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  Aretakis Slapped with Sanctions

By Kathryn Caggianelli
Troy Record

August 21, 2008

http://www.troyrecord.com/site/news.cfm?newsid=20084128&BRD=1170&PAG=461&dept_id=7021&rfi=6

ALBANY - A federal judge Wednesday stood by his original decision to sanction Albany attorney John Aretakis for initiating law suits with no basis in law or fact and for singling out the Catholic Church for its involvement in unrelated sexual abuse matters.

The sanctions originally included a $10,000 fine and $14,310 in legal fees incurred by the Roman Catholic Diocese of Albany.

Aretakis, who has represented several alleged victims of clergy sexual abuse, filed a $2 million lawsuit in April 2007 against the diocese, Catholic Charities, the federal government and Federal Emergency Management Agency on behalf of New Orleans resident Tina Zlotnick who was displaced from her home during Hurricane Katrina.

After relocating to the Capital District, Zlotnick was allowed to live rent-free at the Sacred Heart of Mary rectory in Watervliet from November of 2005 until she was evicted in July 2007 pending sale of the property.

U.S. District Court Judge Gary L. Sharpe in September 2007 ruled that Aretakis's suit showed no evidence of a written contract and likewise cleared FEMA and the federal government of any wrong doing. And then he imposed sanctions on Aretakis for filing a groundless lawsuit.

On Tuesday, Sharpe affirmed his decision to impose sanctions, adding that Aretakis "included scurrilous allegations in the complaint that were completely and objectively irrelevant to any potential legal claim" and that he did so "in bad faith because he was motivated by his own personal disenchantment with the Church's involvement in unrelated sexual abuse matters and because he intended to injure the Church defendants..."

Sharpe reduced the amount to $10,000 in attorney's fees and costs for the diocese and $2,368 in attorney's fees and costs for the federal government and FEMA.

Aretakis was sanctioned in February 2007 and fined $8,000 by U.S. District Judge Paul A. Crotty for bringing a lawsuit against the Church for conspiring to cover up sexual abuse by priests.

To date, Aretakis has only been required to pay $1,000 in court fines.

Aretakis had previously claimed that Sharpe exhibited a bias against him and that only four or five paragraphs of the 132-paragraph lawsuit had anything to do with clergy abuse. He further claimed that no other pro bono attorney affiliated with the Albany Bar Association would take Zlotnick's case for fear of doing battle with the Albany Diocese.

A notarized affidavit produced by Aretakis on the matter backed up his claim.

"In January 2007, my office received a call from a woman who stated she was disabled, namely Tina Zlotnick, who claimed she was indigent and needed a pro bono lawyer to appear for her. We referred the case to John Aretakis, because he is believed to be the only attorney willing to take cases that involve the Catholic Church or its agencies," writes Barbara Davis, executive director of the Albany Bar Association.

Aretakis Wednesday said he will continue to take on the Albany Diocese on behalf of his clients; its alleged victims.

Kathryn Caggianelli can be reached at 270-1288 or online at kcaggianelli@troyrecord.com.



 
 

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