N.Y. Public Health Law § 4146: Deaths; burial permits; interments in certain cemeteries prohibited

§ 4146. Deaths; burial permits; interments in certain cemeteries

prohibited. 1. Whenever the legislative authority of any municipality

shall deem that further interments in any cemetery in such municipality

would be detrimental to the public health, it may by resolution direct

its clerk to cause a notice to be served upon the person or corporation

owning or controlling such cemetery, and to publish said notice once a

week for three successive weeks in two papers published in such city,

stating a time and place not less than thirty days after service and

first publication of such notice, at which any person interested may

show cause to the legislative authority why further interments in such

cemetery should not be prohibited.

2. At the time and place specified in such notice the legislative

authority of such municipality shall hear all persons desiring to be

heard, and if upon such hearing it appears that further interments in

such cemetery will be detrimental to public health, it may by resolution

prohibit further interments therein.

3. If such resolution is adopted a certified copy thereof shall be

filed with the board of health of the municipality in which the cemetery

is located, and thereafter permits for interments in such cemetery shall

not be issued. The action of the legislative authority in passing such

resolution may be reviewed within thirty days thereafter under and

pursuant to article seventy-eight of the civil practice act.

4. A burial permit issued by any registrar of vital statistics

authorizing burial in such cemetery shall be deemed null and void and of

no legal effect after a copy of the resolution has been filed with the

board of health of the municipality.