Archdiocese Advised To Drop Case Against 19 Parishioners

By Theodore Kalmoukos - Special to The National Herald

BOSTON, Mass. – The attorneys representing the Greek Orthodox Archdiocese of America and the Transfiguration Church in Corona, New York sent letters advising the Archdiocese and the Transfiguration Church “to discontinue” the lawsuit against the group of 19 parishioners who had been banned from the Corona parish two years ago.

The stipulation of voluntary discontinuance of action “Against Certain Defendants” (Index No. 6356/05) states, “It is hereby stipulated and agreed, by and between the undersigned, the attorneys for all parties in the above-entitled action, that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person not a party herein has an interest in the subject matter of the action, the above-entitled action be, and the same hereby is, discontinued with prejudice against defendants Constantinos Lourdas, Eleftherios Martakis, Michael Papadopoulos, Demetrios Kakavas, Mary Nakis, Nikolaos Vrettos, Vasilios Vrosgos, Marianthi Kosmetatos, Constantinos Apostolidis, Sophia Lourdas, James Psaltakis, and Katina Damalas, and no other defendants. Pursuant to CPLR 3217(a)(2), this stipulation may be filed without further notice with the Clerk of Court. Dated: April 12, 2007. New York, New York. Profeta & Eisenstein by Jethro M. Elsenstein, Attorneys for Defendants. White and Case by Christopher J. Glamory, Attorneys for Plaintiff.”

The same attorneys sent a separate letter to six of the defendants stating the following: “Stipulation of Voluntary Discontinuance of Certain Claims whereas, Plaintiff Hellenic Orthodox Community Church of Corona and Suburbs – The Transfiguration of Christ – commenced this action on March 23, 2005 against Defendants Vasilios Livanos, Demetrios Spanos, Helen Apostolidis-Tilton, Fotios Mavrides, Evagoras Tziazas and Emmanuel Michalakis (Defendants), among others, asserting a First Cause of Action for Trespass, a Second Cause of Actions for Trespass to Chattels, and a Third Cause of Action for an Accounting; and whereas, the Transfiguration Church desires to discontinue the Second and Third Causes of Action, now therefore, it is hereby stipulated and agreed by and between the undersigned, the attorneys for all the parties in the above entitled action that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed, and no person, not a party herein, has an interest in the subject matter of the action, the Transfiguration Church’s claims for trespass to chattels, and an accounting (the Second and the Third Causes of Action) is hereby discontinued with prejudice against the Defendants.”

The whole issue started almost four years ago, when the Archdiocese dismissed the parish council, which consisted of the above-mentioned individuals, under the presidency of Vasilios Livanos. The group held parish council elections which violated the Uniform Parish Regulations and were in defiance of the Archbishop’s directive not to proceed. The group was then ordered to appear before Spiritual Court of the First Instance, and the penance of suspension of Eucharistic Communion and communion with their local parish was imposed upon them. They were also prohibited to worship in the Corona church, or to step onto Transfiguration School premises, where their children go to school, although they were allowed to attend church elsewhere.

At the same time, lawsuits were initiated against them in secular courts. At one point, Archbishop Demetrios of America sent them a letter asking them to register their repentance and request forgiveness in writing. Many of the defendants refused to sign such a letter, fearing that the Archdiocese would use it against them in the secular court.

The defendants filed counter lawsuits in order to defend and protect themselves, and requested depositions under oath from the priests of the Spiritual Court as they were preparing for the trial.

Both the Archdiocese and the defendants have spent hundreds of thousands of dollars in legal fees.

Due to the fact that the matter is currently pending in the legal system, some defendants with whom the Herald communicated declined comment. But the Herald has learned that the defendants’ counter lawsuits continue to be in effect.

The former priest of the Corona parish, Archimandrite Cleopas Strongylis, who was at the center of the controversy, was transferred to Holy Trinity Church in Lowell almost three years ago, and Rev. Nicholas Kouvaris was appointed pastor of the Corona church.

The punished members of the Corona parish have not received Holy Communion and have been allowed to worship in their local church since early 2005. In one instance, the Archdiocese prohibited one of the “fallen” faithful, Mr. Livanos, to attend the 40-day memorial prayer service of his closest friend. He was told by the Archdiocese to go to his friend’s grave with an assigned priest to pray.

At the same time, the Archbishop refuses to send Rev. Nicholas Katinas, the retired longtime pastor of Holy Trinity Church in Dallas, who has been accused of sexual misconduct against minors, before the Spiritual Court. Father Katinas was suspended from all the liturgical rights, but he continues to receive his pension from the Archdiocese. A lawsuit already has been filed by two of the alleged victims against Father Katinas personally, the Dallas parish, the Metropolis of Denver and the Archdiocese.