Pinelawn Cemetery v. Simon

In this proceeding brought under article 78 of the Civil Practice Act, the petitioner (Pinelawn), a membership corporation, which owns and operates a nonsectarian cemetery in Suffolk County, New York, known as Pine-*655lawn Memorial Park, challenges an order and determination of the Cemetery Board in the Division of Cemeteries in the Department of State of the State of New York (referred to as the Cemetery Board or the Board), substantially disallowing increases in various service charges sought to be established by Pinelawn.

The charges in question are governed by section 82 of the Membership…