GREEK ORTHODOX FAITHFUL SUBMIT MOTION

TO REARGUE LITIGATION IN NEW YORK STATE SUPREME COURT

Plaintiffs Cite Many Factual and Legal Errors in Court Decision

Orthodox Christian Laity - October 21, 2004

New York -  A broad-based group of Greek Orthodox faithful filed legal papers today in New York Supreme Court requesting a reargument of the Court's decision to dismiss in the case of Nicholas Pappas, et al., against The Greek Orthodox Archdiocese of North America.

In effect, the current legal action takes opposition to the Court's erroneous decision  that the issue in this case involves ecclesiastical matters beyond the jurisdiction of the Court, and clearly denies the Plaintiffs' civil rights as members of a New York Corporation (The Greek Orthodox Archdiocese).

Members of the Church filing the action, some of whom are former members of the Archdiocesan Council and Executive Committee, are doing so for the benefit of thousands of members of the Greek Orthodox Church in the United States who have expressed grave concern about recent and questionable governance actions taken by the Church's Patriarchate in Istanbul, Turkey, and the Archdiocese based in New York.

The current motion states, among other issues, that the order:

1. Misapprehends the civil rights claims asserted in the verified complaint and completely mistakes the issue;
2. Itself violates the First Amendment by adopting a rule of "compulsory deference to religious authority";
3. Fails to follow the law applicable to deciding a motion to dismiss and improperly decides disputed issues and facts;
4. Not only considered but relied upon an improper sur-sur reply;
5. Mistakes the organizational structure of the Orthodox Church and the Archdiocese.

Mr. Evan A. Chriss, one plaintiff and a former long-term member of the Archdiocesan Council and its Executive Committee, said the legal action was justified:

"Because the court's decision denied our civil rights as members of the  Archdiocese, a New York Corporation. In addition to the failure of the Court to abide by the Court Rules on filings made by litigants by its reading and reliance upon the Defendant's sur-sur reply, the Court failed to consider the true issue in the case which is the Archdiocese's failure  to follow the requisite procedure for  revision of its 1977 Charter, misapplied  the applicable law, and made erroneous findings of material facts."

"The plaintiffs felt obliged to file this motion, particularly in light of the inaccuracies in the language of the decision," said Peter Haikalis, President of the Orthodox Christian Laity.  "All we have ever wanted is a fair, impartial and honest discussion regarding Orthodoxy in America and the arguments put forward in the motion and the supporting documentation will clarify some of the misconceptions which have surfaced.

Haikalis went to say, "The governance of the Eastern Orthodox church is conciliar where hierarchy, clergy and laity collaborate in good faith and with mutual respect. The 2003 Charter seriously erodes that historic concept in the United States and severely diminishes the voice and participation of clergy and laity in church governance. It is this radical departure that has troubled Greek Orthodox around the country, especially as their role has been so vital to the Church's life and growth in America. They are further concerned as they are confronted with demands by the Archdiocese for sharp increases in monetary support from local parishes because of the Archdiocese's serious and increasing debt."