N.Y. Veterans' Services Law § 9: New York state veteran burial fund

§ 9. New York state veteran burial fund. 1. As used in this section,

"agent in control of the disposition of remains" means the person

responsible or designated to control the disposition of a deceased

veteran's remains as defined and outlined in section forty-two hundred

one of the public health law. The term "interment" means the disposition

of remains as defined in paragraph (g) of section fifteen hundred two of

the not-for-profit corporation law. The term "burial" shall include the

process as defined in paragraph (e) of section fifteen hundred two of

the not-for-profit corporation law.

2. As provided in subdivision nineteen of section four of this

article, there is hereby established within the department a New York

state veterans burial fund for honorably discharged members of the

uniformed services of the United States who were residents of New York

state at the time of his or her death who (i) were honorably discharged

from such service, or (ii) had a qualifying condition, as defined in

section one of this article, and received a discharge other than bad

conduct or dishonorable from such service, or (iii) were discharged LGBT

veterans, as defined in section one of this article, and received a

discharge other than bad conduct or dishonorable from such service.

(a) Eligible recipients under this program shall be those who bore the

cost of the funeral as the agent in control of the disposition of

remains. An application shall be made available to an eligible

recipient. Any applicant convicted of making any false statement in the

application for the reimbursement shall be subject to the penalties

prescribed in the penal law.

(b) Such optional burial allowance is a reimbursement of an eligible

decedent's burial and interment costs not to exceed two thousand five

hundred dollars in a New York state not-for-profit cemetery. The

reimbursement is generally available as a plot interment allowance. Any

allowance granted by the government of the United States, pursuant to 38

U.S.C. §§ 2302, 2303, 2306, 2307 and 2308 or 10 U.S.C. § 1482 shall be

first applied toward interment costs. An additional allowance of up to

the cost of the actual burial and interment as provided under

subdivision nineteen of section four of this article may be awarded to

cover any remaining expenses.

(c) Evidence of the military service of the decedent for each case

shall be furnished in the manner and form prescribed by the state

commissioner; upon being satisfied that the facts in the application are

true, the state commissioner shall certify to the state comptroller the

name and address of such agent in control of the disposition of remains

for reimbursement as provided in this section.