N.Y. Town Law § 292-a: Cemetery and funeral home combinations

§ 292-a. Cemetery and funeral home combinations. 1. No town shall,

directly or indirectly:

(a) sell, or have, enter into or perform a lease of any of its real

property dedicated to cemetery purposes or adjacent thereto to a funeral

entity, or use any of its property for location of a funeral entity;

(b) commingle funds used for cemetery purposes with a funeral entity;

(c) direct or carry on its cemetery related business or affairs with a

funeral entity;

(d) authorize control of its cemetery related business or affairs by a

funeral entity;

(e) engage in any sale or cross-marketing of goods or services with a

funeral entity;

(f) have, enter into or perform a management or service contract for

cemetery operations with a funeral entity; or

(g) have, enter into or perform a management contract with any entity

other than a not-for-profit or religious corporation, or governmental

entity.

2. Only the provisions of paragraphs (a) and (b) of subdivision one of

this section shall apply to towns with thirty acres or less of real

property dedicated to cemetery purposes, and only to the extent the sale

or lease is of real property dedicated to cemetery purposes, and such

cemeteries shall not engage in the sale of funeral home goods or

services, except if such goods and services are otherwise permitted to

be sold by cemeteries.

3. For the purposes of this section, "funeral entity" means a person,

partnership, corporation, limited liability company or other form of

business organization providing funeral home services, or owning,

controlling, conducting or affiliated with a funeral home, any

subsidiary thereof or any officer, director or stockholder having a ten

per centum or greater proprietary, beneficial, equitable or credit

interest in a funeral home.