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  Judge Orders Aretakis to Pay for 'Bogus' Suit
Lawyer Plans Appeal after Given 20 Days to Pay $12,368 in Court Costs

By Robert Gavin
Albany Times Union
August 22, 2008

http://www.timesunion.com/AspStories/story.asp?storyID=714150&category=REGION

ALBANY — In a scathing decision, U.S. District Judge Gary Sharpe has given attorney John Aretakis 20 days to pay $12,368 for a "bogus federal lawsuit."

The judge minced no words in ordering Aretakis to fork over legal fees and costs totaling $10,000 to the Albany Roman Catholic Diocese and $2,368 to the federal government.

"It is absolutely improper for a trained lawyer to file a bogus federal lawsuit in an effort to vent about his personal dissatisfaction with government," Sharpe wrote in a 46-page decision released Aug. 18. "Furthermore, if a client wishes to file a bogus lawsuit, it is the responsibility of a trained professional to dissuade her from doing so."

Sharpe noted that "the scurrilous allegations concerning sex abuse, the identification of specific priests as sexual predators and other sundry allegations ... have absolutely nothing to do with the lawsuit."

Sharpe upheld his ruling from last September, which dismissed the suit filed on behalf of Hurricane Katrina refugee Tina Zlotnick. Aretakis had filed a motion to reconsider the matter.

Zlotnick had sued the diocese, Bishop Howard Hubbard, Catholic Charities, Catholic Campaign for Human Development, the U.S. government and the Federal Emergency Management Agency.

Aretakis charged in the lawsuit that the defendants breached a contract with Zlotnick that allowed the church to use her personal story about Hurricane Katrina. In exchange, the suit said, the church would supply Zlotnick with housing.

Zlotnick lived in the rectory of Sacred Heart of Mary Church in Watervliet before being evicted last summer after refusing to leave.

On Sept. 6, 2007, Sharpe found the lawsuit had "no legitimate, factual or legal basis." Sharpe stated that about three-quarters of the lawsuit dealt with clergy abuse — not Zlotnick's actual claims.

This month, Sharpe admitted that estimate was "perhaps intemperate, not to mention plainly inaccurate," but he stated his comments dealt with Aretakis' conduct with the case, "not upon a extrajudicial bias, prejudice or impartiality."

Aretakis is appealing the dismissal of the suit.

"His decision is all about me," Aretakis said, "and very little about the litigant."

Aretakis has drawn fire, as well as support, in the Capital Region for lawsuits filed against the diocese.

He also ran for Congress earlier this year for the seat now occupied by U.S. Rep. Michael McNulty, D-Green Island, before dropping out of the race.

Kenneth Goldfarb, a spokesman for Bishop Howard Hubbard, said the judge's decision "just reaffirms our feelings about what we've encountered with this individual."

Robert Gavin can be reached at 434-2403 or by e-mail at rgavin@timesunion.com.

 
 

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