New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter VI - Division of Cemeteries
Part 201 - Cemetery Operations
Section 201.2 - Sale of lots or graves purchased prior to September 1, 1949 for purpose of resale
Universal Citation: 19 NY Comp Codes Rules and Regs ยง 201.2
Current through Register Vol. 46, No. 12, March 20, 2024
(a) The Cemetery Board will approve resale of a lot or grave owned by persons, firms or corporations engaged in the business or practice of funeral directing pursuant to article 34 of the Public Health Law prior to September 1, 1949, there being no objectionable factors, upon proof that the cemetery corporation has refused to repurchase the same as provided in section 1513(c) of the Not-for-Profit Corporation Law provided that:
(1) the resale be made only for immediate use
and not in advance of need, except for the sale of a reserve grave for a spouse
if purchased at the same time as the grave purchased for immediate
use;
(2) the price shall be as
closely equivalent as possible to the price posted and filed by the cemetery
corporation for a comparable lot or grave;
(3) the seller shall pay to the cemetery
corporation wherein the lot or grave is located within five days of the signed
agreement, a sum equivalent to 25 percent of the gross resale price, which sum
shall thereupon be deposited by the cemetery corporation into its permanent and
current maintenance funds as established by and subject to the provisions of
section
1507(a) of the
Not-for-Profit Corporation Law, as follows: not less than 25 percent into the
statutory funds.
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