2006 New York Code - Cemetery And Burial Grounds.

 
    §  24-365  Cemetery  and  burial grounds. Whenever for the purposes of
  this subchapter it shall be necessary to use any land  or  premises,  or
  any  portion  thereof, now occupied by graves, burial places, cemeteries
  or other places of interment  of  human  remains,  such  graves,  burial
  places, cemeteries or other places of interment of human remains and the
  human  remains  located therein, shall be removed and disposed of in the
  following manner: 1. The city having acquired title to  the  land  where
  burial  places are situated shall cause a notice to be published once in
  each week for four successive weeks in two newspapers published  in  the
  county where such burial place or places are situated, which such notice
  shall be substantially as follows:
    "Please  take  notice  that  the  undersigned  hereby  intends to make
  application relating  to  the  removal  of  all  the  remains,  all  the
  monuments and all other distinguishing marks from the cemetery or burial
  place   located   in  the  town  of............county  of..........known
  as..........not less than sixty days after (the last publication date of
  this notice) for an order pursuant to subchapter four of  chapter  three
  of title twenty-four of the administrative code of the city of New York;
    Please  take further notice that any and all person or persons legally
  entitled to direct as to the disposition of the  above  may  remove  the
  same  to  any  other  cemetery  or  burial  place  within the same or an
  adjoining county within sixty days after (the last publication  date  of
  this  notice)  if  they  so  elect  upon  informing  the commissioner of
  environmental protection in writing of the cemetery or burial  place  in
  which  said  remains are to be reinterred and to which the monuments and
  other distinguishing marks are to be moved.
     ....................  Corporation counsel of the city of New York."
    2. Not less than sixty days after the last publication  date  of  said
  notice,  the  corporation counsel shall make an application to a special
  term of the supreme court in the same judicial  district  in  which  the
  cemetery  or  burial  place  is  located  for  an order authorizing such
  removal of said remains, monuments and all other distinguishing marks to
  a cemetery or burial place in the same or an adjoining county from  that
  in which said cemetery or burial place is located.
    Such  order  shall  be  made upon due proof of not less than ten days'
  notice to interested parties who have appeared by attorney, or who  have
  filed  appearances in writing with the corporation counsel, and of proof
  of publication of notice of such application once in each week for  four
  weeks  in  each  of  two  newspapers  published in the county where such
  cemetery or burial place is situated, immediately prior  to  application
  to  the  supreme court. Such notice shall briefly set forth the time and
  place of the making  of  such  application  and  a  designation  of  the
  cemetery   or   burial  place  to  which  said  remains,  monuments  and
  distinguishing marks are sought to be removed.
    All removals and transportation of such human remains shall be done in
  accordance with the provisions of the public health law  and  the  local
  rules  or  ordinances of any town, city or village wherein such cemetery
  or burial place is located, or  wherein  any  of  such  remains  may  be
  interred.  The commissioner of environmental protection on behalf of the
  city may acquire by purchase such other lands as may be necessary within
  the county where such cemetery or burial place  is  located,  or  in  an
  adjoining  county,  for  the  purpose of properly interring such removed
  remains, which lands shall be acquired with the approval of the  supreme
  court  in  the  same judicial district as that in which the condemnation
  proceedings were originally instituted. In the acquisition of such lands
  no cemetery or burial place shall be divided and  the  acreage  acquired
  must  be  at  least  substantially  equal  to  the  acreage  taken.  The
  commissioner of environmental protection on behalf of the city may  also


