Eirand-Herskowitz v. Mt. Carmel Cemetery Ass'n

*1232The petitioner commenced this proceeding pursuant to Not-For-Profit Corporation Law § 1510 (e) to disinter the remains of her husband (hereinafter the decedent) from the Mount Carmel Cemetery in Queens. The grounds for the petition were that it was the decedent’s wish to be buried alongside the petitioner, his wife, and that the cemetery would not allow the petitioner, a non-Jew, to be buried alongside the decedent, who was Jewish. Jean Herskowitz and Nanci Gordon, who are the mother and the sister of the decedent, opposed the petition.

In the absence of consent by, among others, the parents…