Title 19 Part 201

The cemetery board authorizes the director to approve an interment in a path, alley, avenue or walk, under a conveyance made prior to September 1, 1949, where, in the opinion of the director, there will remain reasonable access to other lots, plots and graves.

The certificate of authority for a foreign corporation to do business in this State in the selling or offering for sale of cemetery lots, plots or parts thereof, located within this State, cannot be issued without the prior approval of the Cemetery Board. The Cemetery Board will approve a certificate of authority of a foreign corporation only upon condition that the foreign corporation is and shall be in compliance with the provisions of N-PCL article 15.

(Name of Cemetery) is regulated by the New York State Cemetery Board (Phone number of nearest office of NYS Division of Cemeteries, or hotline) If the cemetery corporation does not have a main office on or adjacent to the cemetery premises that is open during regular business hours at least five days per week, it shall post such notice at the main entrance to the cemetery in no less than 40-point type. Such notice shall also include the name, title and office telephone number of the superintendent or other person with primary responsibility for the operation of the cemetery.

Every cemetery corporation shall be available for interments at least six days per week (legal holidays excluded) as set forth in the cemetery's regulations or in accordance with its practices, except as otherwise ordered by the Cemetery Board. Any cemetery which maintains and designates a burial section for persons of a particular religious belief must remain available for grave openings and interments Sunday through Friday or other six-day period in accordance with the religious and/or ethnic traditions of the persons interred in said religious section. Nothing herein shall require a cemetery to provide grave openings and/or interments if they are otherwise unable to do so as a direct consequence of severe weather conditions or other similar conditions.

A cemetery may not sell or assign burial rights, crypts or niches to a person or persons who will not use these plots or crypts directly. A group of persons not related by family ties may not purchase land from the cemetery for the purpose of erecting a public mausoleum or columbarium under contract with an operator. Only a cemetery may undertake to construct and own a public mausoleum or columbarium.

A copy of the rules and regulations, filed and approved pursuant to N-PCL section 1509, setting forth the cemetery's and the lot owner's obligations and responsibilities, shall be furnished to a purchaser at the time the sales contract is signed.

A management services contract means any agreement whereby one cemetery corporation undertakes responsibility for the sale of lots or promotion thereof, the maintenance of grounds or property, or the performance of interments for another cemetery corporation. No cemetery corporation shall enter into a management services contract without notification to the board at least 60 days in advance of its commencement date.

The owner of private property on which a pet cemetery licensed pursuant to General Business Law article 35-C is located and operated, and the operator of such pet cemetery may permit the disposition of cremains, as defined in N-PCL section 1502(i), in such pet cemetery without acting as a cemetery and without violating N-PCL article 15 and 19 NYCRR Parts 200 and 201 if:

“This property is not a cemetery for human cremains.

Cremains disposed of on this property WILL NOT be covered by the protections and legal rights granted by New York State Law to cremains disposed of in a cemetery.

The family and descendants of the deceased WILL NOT be covered by the protections and legal rights granted by New York State Law to the family and descendants of deceased persons whose cremains are disposed of in a cemetery such as mandatory records of burials, rights of memorialization and restrictions on removals.

There is NO ASSURANCE under New York State Law that this property will be maintained in its current condition and for its current purpose.

There is NO ASSURANCE under New York State Law that this property will not be sold or transferred to another owner, or that access to this property will remain open to you, the family or the descendants of the deceased.

There is NO ASSURANCE under New York State Law that any burial plots or memorials for cremains on this property will be maintained or preserved for any period of time.

There is NO ASSURANCE under New York State Law that any cremains disposed of on this property will remain for any period of time in the location they were disposed, or on this property at all.”