§ 4211. Cadavers; unclaimed; delivery to schools for study. 1. Except\nas hereinafter provided, and subject to the conditions specified in this\narticle, the director or person in charge of any hospital, institution,\nmorgue or other place for bodies of deceased persons not interred or\notherwise finally disposed of, and every funeral director, undertaker or\nother person having in his or her lawful possession, any body of a\ndeceased person for keeping or burial, shall deliver every body of a\ndeceased person in his or her possession, charge, custody or control not\nplaced therein by any person, agency or organization for keeping, burial\nor other lawful disposition to:\n (a) any medical college, school or institute including chiropractic\ncolleges registered by the regents of the university of the state of New\nYork as maintaining a proper standard;\n (b) any university within the state authorized by law to confer\ndegrees of doctor of medicine or doctor of dental surgery;\n (c) any other college or school incorporated under the laws of the\nstate of New York for the purpose of teaching medicine, anatomy or\nsurgery to those on whom the degree of doctor of medicine has been\nconferred;\n (d) any university within the state of New York having a medical\npreparatory or medical postgraduate course of instruction; or\n (e) any college, school or institute maintaining a mortuary science\nprogram that has either been approved by the department or holds a\ncertificate of accreditation from an accrediting organization recognized\nby the department pursuant to article thirty-four of this chapter,\nprovided, however, that such bodies remain unclaimed by any of the\naforementioned institutions. Any college, school or institute\nmaintaining a mortuary science program may only claim and utilize such\nbodies for anatomical and embalming instruction purposes.\n 2. The professors and teachers in every university, college, school or\ninstitute hereinbefore specified may receive the body of a deceased\nperson delivered or released to the university, college, school or\ninstitute, as herein provided, for the purposes of medical, anatomical\nand surgical science, anatomic embalming, and study.\n 3. No body of a deceased person shall be delivered or released to or\nreceived by, any university, college or school or institute.\n (a) if, within forty-eight hours after death it is desired for\ninterment or other lawful disposition by relatives and in the counties\nof Oneida, Onondaga, Oswego, Madison and Cortland, by relatives or\nfriends, or,\n (b) if prior to his or her death, the person shall have expressed a\ndesire that his or her body be interred or otherwise lawfully disposed\nof, is carrying an identification card upon his or her person indicating\nhis or her opposition to the dissection or autopsy of his or her body,\nor,\n (c) if the deceased person is known to have a relative whose place of\nresidence is known or can be ascertained after reasonable and diligent\ninquiry.\n 3-a. (a) In a city having a population of one million or more, no body\nof a deceased person shall be delivered or released to or received by,\nany university, college, school or institute, including any mortuary\nschool unless:\n (i) the person authorized to consent to make an anatomical gift with\nrespect to the decedent under article forty-three of this chapter makes\nsuch an anatomical gift that would encompass such delivery or release;\n (ii) the person authorized to control the disposition of such body\nunder section forty-two hundred one of this article consents in writing\nto the delivery and release of the body of such person to the\nuniversity, college, school or institute for the purpose of embalming,\ndissection or autopsy, provided that a chief fiscal officer of a county\nor a public administrator shall not be authorized to provide such\nconsent; or\n (iii) the decedent has through a lawfully executed written instrument,\nwill or trust, consen
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