2023 New York Laws › RCO - Religious Corporations › Article 2 - General Provisions › 9 - Removal of Human Remains From One Cemetery of a Religious Corporation to Another Cemetery Owned by It.

§  9.  Removal  of  human  remains  from  one  cemetery of a religious
  corporation to another cemetery owned by it.   A religious  corporation,
  notwithstanding  the  restrictions contained in any conveyance or devise
  to it, may remove the human remains buried in a cemetery owned by it, or
  when such church corporation is situated within or outside of a city  in
  the  grounds  surrounding  the  church belonging to such corporation, to
  another cemetery owned by it, or to a plot or lot acquired by it in  any
  other  cemetery located in the same county, or in any town adjoining the
  town or city in which the cemetery wherein such human remains are buried
  is located,  if  the  trustees  thereof  so  determine,  and  if  either
  three-fourths  of  the members of such corporation, qualified to vote at
  its corporate meetings, sign and acknowledge and cause to be recorded in
  the office of the clerk of the county in which such cemetery or  a  part
  thereof  is  situated, a written consent thereto, or if approval thereof
  be given  by  the  vote  of  three-fourths  of  those  members  of  such
  corporation qualified to vote, who shall be present and vote thereon, at
  a  corporate  meeting  of  such  corporation,  specially called for that
  purpose, a quorum of at least  eight  qualified  voters  being  present.
  Provided,  however,  that  in  lieu  of  such  removal by such religious
  corporation it shall be lawful for the surviving spouse or any  heir  of
  any  decedent,  upon  obtaining  permission  of  the county court of the
  county, or of the supreme court in the district, where the cemetery from
  which the removal is proposed, is situated, at his own expense to  cause
  the removal of such remains and tombstones, monuments or other erections
  and  the  reinterment  of  such  remains  and  the  replacement  of such
  tombstones, monuments or other erections in some other cemetery selected
  by the applicant, the notice of which application for permission  to  be
  given  in  the  manner and to those designated by the court. But if such
  corporation be a church, previous notice of the object of  such  meeting
  shall  be published once each week for at least four successive weeks in
  a newspaper of the town, village or city  in  which  the  cemetery  from
  which  the  removal  is  proposed,  is  situated,  or if no newspaper is
  published therein, then in a newspaper designated by the county judge of
  such county. Such removal shall be made in an appropriate manner and  in
  accordance  with  such  directions  as  to the manner thereof, as may be
  given by the board of health of the town, village or city in  which  the
  cemetery  from  which  the removal is made, is situated. All tombstones,
  monuments or other erections at or upon any grave from which any remains
  are removed, shall be properly replaced or raised at the grave where the
  remains  are  reinterred.  Such  religious  corporation  may,   in   its
  discretion,  erect  one  or more tombstones, monuments or other suitable
  markers appropriately inscribed as a memorial for  all  those  decedents
  whose  remains  shall  not  be found for removal or reinterment, but the
  said religious corporation shall make a  certificate  setting  forth  an
  exact  copy  of  all  inscriptions on each tombstone, monument, or other
  erection which shall not be replaced or raised  because  of  failure  to
  find remains for removal and reinterment, and shall file the same in the
  cemetery  office  or in the office of the town or city clerk of the town
  or city in which  the  cemetery  from  which  removal  is  proposed,  is
  situated;  all  tombstones, monuments or other erections not so replaced
  or raised shall be disposed of by such religious corporation as it shall
  determine and such certificate, in addition to such inscriptions,  shall
  state the disposition so made.