration of justice, the former must yield to the latter.”

5. 63C Am.Jur.2d, Public Officers and Employees, §247* “As expressed otherwise, the

powers delegated to a public officer are held in trust for the people and are to be

exercised on behalf of the government or of all citizens who may need the intervention

of the officer.

All contracts commence with an offer and only become binding upon acceptance. See:

Farnsworth on Contracts. Copyright 2004 by E. Allan Farnsworth, Third Edition, Aspen

Publishers, ISBN 0-7355-4605-5 (Vol. 1) 3.3. Fair use transcript attached.

The peoples' contracts being the Constitutions of the United States of America and The State of

New York and the mandated oath of office of the above named PUBLIC OFFICER, amounts to

nothing more than an offer of an intention to act or refrain from acting in a specified way

between the respective government and the private American people and for other purposes and

is binding only to those who choose to be subjected to it, i.e. PUBLIC OFFICERS.

Plaintiff states as a fact on the record, in affidavit form, that he has the authority to challenge any

person that purports to act for the government, in admittance and a default and further states once

they default that person’ stipulation constitutes an admission which “cannot be disregarded, the

person has lost their authority in the matter challenged and further actions become fraudulent at

which point in time, plaintiff has a right to regress as a Constitutional right, which is proved and

evidenced below:

“Whatever the form in which the government functions, anyone entering into an arrangement

with the government takes a risk of having to accurately ascertained that he who purports to act

for the government stays within the bounds of his authority, …even though the agent himself

may be unaware of the limitations upon his authority.” Federal Crop Insurance v. Merrill,

332 U.S. 380, 384 (1947) (emphasis added)

Be it known by these presents that I, Michael Krichevsky, Plaintiff, a competent natural man do

hereby choose to honor your offer and accept the alleged constitutions of the United States and

the state of New York and the mandated oath of office of the above designated public official,

Candice B. Ratner, Esquire, officer of the court. I accept your open and binding offer and

promise to form a firm and binding contract between the respective government and me in my

private capacity.

By my acceptance I reasonably require that in all of your actions as a court officer, as may, in

any way, pertain to Me, you will faithfully perform all of your promises and stay in honor within

the limitations of your ascribed constitutions, in your competency you will not create and

proceed with any ex parte conversations, unsubstantiated, unwarranted or unstated presumptions

or quasi contracts. You will administer justice, will not create meritless arguments, will seek and

act only the true facts and clearly tell the truth at all times, completely and unreserved at all times

and respect and unconditionally protect my secured rights of life, liberty, property and pursuit of

happiness.

Should this not be true then let the record be corrected or it will stand as truth.

Dated:

Brooklyn, New York

Michael Krichevsky, Pro Se, pursuant to 28 U.S.C. § 1746, under penalty of perjury

_________________________'s