N.Y. Military Law § 250-a: Lt

§ 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, marine corps, air force,

space 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 their 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