(DOWNLOAD) "New York State Association of Cemeteries" by Albany County New York Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: New York State Association of Cemeteries
- Author : Albany County New York Supreme Court
- Release Date : January 14, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
The New York State Cemetery Board was created, as relevant here, "[t]o adopt such reasonable rules and regulations as the cemetery board shall deem necessary for the proper administration of this article*fn1" (see N-PCL § 1504 [c]). For many years prior to 1985, the rules and regulations of the Cemetery Board prohibited cemetery corporations from compelling lot owners to utilize a non-wooden outer container within cemetery graves. The prohibition was found to impose an undue hardship upon public cemeteries in that graves which did not have a concrete outer container were prone to sinking over time (as the wooden caskets gradually collapsed), thereby necessitating that cemeteries perform costly repair work. As a consequence, the Cemetery Board, in 1984, revised § 202.6 of the Rules of the Department of State to authorize cemeteries, under certain conditions, to require lot owners to purchase either a concrete grave liner or a concrete burial vault (see 19 NYCRR former § 202.6, filed and effective December 27, 1984, referred to hereinafter as "former Rule 202.6"). Once it was determined that cemetery corporations should be permitted to require either a grave liner or a burial vault in its graves, the Cemetery Board considered whether cemetery corporations should be permitted to sell these items to the purchasers of cemetery lots. The Cemetery Board determined that cemetery corporations should be permitted to sell grave liners, but not burial vaults (see former Rule 202.6 [c] [5]). The prohibition against sale of burial vaults was carried forward into the current version of the Rule, enacted on February 14, 1990 (see § 201.6 [6] of the Rules of the Department of State, 19 NYCRR § 201.6 [6], hereinafter "current Rule 201.6 [6]").
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