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Notice of Acceptance of Constitutions and of Oath of Office: Nicholas Ratush, 299 Broadway, Suite 605, New York, NY 10007,

successor and assigns, d/b/a: Nicholas Ratush, 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 "Attorneys 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 (Blacks, at 1115). In his or her role as an attorney, the officer is one who is designated to transact business for another (Blacks, 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: 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, Nicholas Ratush, 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



Attaching to Notice of Acceptance of Constitutions and of Oath of Office

Farnsworth on Contracts, 02004 by E. Allan Farnsworth, Third Edition, Aspen Publishers, ISBN: 0-7355-4605-3 (Vol. 1) wwwsspenpublisherseom
3.3. Offer and Acceptance. The outward appearance of the agreement process, by which the parties satisfy the requirement of bargain imposed by the doctrine of consideration, varies widely according to the circumstances. It may, for example, involve face-to-face negotiations, an exchange of letters or facsimiles, a transaction between computers, or merely the perfunctory signing of a printed form supplied by the other party. Whatever the outward appearance, it is common to analyze the process in terms of two distinct steps: first, a manifestation of assent that is called an offer, made by one party (the offeror) to another (the offeree); and second, a manifestation of assent in response that is called an acceptance, made by the offeree to the offerer. Although courts apply this analysis on a case-by--case basis, depending on the circumstances, it gives a reassuring appearance of consistency. Meaning of offer What is an "offer'? It can be defined as a manifestation to another of assent to enter into a contract if the other manifests assent in return by some action, often a promise but sometimes a performance. By making an offer, the offerer thus confers upon the offeree the power to create a contact. An offer is nearly always a promise and, in a sense, the action (promise or performance) on which the offeror conditions the promise is the "price" of its becoming enforceable. Offer, then, is the name given to a promise that is conditional on some action by the promisee if the legal effect of the promisee's taking that action is to make the promise enforceable. Empowerment of the offeree to make the offeror's promise enforceable is thus the essence of an offer. Meaning of acceptance What is an 'acceptance'? It can be defined as the action (promise or performance) by the offeree that creates a contract (i.e., makes the offeror's promise enforceable). Acceptance, then, is the name given to the offeree's action if the legal effect of that action is to make the offeror's promise enforceable. Freedom to revoke offer Because of the requirement of mutuality of obligation, both parties are free to withdraw from negotiations until the moment when both are bound. This is the moment when the offeree accepts the offer. It therefore follows, as we shall see later in more detail, that the offeror Is free to revoke the offer at any time before acceptance. ---------------