§ 8. New York state supplemental burial allowance for members of the\nuniformed services of the United States killed in combat or duty subject\nto hostile fire or imminent danger, as defined in 37 USC § 310. 1. As\nused in this section, "parent" means a father, a mother, a father\nthrough adoption, a mother through adoption, or an individual who, for a\nperiod of not less than one year, at any time before the decedent's\nentry into active military service stood in the relationship of a parent\nto a decedent who died in combat or duty subject to hostile fire or\nimminent danger, as defined in 37 USC § 310, or who died from a wound\nincurred in combat or while serving on duty subject to hostile fire or\nimminent danger, as defined in 37 USC § 310 or, if two persons stood in\nthe relationship of a parent for one year or more, the person who bore\nthe expenses of the funeral of the decedent.\n 2. As used in this section, (a) "wound" means a physical injury to a\nservicemember on active duty caused by (i) a bullet, shrapnel, or other\nprojectile; (ii) a mine or trap; (iii) an explosion; (iv) a vehicle or\naircraft accident not caused by the servicemember's willful misconduct;\nor (v) any other action caused or induced by the enemy directly\nresulting in physical harm to the servicemember.\n (b) "burial receptacle" means (i) a casket, which shall mean a rigid\ncontainer that is designed for the encasement of human remains and\ncustomarily ornamented and lined with fabric, (ii) an urn, which shall\nmean a container of wood, metal, pottery, or other material designed for\nthe storage of cremated human remains, and/or (iii) an outer burial\nreceptacle, which shall mean a graveliner, burial vault, or other\nsimilar type of container for the placement of a casket or urn.\n 3. There is hereby established within the department a New York state\nsupplemental burial allowance for any member of the uniformed services\nof the United States who: (a) died in combat or duty subject to hostile\nfire or imminent danger, as defined in 37 USC § 310 or died from a wound\nincurred in combat or while serving on duty subject to hostile fire or\nimminent danger, as defined in 37 USC § 310, other than the exceptions\nnoted in paragraphs (d), (e) and (f) of subdivision four of this\nsection, and (b) who was (i) a resident of New York state at the time of\nhis or her death or (ii) a nonresident of New York state at the time of\nhis or her death and a member of the New York Army National Guard or New\nYork Air National Guard at the time he or she entered title 10, United\nStates Code, federal active duty status during which period of service\nhe or she died.\n 4. (a) The purpose of the program is to administer and monitor a\nsupplemental allowance program to aid families of military personnel who\ndied in combat or duty subject to hostile fire or imminent danger, as\ndefined in 37 USC § 310, or died from a wound incurred in combat or duty\nsubject to hostile fire or imminent danger, as defined in 37 USC § 310,\nwith respect to expenses incurred in connection with the decedent's\nfuneral and the burial, burial receptacle, cremation, or other interment\nof the decedent's remains.\n (b) Eligible recipients under this program shall be those who bore the\ncost of the decedent's funeral and burial, burial receptacle, cremation,\nor other interment, in the following order of priority: (i) a surviving\nspouse or domestic partner of the decedent; (ii) adult children of the\ndecedent, to include step-children and adopted children; (iii) parents\nor grandparents of the decedent, and parents-in-law or\ngrandparents-in-law of the decedent; (iv) siblings of the decedent, to\ninclude siblings adopted by the decedent's immediate family and siblings\nwith whom the decedent shares only one parent in common, and\nsiblings-in-law of the decedent; (v) aunts, uncles, and first cousins of\nthe decedent; and (vi) any other relative. Any applicant convicted of\nmaking any false
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