N.Y. Religious Corporations Law § 9: Removal of human remains from one cemetery of a religious corporation to another cemetery owned by it

§ 9. Removal of human remains from one cemetery of a religious

corporation to another cemetery owned by it. A religious corporation,

notwithstanding the restrictions contained in any conveyance or devise

to it, may remove the human remains buried in a cemetery owned by it, or

when such church corporation is situated within or outside of a city in

the grounds surrounding the church belonging to such corporation, to

another cemetery owned by it, or to a plot or lot acquired by it in any

other cemetery located in the same county, or in any town adjoining the

town or city in which the cemetery wherein such human remains are buried

is located, if the trustees thereof so determine, and if either

three-fourths of the members of such corporation, qualified to vote at

its corporate meetings, sign and acknowledge and cause to be recorded in

the office of the clerk of the county in which such cemetery or a part

thereof is situated, a written consent thereto, or if approval thereof

be given by the vote of three-fourths of those members of such

corporation qualified to vote, who shall be present and vote thereon, at

a corporate meeting of such corporation, specially called for that

purpose, a quorum of at least eight qualified voters being present.

Provided, however, that in lieu of such removal by such religious

corporation it shall be lawful for the surviving spouse or any heir of

any decedent, upon obtaining permission of the county court of the

county, or of the supreme court in the district, where the cemetery from

which the removal is proposed, is situated, at his own expense to cause

the removal of such remains and tombstones, monuments or other erections

and the reinterment of such remains and the replacement of such

tombstones, monuments or other erections in some other cemetery selected

by the applicant, the notice of which application for permission to be

given in the manner and to those designated by the court. But if such

corporation be a church, previous notice of the object of such meeting

shall be published once each week for at least four successive weeks in

a newspaper of the town, village or city in which the cemetery from

which the removal is proposed, is situated, or if no newspaper is

published therein, then in a newspaper designated by the county judge of

such county. Such removal shall be made in an appropriate manner and in

accordance with such directions as to the manner thereof, as may be

given by the board of health of the town, village or city in which the

cemetery from which the removal is made, is situated. All tombstones,

monuments or other erections at or upon any grave from which any remains

are removed, shall be properly replaced or raised at the grave where the

remains are reinterred. Such religious corporation may, in its

discretion, erect one or more tombstones, monuments or other suitable

markers appropriately inscribed as a memorial for all those decedents

whose remains shall not be found for removal or reinterment, but the

said religious corporation shall make a certificate setting forth an

exact copy of all inscriptions on each tombstone, monument, or other

erection which shall not be replaced or raised because of failure to

find remains for removal and reinterment, and shall file the same in the

cemetery office or in the office of the town or city clerk of the town

or city in which the cemetery from which removal is proposed, is

situated; all tombstones, monuments or other erections not so replaced

or raised shall be disposed of by such religious corporation as it shall

determine and such certificate, in addition to such inscriptions, shall

state the disposition so made.