State Codes and Statutes

Statutes > New-york > Npc > Article-15 > 1506-c

§ 1506-c. Abandoned cemetery maintenance by cemetery corporations.    (a)  Upon  application  and approval by the cemetery board, a cemetery  corporation may  assume  management  and  maintenance  of  an  abandoned  cemetery.  For  the purposes of this section, abandoned cemetery means a  cemetery which was previously owned by a cemetery corporation  organized  pursuant  to  this  chapter  or  existing  by  virtue  of the membership  corporation law, for which there no longer exists any corporate board or  body to maintain it, and for which there is no sufficient trust fund  or  endowment  to  provide  ordinary  and  necessary  care  and maintenance.  Provided, however, that in no event shall the cemetery board approve the  assumption of the management and maintenance of  an  abandoned  cemetery  under  this  section  if  the abandoned cemetery was affiliated with any  religious denomination or tradition or if the majority  of  the  persons  whose  bodies  were  interred  in such cemetery were affiliated with any  religious denomination or tradition unless  the  cemetery  assuming  the  management  and  maintenance  of  such  abandoned  cemetery  follows the  customs and practices of the same religious denomination or tradition.    (b) A cemetery corporation assuming management and maintenance  of  an  abandoned   cemetery  shall  make  application  for  funds  pursuant  to  paragraph (h) of section fifteen  hundred  seven  of  this  article  and  section  ninety-seven-r  of  the  state  finance  law for maintenance of  abandoned cemeteries. Within sixty days of  submission  of  a  completed  application, the cemetery board shall approve or deny such application.    (c)  Monies  disbursed under such assumption shall be used exclusively  for the purpose of  the  management  and  maintenance  of  an  abandoned  cemetery  such  as  the  ordinary  and  necessary  care  of  a cemetery,  including the removal of grass and weeds, the refilling of  graves,  and  the  preservation,  care,  and fencing of a cemetery, and also including  the care of crypts, niches, grave sites, monuments, and  memorials  paid  for  by  means of the general fund or special fund or the income applied  from the permanent  maintenance  fund,  perpetual  care  fund,  monument  maintenance  fund,  general  fund,  or  a  special fund of the abandoned  cemetery.    (d) Any residual funds disbursed to a cemetery corporation  after  the  maintenance of an abandoned cemetery has been performed must be returned  to  the  cemetery  board for redeposit into the state cemetery vandalism  restoration,  monument  repair  or  removal  and   administration   fund  established by section ninety-seven-r of the state finance law.    (e)  Within  ninety days of its receipt of disbursements, the cemetery  corporation shall make a report to  the  cemetery  board  setting  forth  details  of  the  maintenance  and clean-up undertaken and the amount of  funds, if any, to be redeposited into the fund. If the  maintenance  and  clean-up  have  not  been completed, or necessary equipment has not been  purchased, the reasons therefor shall be set forth, and the  anticipated  date for a subsequent, final report shall be disclosed.

