NY Not for Profit Corp L § 1505 (2021)
2021 New York Laws NPC - Not-For-Profit Corporation Article 15 - Public Cemetery Corporations 1505 - Special Requirements of Incorporation.

§ 1505. Special requirements of incorporation.  (a)  Certificate of incorporation; additional contents. In addition to the  requirements  of  section  four   hundred   two   (Certificate   of incorporation; contents), the certificate of incorporation of a cemetery corporation  shall be filed in the office of the clerk of each county in which any part of the cemetery is proposed to be, or is,  situated,  and shall  state:  (1)  each city, village or town, and county, in which any part of the cemetery is or is proposed to be situated; and (2) the  time of the annual meeting.  (b)  Cemetery board endorsement. Every certificate of incorporation of a cemetery corporation, except those within the exclusionary  provisions of section fifteen hundred three, shall have endorsed thereon or annexed thereto  the  approval  of the cemetery board as required in subdivision (e) of section four hundred four of this chapter.  (c) Type of  corporation.  A  cemetery  corporation  is  a  charitable corporation under this chapter.  (d)  Lot  owners in unincorporated cemeteries may incorporate. (1) Not less than three owners of lots in an unincorporated cemetery may cause a notice to be posted in at least six conspicuous places in the city, town or village in which such cemetery is located, and to be  published  once in  each  week  for  three  successive  weeks  in  a  newspaper, if any, published in such  municipality,  stating  that  at  a  time  and  place specified, a meeting of the lot owners will be held to determine whether such  cemetery  shall be incorporated, pursuant to this chapter. (2) The meeting shall be held at a convenient place in the city, town or village in which the cemetery is located, not less  that  twenty-five  nor  more than  thirty  days after the first posting and publication of the notice of the meeting. At such meeting every lot owner shall be entitled to one vote in person or by proxy for  each  lot  owned  by  him.  The  persons entitled  to vote at such meeting shall select a chairman and secretary, and determine by ballot whether or not the lot owners shall  incorporate pursuant  to this chapter. (3) If a majority of the ballots are in favor of incorporation, the persons entitled to vote  at  such  meeting  shall select  three  lot  owners  to  incorporate  and  the provisions of this chapter shall be applicable, except that three persons may  incorporate, and  the  corporation  shall  not  be  required  to have more than three directors. Upon such incorporation, the lot owners shall be  members  of the  corporation, and it shall be vested with the title to such cemetery and the personal property appertaining thereto.  If  the  title  to  the cemetery has prior to such incorporation vested in the town, pursuant to section  two  hundred  and  ninety-one of the town law of section one of title seven of chapter eleven of part one of the  revised  statute,  the supervisor  of  such  town  shall  on  request  of the directors of such corporation, execute to it a deed of such cemetery lands  releasing  all interest  of  the town therein, and thereafter the title shall be vested in the corporation.