  acquire  other  lands  within the county wherein such cemetery or burial
  place is located, or in an adjoining county, for the purpose of properly
  interring and removing such remains, in the same manner as  provided  by
  this  subchapter for the acquisition of water supply and other lands but
  such acquisition of such lands shall  be  subject  to  approval  of  the
  supreme court. No lands shall be acquired within the corporate limits of
  a  village  or  city  except  within  the bounds of an existing cemetery
  unless by consent of the board of trustees  of  the  village  or  common
  council  of  the  city  or other authorities within such village or city
  occupying similar positions as trustees or aldermen,  respectively.  The
  supreme  court,  upon  application for the confirmation of the report of
  the commissioners, shall make inquiry as to the rights of individual lot
  owners in cemeteries and provide for the protection of  such  rights  as
  justice  shall  require.  All the bodies removed by said commissioner of
  environmental protection shall, when distinguishable, be encased each in
  a separate box or coffin, and each monument,  head  stone,  foot  stone,
  slab,  board  or  other  designating  or  distinguishing  mark  shall be
  properly removed and reset at the grave of each body at the time of such
  reinterment.  Members  of  the  same  family  shall  be  reinterred   in
  contiguous  graves.  Whenever any person or persons, legally entitled to
  direct as to the disposition of any human  remains  now  interred  in  a
  cemetery  or  burial  place, shall request, in writing, within the sixty
  day period aforesaid, the burial of such remains in a  cemetery  in  the
  same  or  an adjoining county, the commissioner shall cause such remains
  to be reinterred where requested within the same county or in  adjoining
  county,  and  shall  carefully  and properly remove such remains to such
  burial plot and properly reinter the same, and in  the  event  that  any
  human  remains  be  removed  to, and reinterred in any other place other
  than that acquired as herein provided, no portion of the expense for the
  acquisition of any other grave, graves, or  other  place  or  places  of
  burial shall be borne by the city, but in such event the city shall bear
  only the expense of removal and transportation of such remains. Whenever
  there  is  no  request  to remove remains within the sixty day period as
  hereinbefore provided, the corporation counsel shall apply for an  order
  authorizing  such  removal  in  the manner herein provided. Whenever any
  person or persons legally entitled to direct as to  the  disposition  of
  any  human  remains exhumed or to be exhumed from any cemetery or burial
  place as herein provided, elect to remove the same  for  reinterment  to
  any  burial  plot or cemetery not within the same county from which such
  remains were exhumed, or in an adjoining county, such person or  persons
  so  entitled  to  designate  such  other  burial  place or plot shall be
  permitted to remove such exhumed remains from such  county,  subject  to
  the  provisions  of  the  public  health  law,  and  the  local rules or
  ordinances of any town, city or village wherein such cemetery or  burial
  place shall be located, or wherein such human remains may be reinterred,
  but  no portion of the expense of such transportation or burial shall be
  borne by the commissioner of environmental protection.  When  any  lands
  acquired  for  the  purposes  of  reinterment of human remains as herein
  provided, to which shall have been removed all remains  exhumed  from  a
  cemetery  or  burial place belonging to an individual or individuals, or
  to a corporation organized under the  religious  corporations  law,  the
  not-for-profit  corporation  law  or  by  special act, or belonging to a
  town, village or city, the board of estimate of the  city  of  New  York
  shall,  after  reinterment,  execute and deliver, without expense to the
  prior owner, if an individual, or if such prior owner be a  corporation,
  to  the  trustees  or  other  governing  body  of  such  corporation, by
  whatsoever name or title they may  hold  office,  or  to  the  board  of
  trustees,  if  any,  of a town burial ground, and to their successors in


  office, a quit claim deed covering the lands so acquired, together  with
  all  structures  erected thereon, and where lands have been acquired for
  the purpose of reinterment of human remains exhumed  from  a  public  or
  private  cemetery  or  burial  place  which  shall have been used by the
  inhabitants of any town in this state as a cemetery or burial place  for
  the  space of fourteen years and not having a board of trustees pursuant
  to the provisions of the town law, the board of estimate of the city  of
  New  York  shall,  after  reinterment,  execute and deliver, and without
  expense to the grantee therefor  a  quit  claim  deed  or  other  proper
  release  to such town wherein such lands so acquired as provided by this
  section may be situated, and such cemetery or burial  place  shall  from
  and  after  the execution and delivery thereof be deemed to be vested in
  such town, and shall be subject, in the same manner as  other  corporate
  property  of towns, to the government and direction of directors in town
  meeting, excepting, however, that where such lands so acquired  for  the
  purposes  set  forth in this section are situated within the limits of a
  village or city, such quit claim deed or  release  herein  provided  for
  shall  be  executed and delivered to such village or city and thereafter
  be and become property of such village or city and subject to  the  laws
  governing  such  village  or  city.  From  and  after  the execution and
  delivery by the board of estimate as by this section  provided,  of  the
  quit  claim  deed  or release, the city of New York shall be divested of
  all right and title to said lands so quit claimed or released and  shall
  not  thereafter be liable for the care, custody, maintenance and control
  thereof. This section does not limit any existing  right  of  burial  or
  removal  of  remains  under  other provisions of law applicable thereto.
  Nothing herein contained shall impose any duty whatsoever upon the  city
  of New York for the care, custody, maintenance and control of any burial
  grounds, cemeteries or other places of interment for human remains.