Our attorneys are conversant with and knowledgeable about the basic law governing the operation of cemeteries in New York State, which is set forth in Article 15 of the Not-for-Profit Corporation Law.  The intent of the law is to ensure that cemeteries remain financially self-sustaining in perpetuity and that they be operated on a nonprofit basis in the public interest.  The State Cemetery Board, consisting of the Secretary of State as Chair, the Attorney General and the Commissioner of Health, has the duty of ensuring that cemeteries subject to its jurisdiction are operated in compliance with applicable law, and promulgating necessary rules and regulations for the proper administration of the law.  The Division of Cemeteries administers the law and the rules and regulations promulgated by the Cemetery Board.

Disinterment is the process in which a deceased persons body must be removed from their grave after burial. The purpose may be for DNA testing, medical investigation or just simply because a family has relocated and the burial site is no longer easily accessible. A person seeking to disinter a body must usually petition to have the body exhumed. Because of the general disinclination to disturb remains, a valid reason is required before exhumation will be allowed. Such reasons may include newly discovered evidence requiring a medical examination as to cause of death or verification of identity in cases of possible mistaken identity. State laws regarding exhumation vary, so local law should be consulted to determine specific requirements in your area.

For further information about our Disenternment Law services, please contact Frank Seddio, Esq. in our Brooklyn office at 718-272-6040.