N.Y. Not-for-Profit Corporation Law § 1510-a: Repair or removal of monuments

§ 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 certified mail to the last known owner at

that person's last known address to repair or remove the monument or

other marker and the said owner has failed to do so within the time

provided in said notice.

(b) In the event that the last known owner cannot be found, the notice

may be given by publishing the same once each week for three consecutive

weeks in a newspaper published or circulated in the county in which the

cemetery is located. Such notice shall be addressed to the last known

owner and to all persons having or claiming any interest in or to the

burial lot on which the monument or other marker is located. The notice

shall date from the date of mailing such notice by registered or

certified mail, or the date of the third publication in the newspaper.

(c) Any monument or other marker that is removed as provided for in

this section shall be replaced with a flush bronze or granite marker

suitably inscribed if replacement is appropriate for identification

purposes.

(d) Nothing contained herein shall be construed as establishing any

right of damages not otherwise provided by law, rule or contract in any

person against the cemetery corporation for failure to repair or remedy

any condition described or give notice thereof as provided for in this

section.