2013 New York Consolidated Laws
MIL - Military
Article 11 - (235 - 254) PRIVILEGES, PROHIBITIONS AND PENALTIES
250-A - Lt. Colonel Todd Clark Memorial Flag Presentment Program.

 
    §  250-a. Lt. Colonel Todd Clark Memorial Flag Presentment Program. 1.
  There shall be established within the division  of  military  and  naval
  affairs,  by  the  adjutant general, the Lt. Colonel Todd Clark Memorial
  Flag Presentment Program. Pursuant to such program:
    a.  The  adjutant  general  upon  request,  may,  in  his  discretion,
  authorize  the purchase and presentation of a flag of the United States,
  where such flag is not provided by the  United  States,  to  the  person
  designated  to  dispose  of  the  remains  of  a member of the organized
  militia who dies while on the active list, and whose service up  to  the
  date of death was honorable.
    b. In the event the governor orders the flags of the United States and
  the  State  of New York, to be lowered to half staff, in memorial of the
  death of any service member of the army, navy (including marine  corps),
  air force, or coast guard of the United States, or any service member of
  the  army  national  guard,  air  national  guard,  state guard or naval
  militia, the adjutant general, shall, in cooperation with the office  of
  general  services,  arrange  for the procurement of a flag of the United
  States and a flag of the State of New York, which were flying  over  the
  capitol  building  at  the time such flags were lowered to half staff in
  compliance with the governor's  order.  Upon  the  procurement  of  such
  flags,  the  adjutant general, or his or her representative, shall offer
  the presentment of such flags, without cost, to the person designated to
  dispose of the remains of the service member, in whose honor such  flags
  were lowered in memorial.
    2. For the purposes of this section only, the following persons in the
  order named shall be designated to dispose of the remains of a decedent:
    a. Surviving spouse of decedent
    b. Blood relatives of the decedent
    c. Adoptive relatives of the decedent
    d. Person standing in loco parentis to decedent