2013 New York Consolidated Laws
PBH - Public Health
Article 42 - CADAVERS
Title 1 - (4200 - 4203) DISPOSITION
4202 - Cremated remains; disposition.

 
    §  4202.  Cremated  remains; disposition. 1. Every body delivered to a
  cemetery for cremation shall  be  accompanied  by  a  statement  from  a
  physician,  coroner,  or medical examiner certifying that such body does
  not contain a battery or power cell. The person in charge of a  cemetery
  may refuse to cremate a body unless accompanied by such statement.
    2.  Cremated  remains  means  human  remains  after  incineration in a
  crematory.
    3. An institution authorized by article forty-two  or  forty-three  of
  this   chapter  to  receive  unclaimed  cadavers  or  anatomical  gifts,
  notwithstanding any other provision of  law,  may  prepare  or  preserve
  cadavers  in  its  lawful  possession for purposes of research, study or
  anatomical instruction and may cremate the cadavers or dissected remains
  of such cadavers  after  the  completion  of  such  research,  study  or
  anatomical  instruction thereon; provided, however, that cremation shall
  be performed only in a retort used exclusively for such purpose. For the
  purposes of the provisions of this subdivision, such  institution  shall
  not be subject to article fifteen of the not-for-profit corporation law.
    4.  At  the  time  of  the  arrangement for a funeral performed by any
  undertaker or funeral  director,  the  person  contracting  for  funeral
  services  shall designate his intentions with respect to the disposition
  of the remains of the deceased in a signed declaration of  intent  on  a
  form  as  designated  by  the  department which shall be provided by and
  retained by the undertaker. Every undertaker,  administrator,  executor,
  authorized  representative of a deceased person, corporation, company or
  association, or other person having in  his  or  its  lawful  possession
  cremated  remains,  except such remains committed to his or its care for
  permanent interment, which remains shall not  have  been  claimed  by  a
  relative or friend of the deceased person within one hundred twenty days
  from  the date of cremation, may dispose of such remains by placement in
  a tomb, mausoleum, crypt, niche in a columbarium, burial in a  cemetery,
  or  scattering  of  the remains at sea or by otherwise disposing of such
  remains as provided  by  rule  of  the  department.  A  record  of  such
  disposition   shall   be  made  and  kept  by  the  person  making  such
  disposition. Upon disposing of such remains  in  the  manner  prescribed
  above,  such  person  shall  be  discharged from any legal obligation or
  liability in relation to such remains.