State Codes and Statutes

Statutes > New-york > Npc > Article-15 > 1506-c

§ 1506-c. Abandoned cemetery maintenance by cemetery corporations.    (a)  Upon  application  and approval by the cemetery board, a cemetery  corporation may  assume  management  and  maintenance  of  an  abandoned  cemetery.  For  the purposes of this section, abandoned cemetery means a  cemetery which was previously owned by a cemetery corporation  organized  pursuant  to  this  chapter  or  existing  by  virtue  of the membership  corporation law, for which there no longer exists any corporate board or  body to maintain it, and for which there is no sufficient trust fund  or  endowment  to  provide  ordinary  and  necessary  care  and maintenance.  Provided, however, that in no event shall the cemetery board approve the  assumption of the management and maintenance of  an  abandoned  cemetery  under  this  section  if  the abandoned cemetery was affiliated with any  religious denomination or tradition or if the majority  of  the  persons  whose  bodies  were  interred  in such cemetery were affiliated with any  religious denomination or tradition unless  the  cemetery  assuming  the  management  and  maintenance  of  such  abandoned  cemetery  follows the  customs and practices of the same religious denomination or tradition.    (b) A cemetery corporation assuming management and maintenance  of  an  abandoned   cemetery  shall  make  application  for  funds  pursuant  to  paragraph (h) of section fifteen  hundred  seven  of  this  article  and  section  ninety-seven-r  of  the  state  finance  law for maintenance of  abandoned cemeteries. Within sixty days of  submission  of  a  completed  application, the cemetery board shall approve or deny such application.    (c)  Monies  disbursed under such assumption shall be used exclusively  for the purpose of  the  management  and  maintenance  of  an  abandoned  cemetery  such  as  the  ordinary  and  necessary  care  of  a cemetery,  including the removal of grass and weeds, the refilling of  graves,  and  the  preservation,  care,  and fencing of a cemetery, and also including  the care of crypts, niches, grave sites, monuments, and  memorials  paid  for  by  means of the general fund or special fund or the income applied  from the permanent  maintenance  fund,  perpetual  care  fund,  monument  maintenance  fund,  general  fund,  or  a  special fund of the abandoned  cemetery.    (d) Any residual funds disbursed to a cemetery corporation  after  the  maintenance of an abandoned cemetery has been performed must be returned  to  the  cemetery  board for redeposit into the state cemetery vandalism  restoration,  monument  repair  or  removal  and   administration   fund  established by section ninety-seven-r of the state finance law.    (e)  Within  ninety days of its receipt of disbursements, the cemetery  corporation shall make a report to  the  cemetery  board  setting  forth  details  of  the  maintenance  and clean-up undertaken and the amount of  funds, if any, to be redeposited into the fund. If the  maintenance  and  clean-up  have  not  been completed, or necessary equipment has not been  purchased, the reasons therefor shall be set forth, and the  anticipated  date for a subsequent, final report shall be disclosed.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Npc > Article-15 > 1506-c

§ 1506-c. Abandoned cemetery maintenance by cemetery corporations.    (a)  Upon  application  and approval by the cemetery board, a cemetery  corporation may  assume  management  and  maintenance  of  an  abandoned  cemetery.  For  the purposes of this section, abandoned cemetery means a  cemetery which was previously owned by a cemetery corporation  organized  pursuant  to  this  chapter  or  existing  by  virtue  of the membership  corporation law, for which there no longer exists any corporate board or  body to maintain it, and for which there is no sufficient trust fund  or  endowment  to  provide  ordinary  and  necessary  care  and maintenance.  Provided, however, that in no event shall the cemetery board approve the  assumption of the management and maintenance of  an  abandoned  cemetery  under  this  section  if  the abandoned cemetery was affiliated with any  religious denomination or tradition or if the majority  of  the  persons  whose  bodies  were  interred  in such cemetery were affiliated with any  religious denomination or tradition unless  the  cemetery  assuming  the  management  and  maintenance  of  such  abandoned  cemetery  follows the  customs and practices of the same religious denomination or tradition.    (b) A cemetery corporation assuming management and maintenance  of  an  abandoned   cemetery  shall  make  application  for  funds  pursuant  to  paragraph (h) of section fifteen  hundred  seven  of  this  article  and  section  ninety-seven-r  of  the  state  finance  law for maintenance of  abandoned cemeteries. Within sixty days of  submission  of  a  completed  application, the cemetery board shall approve or deny such application.    (c)  Monies  disbursed under such assumption shall be used exclusively  for the purpose of  the  management  and  maintenance  of  an  abandoned  cemetery  such  as  the  ordinary  and  necessary  care  of  a cemetery,  including the removal of grass and weeds, the refilling of  graves,  and  the  preservation,  care,  and fencing of a cemetery, and also including  the care of crypts, niches, grave sites, monuments, and  memorials  paid  for  by  means of the general fund or special fund or the income applied  from the permanent  maintenance  fund,  perpetual  care  fund,  monument  maintenance  fund,  general  fund,  or  a  special fund of the abandoned  cemetery.    (d) Any residual funds disbursed to a cemetery corporation  after  the  maintenance of an abandoned cemetery has been performed must be returned  to  the  cemetery  board for redeposit into the state cemetery vandalism  restoration,  monument  repair  or  removal  and   administration   fund  established by section ninety-seven-r of the state finance law.    (e)  Within  ninety days of its receipt of disbursements, the cemetery  corporation shall make a report to  the  cemetery  board  setting  forth  details  of  the  maintenance  and clean-up undertaken and the amount of  funds, if any, to be redeposited into the fund. If the  maintenance  and  clean-up  have  not  been completed, or necessary equipment has not been  purchased, the reasons therefor shall be set forth, and the  anticipated  date for a subsequent, final report shall be disclosed.