Legal Opinion

Lichtman v. Highland View Cemetery Corp.

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 2001PublishedCited by 5 opinions

1Opinion of the Court

In a proceeding pursuant to Not-For-Profit Corporation Law § 1510 (e) to disinter the remains of the petitioner’s grandparents, the petitioner appeals from an order of the Supreme Court, Queens County (Polizzi, J.), dated September 13, 2000, which denied the petition and dismissed the proceeding.

Ordered that the order is affirmed, with costs.

A petition to disinter is governed by N-PCL 1510 (e), which provides, in pertinent part, that a body may be disinterred upon consent of the cemetery corporation, the owners of the lot, and of the surviving wife, husband, children, and the parents of the…

2Cases cited4 opinions

  1. Gross v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1997
  2. Briggs v. Hemstreet-BriggsAppellate Division of the Supreme Court of the State of New York · 1998
  3. Dutcher v. ParadiseAppellate Division of the Supreme Court of the State of New York · 1995
  4. Dispenza v. St. John's Cemetery, Inc.New York Supreme Court · 1939

3Cited by5 opinions

  1. Pring v. Kensico CemeteryAppellate Division of the Supreme Court of the State of New York · 2008
  2. In re the Estate of KellyAppellate Division of the Supreme Court of the State of New York · 2005
  3. Eirand-Herskowitz v. Mt. Carmel Cemetery Ass'nAppellate Division of the Supreme Court of the State of New York · 2011
  4. Afalonis v. AfalonisAppellate Division of the Supreme Court of the State of New York · 2011
  5. Corporation of the Roslyn Presbyterian Church & Congregation v. PerlmanNew York Supreme Court · 2002

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