Matter of Currier (Woodlawn Cemetery)

We think that on this record there was no room at Special Term for the exercise of discretion in favor of petitioner and that its attempted exercise was error as matter of law. No case has been called to our attention in this or any other State which discloses the exercise of discretion on facts such as those here presented. The statute presented for our consideration is section 89 of the Membership Corporations Law. It reads as follows: “A body interred in a lot in a cemetery owned or operated by a corporation incorporated by or under a general or special law may be removed therefrom, with…