NYS Court Upholds Archdiocese

Published by The National Herald, June 3, 2005

BOSTON – The New York State Supreme Court of Queens County has upheld the decisions and actions taken by the Greek Orthodox Archdiocese concerning the longtime dispute at the Transfiguration Church in Corona, and has ordered the members of its dissolved parish to cease interacting with the parish and its priest, and to return the parish books and keys.

The decision signed by Justice Roger N. Rosengarten (with its decision Index Number 6356/05, dated May 20), states that "the Court finds that the actions of Archbishop Demetrios and Bishop Savas of Troas relating to this matter were within their hierarchical ecclesiastical authority, and the Court will not interfere," citing Pappas vs. Passias (271 AD2d 420) as a precedent.

The Court’s decision refers to the dismissal of the Corona parish council under the presidency of Basil Livanos on March 12, the non-recognition of the election of parish council held by Mr. Livanos and his supporters (despite the advanced notice of the Archdiocese not to pursue the election), as well as all the decisions of the Spiritual Court convened at the Archdiocese.

According the decision, the plaintiff is the Hellenic Orthodox Community Church of Corona and adjacent suburbs, and the defendants are Mr. Livanos, Fotios Mavrides, Demetrios Spanos, Helen Apostolides-Tilton, Evagoras Tziazas, Constantine Lourdas, Elefterios Martakis, Michael Papadopoulos, Demetrios Kakavas, Stavros Michael. Mary Nakis, Nicholas Vrettos, Vasilios Vroscos, Marianthi Cosmetatos, Emmanuel Michalakis, Constantine Apostolides, Sophia Lourdas, James Psaltakis and Katina Damalas.

The Court decision states the above-mentioned defendants "are preliminarily enjoined and restrained from entering upon the following church property owned by Plaintiff Hellenic Orthodox Community Church of Corona and suburbs – "Transfiguration of Christ," – unless otherwise given written permission by the parish priest:

It was further order by the Court that the "Defendants are preliminarily enjoined and restrained from interfering with the parish priest of the Transfiguration church in the performance of his spiritual and administrative duties; and it is further order that…

- Defendants are preliminarily enjoined and restrained from interfering with the religious activities of any parishioners of the Transfiguration Church.

- Defendants surrender, without damaging or altering, to the Parish Council of the Transfiguration Church all parish records, including, but not limited to, membership lists, minute books, check books, journals, receipts, statements, bills, ledgers, deeds, agreements, financial records and all other personal property owned by the Transfiguration Church, including, but not limited to, all copies of all the keys to all parish buildings, equipment or furniture.

- Defendants, are preliminarily enjoined and restricted from holding themselves out to be parishioners, officers or parish council members of the Transfiguration Church, or from being otherwise affiliated with the church.

- The Defendants shall execute all documents required to perform the requirements of this Order, including, without limitation, all documents necessary to transfer all accounts and assets to Plaintiff."

Archbishop Demetrios of America did not respond to the National Herald’s calls for comment, but the parish pastor told the Herald the Court’s decision will help restore a sense of normalcy.

"The decision will essentially help the parish to find again its normal life," according to Rev. Nicholas Kouvaris, adding that he made an effort to mediate the problem, which basically involved disgruntled parish council members refusing to accept the Archdiocese decision to remove them from the church board.

"I love every member of this community. I can cooperate with anyone. I tried to approach all parties involved before things reached a certain point, but there was no response. I continue to extend a hand of cooperation because I am a priest, and above all, a priest should have love and peace in his heart for all," he said.

When told that the defendants are not legally allowed to step onto church property, Rev. Kouvaris said "If they want cooperation, it could be achieved. My purpose, from now on, is to work for the parish."

If the defendants come to the church and are willing to let bygones be bygones, say "whatever happened, happened," and request to rejoin the parish, Rev. Kouvaris said, he would accept them, as long as they ask they take the appropriate steps.

"If the Archbishop, who is my ecclesiastical authority accepts them, this where they should go first. His Eminence gave them that opportunity from the very first moment, and he was waiting on them until the very last minute. Even now, they can go to him. His Eminence has a lot of love in his heart," the priest said, adding that tranquility has returned to parish life.

"Things are going very well in Corona now. From the start, we are happy to see to people embracing the efforts of the community. I am very grateful for the acceptance of the congregation. The parish council is doing everything in order to help the parish get back on track," he said.

The Herald had not been able to communicate with Parish Council President Gerasimos Mantzoutsas before press time.

But Mr. Spanos, one of the defendants, told the Herald that the Court’s decision will not stand, and will be appealed.

"It is a temporary decision. The judge has set June 12 as the date the lawyers will appear in order for the trial to get started, because the real decision will be issued after a trial. The case has not been thrown out of court. Nobody should think that this is a final decision. We have filed an appeal," Mr. Spanos said, adding that, according to a professor of Canon Law at the University of Athens Theological School, the Archdiocese has not acted in accordance with its own policies.

"At this moment the judge is studying the evidence which we have submitted, including the opinion of Professor John Konidaris, in which he states that the Archdiocese did not have the right to take this matter the Court. It should go first to the Eparchial Synod, then to the Ecumenical Patriarch, and then to the Court, according to their own regulations," he said.

"The Archbishop read Dr. Konidaris’ opinion and called him to converse with him. Dr. Konidaris is ready to travel to America to testify," he said, noting that, on June 2, a Press Conference was scheduled at the Stathakion Center in Astoria, during which "we are going to present our communications with the Archdiocese; our contacts with the Parliament of Greece during the month of June; our correspondence with Metropolitans who have come into contact with us. We will do an analysis of the events from March 25th until today. This Court decision is referring only to one point of the issue. It does not present the complete picture."

Mr. Livanos concurred with Mr. Spanos that the Court’s decision "is a temporary decision, and it is stated so. The issue is in the Court. A trial will take place, with examination of witnesses, taking into account the opinion of Professor Konidaris from Greece, who is a professor of Ecclesiastical Law, in which he refutes the Archdiocese arguments. Dr. Konidaris was working with His Eminence (Archbishop Demetrios) when the Archbishop was still in Greece. We are heading for trial. The priests of the Spiritual Court have been subpoenaed. The trial will take place. Either we lose, or we win, but we are fighters."



Volume 7 Number 23 - Tuesday, June 7th, 2005	A Publication of the ORTHODOX CHRISTIAN LAITY