2023 New York Laws › GMU - General Municipal › Article 8 - Cemeteries › 164 - Abandonment of Cemeteries in Cities of Less Than One Million.

§  164.  Abandonment of cemeteries in cities of less than one million.
  Upon a verified petition presented to a judge of a court  of  record  by
  the  common  council  of any city of less than one million, the judge to
  whom said verified petition was 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 potters
  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  city  or  in  a  town or city adjoining the city in which the
  remains of each deceased person or persons are buried, or in lands owned
  by said city for cemetery purposes, 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  the
  common council of the city 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
  the 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 city or within a town or city adjoining said 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 city in which the cemetery is  situated  from
  which  the  removal is made and such expenses shall be a city charge and
  audited and paid in the same manner as other charges. On  or  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 city in
  which the remains were originally buried at a rate not to  exceed  fifty
  cents 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 unless said remains have been removed to  lands  owned  by
  said  city  for  cemetery  purposes, in which case such payment shall be
  made under the provisions of the city ordinance providing for  the  care
  and  upkeep of said cemetery lands owned by said city. Any city owning a
  lot or lots  in  a  cemetery  maintained  by  an  incorporated  cemetery
  association  in  which  the remains of the 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
  relatives of  the  deceased  person  or  the  officer  of  any  cemetery
  association  in  which  the  remains  of 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 to which the removal is permitted
  to  be made and in each case the final order shall provide the amount of
  expenses  of  such  removals  and  reinterment  and  resetting  of   the
  headstones or monument, including the expenses for 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 said removal is permitted, such  old  headstone
  or  monument  need  not  be so removed and reset in which case the final
  order shall not provide for the expense of resetting.   The order  shall
  designate  the  person  or  persons  having  charge  of  the removals or
  reinterments. Upon completion of the removal, reinterment  or  resetting
  the headstones or monuments, the person or persons having charge of 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
  city purposes as the common council of such city may determine  and  may
  be  conveyed  or  otherwise disposed of in the same manner as other city
  lands.