N.Y. General Business Law § 750-o: 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.