N.Y. CNT Law § 222 — New York Code / Act CNT / Article 5 / Section 222
Cemeteries
Status: in_force

§ 222. Cemeteries. 1. The board of supervisors may acquire by\ncondemnation, purchase, gift or devise burial plots outside a city or\nvillage within the county, for the burial of indigent persons. Such\nburial plots shall be under the general care and supervision of the\ncounty commissioner of public welfare.\n  2. a. The board of supervisors or county legislature may, by the\naffirmative vote of two-thirds of the total membership of the board,\nacquire by condemnation, purchase, gift or devise lands outside a city\nor village within the county and establish and maintain a county\ncemetery for the burial of members of the armed forces of the United\nStates. Remains of the members of the armed forces of the United States,\nheretofore or hereafter dying may be interred in such county cemetery or\nmay be removed from other cemeteries or burial plots and be interred in\nsuch county cemetery as authorized by law. The county cemetery shall be\nunder the general care and supervision of such officer or employee of\nthe county or other person as the board of supervisors may direct.\n  b. Any member of the armed forces of the United States, who was a\nresident of Rockland county at the time of his induction into the armed\nforces of the United States, killed in action may be buried in such\ncounty cemetery, entirely at county expense, at the option of the next\nof kin. The board of supervisors or county legislature may adopt rules\nor regulations governing the cost, procedure for interment and rights of\nthe next of kin.\n  3. Any such county cemetery or burial plot may be designated by name\nand adequate maintenance, perpetual care, ornamentation and markers\nprovided. The board of supervisors may adopt rules governing interments\nand the rights of distributees, not inconsistent with law.\n  4. A portion or block of lots may be purchased in an existing\nincorporated cemetery association within the county for such purposes\nand title shall be taken in the name of the county. Subject to such\nconditions and restrictions as may be imposed by the incorporated\ncemetery association, adequate maintenance, perpetual care,\nornamentation and markers may be provided.\n  5. Burial plots for the indigent shall be kept separate and apart from\nplots for the burial of members of the armed forces of the United\nStates; and no member of the armed forces shall be interred in the same\npart of the cemetery as indigents.\n  5-a. The board of supervisors of any county may, by the affirmative\nvote of two-thirds of the total membership of the board, provide for the\nperpetual care, upkeep and maintenance of any cemetery located within\nthe county if such cemetery is abandoned or not controlled by an\nexisting board or body and for the care of which there exists no special\nfund or endowment and the expense thereof may be appropriated from funds\nin the county treasury not otherwise appropriated. The board of\nsupervisors may also provide that any such cemetery shall be under the\ngeneral care and supervision of such officer or employee of the county\nas the board of supervisors may direct.\n  6. Nothing herein shall be deemed to affect, impair or supersede any\nother general or special law authorizing a county to establish and\nmaintain cemeteries.\n  7. (a) No county shall, directly or indirectly:\n  (i) sell, or have, enter into or perform a lease of any of its real\nproperty dedicated to cemetery purposes or adjacent thereto to a funeral\nentity, or use any of its property for location of a funeral entity;\n  (ii) commingle funds used for cemetery purposes with a funeral entity;\n  (iii) direct or carry on its cemetery related business or affairs with\na funeral entity;\n  (iv) authorize control of its cemetery related business or affairs by\na funeral entity;\n  (v) engage in any sale or cross-marketing of goods or services with a\nfuneral entity;\n  (vi) have, enter into or perform a management or service contract for\ncemetery operations with a funeral entity; or\n  (vii) have, enter into or perform a management contract with any\nentity other than a not-for-profit or religious corporation, or\ngovernmental entity.\n  (b) Only the provisions of subparagraphs (i) and (ii) of paragraph (a)\nof this subdivision shall apply to counties with thirty acres or less of\nreal property dedicated to cemetery purposes, and only to the extent the\nsale or lease is of real property dedicated to cemetery purposes, and\nsuch cemeteries shall not engage in the sale of funeral home goods or\nservices, except if such goods and services are otherwise permitted to\nbe sold by cemeteries.\n  (c) For the purposes of this subdivision, "funeral entity" means a\nperson, partnership, corporation, limited liability company or other\nform of business organization providing funeral home services, or\nowning, controlling, conducting or affiliated with a funeral home, any\nsubsidiary thereof or any officer, director or stockholder having a ten\nper centum or greater proprietary, beneficial, equitable or credit\ninterest in a funeral home.\n