2006 New York Code - Removal Of Dedication.



 
    §  750-o.  Removal  of  dedication.  Upon  the  filing of a dedication
  restricting real property for the operation  of  a  pet  cemetery,  such
  dedication  may only be amended or removed by order of the supreme court
  of the county where the pet  cemetery  is  located.  Such  petition  for
  amendment  or removal of dedication shall include written consent by all
  persons who purchased or otherwise are entitled to rights of disposal or
  rights to continuing care of a pet grave in  that  portion  of  the  pet
  cemetery  for  which  the dedication is sought to be amended or removed.
  If the portion of the pet cemetery for which the dedication is sought to
  be amended or removed includes pet remains, such  pet  remains  must  be
  removed,  upon  the  written consent of all persons who purchased or are
  otherwise entitled to rights of disposal or rights to continuing care of
  a pet grave, their heirs or assigns, with the removal to be entirely  at
  the  cost  of  the  owner  of the pet cemetery. The court, upon proof of
  diligent efforts and as determined by the court, may dispense  with  the
  written  consent of any person who purchased or is otherwise entitled to
  rights of disposal whose whereabouts, identity or heirs or  assigns  are
  unknown.  In  the  event  that the court has dispensed with any person's
  written consent under this section, the court may make  a  determination
  as to the consideration appropriate for such consent and order that such
  monies  be  deposited  with  the court, which shall then be paid to such
  person upon appropriate proof of  claim.  If  the  premises  are  a  pet
  cemetery,  such petition may additionally include an environmental audit
  if required by the court, which audit shall identify  any  environmental
  problems   caused   by   the   pet   cemetery   activity,  including  an
  identification  of  pet  disposal  sites.  If  the  environmental  audit
  identifies  any  environmental  problem, it shall additionally include a
  plan for the correction  or  remediation  of  such  problems,  including
  financial, human and other resources estimates, projected time schedules
  for  the  completion  of  the  corrective and remedial actions, with the
  court to make any order on the petition conditional upon the  completion
  of  such  corrective  and  remedial  action or upon the deposit with the
  court with such money as determined necessary for  such  remediation  or
  correction.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.