New York Town Code § 295

Removal of remains of deceased members of armed forces
Open in Lexace · Ask the AI about this section
§ 295. Removal of remains of deceased members of armed forces. Upon a\nverified petition presented to a judge of a court of record by any armed\nforces' organization in any town or city in this state by a majority of\nits officers, or a majority of any memorial committee in any town or\ncity where there are two or more veteran armed forces' organizations, or\nin towns or cities where there are no veteran armed forces'\norganizations, upon the petition of five or more veterans of the armed\nforces, the judge to whom said verified petition is presented shall make\nan order to show cause, returnable before him or her at a time and place\nwithin the county in not less than fourteen or more than twenty days\nfrom the date of presentation of said petition, why the remains of any\ndeceased members of the armed forces buried in potter's field, or in any\nneglected or abandoned cemeteries, should not be removed to and\nreinterred in a properly kept incorporated cemetery in the same town or\ncity or in a town adjoining the town or city in which the remains of a\ndeceased member of the armed forces are buried, and to fix the amount of\nthe expenses for such removal and reinterment, and the order to show\ncause shall provide for its publication in a newspaper, to be designated\nin the order, which is published nearest to the cemetery from which the\nremoval is sought to be made, once in each week for two successive\nweeks. The verified petition presented to the judge shall show that the\npetitioners are a majority of the officers of a veteran armed forces\norganization, or a majority of a memorial committee in towns or cities\nwhere two or more veteran armed forces organizations exist, or that the\npetitioners are honorably discharged veterans of the armed forces in\ntowns or cities where no veteran armed forces organization exists, or\nthat the petitioners have a qualifying condition, as defined in section\none of the veterans' services law, and received a discharge other than\nbad conduct or dishonorable from such service and are in towns or cities\nwhere no veteran armed forces organizations exist, or that the\npetitioners are discharged LGBT veterans, as defined in section one of\nthe veterans' services law, and received a discharge other than bad\nconduct or dishonorable from such service and are in towns and cities\nwhere no veteran armed forces organizations exist, and (1) the name of\nthe deceased member or members of the armed forces, whose remains are\nsought to be removed, and if known the unit in which he, she or they\nserved; (2) the name and location of the cemetery in which he or she is\ninterred and from which removal is asked to be made; (3) the name and\nlocation of the incorporated cemetery to which the remains are desired\nto be removed and reinterred; (4) the facts showing the reasons for such\nremoval. Upon the return day of the order to show cause and at the time\nand place fixed in said order, upon filing proof of publication of the\norder to show cause with the judge, if no objection is made thereto, he\nor she shall make an order directing the removal of the remains of said\ndeceased member or members of the armed forces to the cemetery\ndesignated in the petition within the town or city or within a town\nadjoining the town or city in which the remains are then buried and\nshall specify in the order the amount of the expenses of such removal,\nwhich expenses of removal and reinterment, including the expense of the\nproceeding under this section, shall be a charge upon the county in\nwhich the town or city is situated from which the removal is made and\nsuch expenses shall be a county charge and audited by the board of\nsupervisors of the county and paid in the same manner as other county\ncharges. On and after the removal and reinterment of the remains of the\ndeceased member or members of the armed forces in the armed forces'\nplot, the expenses for annual care of the grave in the armed forces'\nburial plot to w

‹ Prev All New York sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.