NY Town L § 296 (2021)
2021 New York Laws TWN - Town Article 17 - Cemeteries 296 - Abandonment of Cemeteries.

§  296.  Abandonment of cemeteries. Upon a verified petition presented   to a judge of a court of record by any supervisor of any  town  in  this   state,  the judge to whom said verified petition is presented shall make   an order to show cause, returnable before him at a time and place within   the county in not less than twenty days from the date of presentation of   said petition, why the remains of any deceased person buried in potter's   field, or in any neglected or abandoned cemeteries in which no  deceased   person  shall  have  been  interred  within  twenty years, should not be   removed to and reinterred in a properly kept  incorporated  cemetery  in   the  same  town  or  in  a  town or city adjoining the town in which the   remains of each deceased person or persons are buried, and  to  fix  the   amount  of  expenses  for such removal and reinterment, and the order to   show cause shall provide for its  publication  in  a  newspaper,  to  be   designated in the order, which is published nearest to the cemetery from   which  the  removal  is to be made, once in each week for two successive   weeks. The verified petition presented to the judge shall show that  the   petitioner is a supervisor of the town in which said cemetery is located   and  (1)  the  name  of the deceased person or persons whose remains are   sought to be removed, if  known;  (2)  the  name  and  location  of  the   cemetery  in  which he is interred and from which removal is asked to be   made; (3) the name and location of the incorporated  cemetery  to  which   the  remains  are  desired  to  be removed and reinterred; (4) the facts   showing the reasons for such removal. Upon the return day of  the  order   to show cause and at the time and place fixed in said order, upon filing   proof  of  publication  of the order to show cause with the judge, if no   objection is made thereto, he shall make an order directing the  removal   of  the  remains  of  said  deceased  person  or persons to the cemetery   designated in the petition within the town or  city  or  within  a  town   adjoining  the  town  or  city  in which the remains are then buried and   shall specify in the order the amount of the expenses of  such  removal,   which  expenses of removal and reinterment, including the expense of the   proceeding under this section, shall be a charge upon the town in  which   the  cemetery  is  situated  from  which  the  removal  is made and such   expenses shall be a town charge and audited by the town board  and  paid   in  the  same manner as other town charges. On and after the removal and   reinterment of the remains  of  any  deceased  person  or  persons,  the   expenses  for  annual  care  of  the  grave in the cemetery to which the   removal is made shall be annually provided by  the  town  in  which  the   remains  were  originally  buried at a rate not to exceed twenty dollars   per grave, and shall be  paid  annually  to  the  incorporated  cemetery   association  to which the remains of each deceased person may be removed   or reinterred. Any town owning a lot or lots in a cemetery maintained by   an incorporated cemetery association in which the  remains  of  deceased   persons  have  been  or may be buried pursuant to this section, however,   may pay such association an amount sufficient to provide perpetual  care   therefor.  The  petition  and order shall be filed in the county clerk's   office of the county in which the remains of the  deceased  person  were   originally  interred,  and  the service of a certified copy of the final   order upon the cemetery association shall be made prior to any  removal.   Any  relative  of  the  deceased  person  or the officer of any cemetery   association in which the remains of the deceased person were  originally   interred  may  oppose  the  granting  of  said order and the judge shall   summarily hear the statement of the parties and make such order  as  the   justice  and  equity  of the application shall require. Any headstone or   monument which marks the grave of the deceased person shall  be  removed   and reset at the grave in the cemetery in which the removal is permitted   to  be made and in each case the final order shall provide the amount of   the expenses of such removals  and  reinterment  and  resetting  of  the    headstone  or  monument, including the expenses of the proceedings under   this section; except that where provision  is  otherwise  made  for  the   purchase or erection of a new headstone, monument or marker at the grave   in  the  cemetery to which such removal is permitted, such old headstone   or monument need not be so removed and reset, in which case  such  final   order  shall  not  provide for the expense of resetting. The order shall   designate the person or  persons  having  charge  of  the  removals  and   reinterments.  Upon completion of the removal, reinterment and resetting   of the headstones or monuments, the person or persons having  charge  of   the  same  shall  make a verified report of the removal, reinterment and   resetting of the headstone or  monument  and  file  the  report  in  the   clerk's office of the proper county.After said bodies shall have been removed and reinterred in the manner   prescribed by said order, said lands in which such deceased persons were   originally  interred shall be available for and subject to such uses for   town purposes as the town board of such town may determine  and  may  be   conveyed  or  otherwise  disposed  of  in  the same manner as other town   lands.