Legal Opinion
In re Conroy
Appellate Division of the Supreme Court of the State of New York
Decided June 30, 1988PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Casey, J.
At issue on this appeal is whether Supreme Court abused its discretion by granting petitioner’s application pursuant to N-PCL 1510 (e), seeking to disinter decedent’s body, without holding a hearing on the issue of decedent’s wishes concerning his burial. We hold that, in the circumstances of this case, it was an abuse of discretion to grant the application without a hearing.
Initially, we note that this matter was before this court on a prior occasion when we held that petitioner, decedent’s wife, had not complied with the relevant statutory provisions for seeking…
2Cases cited5 opinions
- Matter of Currier (Woodlawn Cemetery)New York Court of Appeals · 1949
- Orlin v. TorfAppellate Division of the Supreme Court of the State of New York · 1987
- In re the Estate of LevinskyAppellate Division of the Supreme Court of the State of New York · 1965
- Bechard v. EisingerAppellate Division of the Supreme Court of the State of New York · 1984
- In re the Estate of ConroyAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by8 opinions
- In re the Estate of JanisNew York Surrogate's Court · 1993
- Booth v. HuffAppellate Division of the Supreme Court of the State of New York · 2000
- Briggs v. Hemstreet-BriggsAppellate Division of the Supreme Court of the State of New York · 1998
- Dutcher v. ParadiseAppellate Division of the Supreme Court of the State of New York · 1995
- In re the Estate of ElmanNew York Supreme Court · 1991
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