From the Worldwide Faith News archives www.wfn.org
GOAA - N.Y Supreme Court Dismisses Lawsuit Against Church
From
Worldwide Faith News <wfn@igc.org>
Date
Thu, 12 Aug 2004 14:43:30 -0700
GREEK ORTHODOX ARCHDIOCESE OF AMERICA
8-10 East 79th St. New York, NY 10021
Tel: (212) 570-3530 Fax: (212) 774-0215
Web: http://www.goarch.org
Email: communications@goarch.org
For Immediate Release
August 12,2004
Contact: Nikki Stephanopoulos
Tel.: 212.570.3530
NEW YORK SUPREME COURT JUSTICE DISMISSES OCL LAWSUIT
AGAINST GREEK ORTHODOX ARCHDIOCESE OF AMERICA
New York, NY - On February 2, 2004, several individuals brought an action
in New York State Supreme Court against the Greek Orthodox Archdiocese of
America and Archbishop Demetrios seeking to invalidate the 2003 Charter
granted by the Ecumenical Patriarchate of Constantinople.
On August 6, 2004, Justice Ira Gammerman of the New York State Supreme
Court rendered a decision granting, with costs, the motion of the Greek
Orthodox Archdiocese to dismiss the lawsuit. The Justice wrote, bI do not
think it can seriously be disputed that the Greek Orthodox Church is
hierarchical.b The Court relied on a United States Supreme Court
decision, Serbian Eastern Orthodox Diocese for the USA. v Milivojevich, 426
US 696 (1976), stating such decision was bsquarely on point.b The Court
further stated that pursuant to the Milivojevich case, bthe courts simply
do not have the authority to interfere with the manner in which churches
organize the titles of their clerics, to determine the eligibility criteria
for candidates for Archbishop or bishop, to oversee monasteries, or to
inject the state judicial authority into other matters raised by this
action.b
The Courtbs memorandum decision is posted at the Archdiocese website at
http://www.goarch.org/en/archdiocese/documents/.
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