Lawyer told to pay $24,310

http://www.timesunion.com/AspStories/story.asp?storyID=622850&category=REGION&newsdate=9/18/2007

 

 

ALBANY -- A local attorney must pay more than $24,000 for filing a baseless lawsuit against the Catholic Church and U.S. government on behalf of a refugee from Hurricane Katrina.

 

 

"It's clear to me," Sharpe said, "that this lawsuit was filed because you have your own personal agenda and you were able to find a client that would foster your own personal agenda."

About three-quarters of the lawsuit focused on sexual abuse in the church --and had nothing to do with Zlotnick, the judge said in U.S. District Court.

"It's crystal clear, Mr. Aretakis, what's going on here, "Sharpe said. "This is just more of the same of the conduct for which you've been sanctioned in numerous courts in this state."

Aretakis said Friday he filed the lawsuit, at no cost to his client, for "what I and others considered a meritorious case."

He said he will "absolutely be taking this case up on appeal."

Aretakis,who has represented victims of clergy sexual abuse in lawsuits, said Zlotnick's case "had nothing to do" with that subject.

The judge fined Aretakis $10,000 and ordered him to pay the $14,310 in legal fees incurred by the Roman Catholic Diocese of Albany, which requested sanctions. Sharpe gave Aretakis a week to show why he should not be sanctioned for suing the federal government.

Aretakis filed the lawsuit against the church, including Catholic Charities, the U.S.government and the Federal Emergency Management Agency. Aretakisalleges the church breached a contract with Zlotnick that provided for the use of her story from Hurricane Katrina, and in exchange, she would receive charitable housing.

Zlotnick -- who lived on her porch for five days in New Orleans because she refused to abandon her two dogs -- stayed in the rectory of Sacred Heart of Mary Church in Watervliet. She was evicted earlier this summer after refusing to leave. In court on Sept. 6, the judge said Aretakis' suit showed no evidence of a written contract. He also noted the complaint stated that the government and FEMA were "not being sued with respect to liability." He gave Aretakis "about 60 seconds" to explain the basis for the suit before he imposed sanctions, adding, "Go ahead."

Aretakis, citing "general public knowledge" and news articles, responded that he believes the government has wasted "a lot of money."

The judge, in turn, said, "Congratulations. Why don't you run for the Senate or President of the United States and do something about it?"

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