New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter VI - Division of Cemeteries
Part 201 - Cemetery Operations
Section 201.12 - Holiday burials
Current through Register Vol. 46, No. 12, March 20, 2024
(a) In the case of requests for burial on those days which by union contract, or by established operating policy, are decreed "holidays", each request for burial on such days which is received at the office of the cemetery by 9 a.m. of said holiday shall be complied with by such cemetery, except as may be impossible by reason of the physical condition of the gravesite or the unavailability of grave digging personnel.
(b) The cemetery shall make any and all arrangements necessary to receive said requests and, upon receipt of such request, the cemetery shall immediately make any and all necessary arrangements to comply therewith. It shall, no later than 10:30 a.m. of said holiday, advise the funeral director, the family of the deceased and the person who made such request (if neither a member of the family nor the funeral director) of its ability to comply therewith and fixing the time of burial. In the event that the cemetery is unable to comply with said request, it shall so advise said persons orally and by letter setting forth the reason for such inability to comply with said request; a copy of said writing shall be also sent to the division as required by subdivision (d) of this section.
(c) In addition to the regular approved charge, identifiable extra costs incurred may be charged to the burial, consistent with N-PCL section 1509(d), provided that the total amount to be paid is stated in writing to the family of the deceased at the time of the request for burial and, further, provided that a copy of such statement shall be simultaneously filed with the Cemetery Board at its office in New York City.
(d) Each cemetery shall make every effort, in good faith, to comply with such requests. In the event of its inability to comply therewith, said cemetery shall furnish to the Cemetery Board reasons for its inability, in each instance, to provide for the aforesaid burial.
