New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter VI - Division of Cemeteries
Part 202 - Cemetery Abandonments
Section 202.3 - Steps to Avoid Abandonment
Current through Register Vol. 46, No. 12, March 20, 2024
The division may at any time determine that a cemetery is at risk of abandonment and, together with the cemetery, take the following steps, as appropriate, to avoid abandonment:
(a) Contact local officials to seek their support and assistance and to provide them the following information:
(b) Contact other cemeteries that may have the ability and willingness to merge or consolidate with, or assume the management and maintenance of the cemetery in danger of abandonment and provide them appropriate information.
(c) Commence an audit and inspection of the cemetery as soon as practicable.
(d) Conduct a meeting between the division and cemetery representatives to plan steps to be taken to avoid abandonment. Notice of the meeting shall be posted on the cemetery's and the division's website and local officials and other cemeteries should be invited and encouraged to attend. The attendees should consider the following:
(e) The risk of abandonment should be made part of the agenda of the next regular lot owner meeting or, if the regular lot owner meeting is more than three months after the division notifies local officials that the cemetery is at risk of abandonment as provided in paragraph (a), above, it should be made part of the agenda for a special lot owner meeting scheduled to occur within such three-month period. Prior to such meeting the cemetery should:
In addition to any notices required by the Not-for-Profit Corporation Law, the division shall post notice of such meetings on its website at least 30 days before the meeting.
(f) The division will attend the lot owner meeting and be available to assist the cemetery with the following:
(g) At least quarterly, the division shall report to the board any actions taken pursuant hereto.