§ 1501. Declaration of policy. The people of this state have a vital interest in the establishment, maintenance and preservation of public burial grounds and the proper operation of the corporations which own and manage the same. This article is determined an exercise of the police powers of this state to protect the well-being of […]
§ 1502. Definitions. As used in this article: (a) The term “cemetery corporation” means any corporation formed under a general or special law for the disposal or burial of deceased human beings, by cremation, natural organic reduction or in a grave, mausoleum, vault, columbarium or other receptacle but does not include a family cemetery corporation […]
§ 1503. Application. (a) Except as otherwise provided in paragraph (b) of this section, section fifteen hundred five-b, paragraph (c) of section fifteen hundred seven, paragraph (m) of section fifteen hundred ten, and section fifteen hundred eighteen of this article does not apply to (1) a religious corporation, (2) a municipal corporation, (3) a cemetery […]
§ 1504. Cemetery board and general administration. (a) A cemetery board is hereby created within the division of cemeteries in the department of state, subject to the following requirements: (1) The members of such board shall be the secretary of state, the attorney general and the commissioner of health, who shall serve without additional compensation. […]
§ 1505. Special requirements of incorporation. (a) Certificate of incorporation; additional contents. In addition to the requirements of section four hundred two (Certificate of incorporation; contents), the certificate of incorporation of a cemetery corporation shall be filed in the office of the clerk of each county in which any part of the cemetery is proposed […]
§ 1505-a. Additional requirements for incorporation of crematories. (a) Approval. A cemetery corporation seeking the approval to operate a crematory must submit for approval by the cemetery board the following: (1) a list of the directors, employees, and certificate holders of the cemetery corporation; (2) a certified survey of the site and location within the […]
§ 1505-b. Additional requirements for incorporation of natural organic reduction facilities. (a) Approval. A cemetery corporation seeking the approval to operate a natural organic reduction facility shall submit for approval by the cemetery board the following: (1) a list of the directors, employees, and certificate holders of the cemetery corporation; (2) a certified survey of […]
§ 1506. Cemetery lands. (a) Purchase of land; notice to cemetery board. (1) No cemetery corporation, in purchasing real property hereafter, shall pay or agree to pay more than the fair and reasonable market value thereof. The terms of the purchase, including the price to be paid and the method of payment, shall be subject […]
§ 1506-a. Cemetery corporations; restrictions. (a) No cemetery corporation shall, directly or indirectly: (1) sell, or have, enter into or perform a lease of any of its real property to a funeral entity, or use any of its property for location of a funeral entity; (2) commingle its funds with a funeral entity; (3) direct […]
§ 1506-b. Transfer of lands of Valley View Rural Cemetery. Notwithstanding any other provision of law to the contrary, the board of trustees of the Valley View Rural Cemetery Association in the town of Dover Plains, New York, may by resolution of such board, sell, lease or transfer any portion of the lands of Valley […]
§ 1506-c. Abandoned cemetery maintenance by cemetery corporations. (a) Upon application and approval by the cemetery board, a cemetery corporation may assume management and maintenance of an abandoned cemetery. For the purposes of this section, abandoned cemetery means a cemetery which was previously owned by a cemetery corporation organized pursuant to this chapter or existing […]
§ 1506-d. Additional requirements for merger or consolidation of cemetery corporations in certain circumstances. (a) A merger or consolidation of cemetery corporations may be approved notwithstanding that the surviving corporation or consolidated corporation will own land that does not form one continuous tract or that exceeds two hundred acres in the aggregate, but only with […]
§ 1506-e. Lease of cemetery lands. (a) Cemetery board approval. Except as set forth in paragraph (i) of this section, no cemetery corporation shall lease any portion of its land without notice to and approval of the cemetery board. (b) Requirements for approval of a lease of cemetery land. The application to the cemetery board […]
§ 1507. Trust funds. (a) Maintenance and preservation; permanent maintenance fund; current maintenance fund. Subject to rules and regulations of the cemetery board: (1) Every cemetery corporation shall maintain and preserve the cemetery, including all lots, plots and parts thereof. For the sole purpose of such maintenance and preservation, every cemetery corporation shall establish and […]
§ 1507-a. State cemetery board citizens advisory council. (a) There is hereby created a state cemetery board citizens advisory council, to study, investigate, monitor and make recommendations with respect to the maintenance and operation of the state cemetery vandalism restoration, monument repair or removal and administration fund. Such advisory council shall study and investigate incidents […]
§ 1508. Reports by cemeteries. (a) Annual report. Each cemetery corporation shall, on or before the fifteenth day of March after the end of its calendar year, or if on a fiscal year the seventy-fifth day after the close of such year, file with the cemetery board (1) a statement as to the condition of […]
§ 1509. Cemetery rules and regulations; charges and lot tax assessments. (a) Rules and regulations. The directors of a cemetery corporation shall make reasonable rules and regulations for the use, care, management and protection of the property of the corporation and of all lots, plots and parts thereof; for regulating the dividing marks between the […]
§ 1510. Cemetery duties. (a) Posting and distribution of rules, regulations, charges and prices. The rules, regulations, charges, and prices of goods, lots, plots or parts thereof shall be suitably printed and shall be conspicuously posted by the corporation in each of its offices, if any, and conspicuously displayed on any website the corporation maintains […]
§ 1510-a. Repair or removal of monuments. (a) Cemetery corporations may repair or remove any monuments or other markers not owned by the cemetery corporation that have fallen into disrepair or dilapidation so as to create a dangerous condition, provided that the cemetery corporation has given not less than sixty days notice by registered or […]
§ 1510-b. Availability for interment on six-day basis. Every cemetery corporation shall be available for interments at least six days per week, excluding legal holidays, as set forth in the cemetery’s regulations or in accordance with its practices. Any cemetery which maintains and designates a burial section for persons of a particular religious belief must […]
