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This entry was published on 2022-04-22
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SECTION 295
Removal of remains of deceased members of armed forces
Town (TWN) CHAPTER 62, ARTICLE 17
* § 295. Removal of remains of deceased members of armed forces. Upon
a verified petition presented to a judge of a court of record by any
armed forces' organization in any town or city in this state by a
majority of its officers, or a majority of any memorial committee in any
town or city where there are two or more veteran armed forces'
organizations, or in towns or cities where there are no veteran armed
forces' organizations, upon the petition of five or more veterans of the
armed forces, the judge to whom said verified petition is presented
shall make an order to show cause, returnable before him at a time and
place within the county in not less than fourteen or more than twenty
days from the date of presentation of said petition, why the remains of
any deceased members of the armed forces buried in potter's field, or in
any neglected or abandoned cemeteries, should not be removed to and
reinterred in a properly kept incorporated cemetery in the same town or
city or in a town adjoining the town or city in which the remains of a
deceased member of the armed forces are buried, and to fix the amount of
the expenses for such removal and reinterment, and the order to show
cause shall provide for its publication in a newspaper, to be designated
in the order, which is published nearest to the cemetery from which the
removal is sought to be made, once in each week for two successive
weeks. The verified petition presented to the judge shall show that the
petitioners are a majority of the officers of a veteran armed forces
organization, or a majority of a memorial committee in towns or cities
where two or more veteran armed forces organizations exist, or that the
petitioners are honorably discharged veterans of the armed forces in
towns or cities where no veteran armed forces organization exists, or
that the petitioners have a qualifying condition, as defined in section
three hundred fifty of the executive law, and received a discharge other
than bad conduct or dishonorable from such service and are in towns or
cities where no veteran armed forces organizations exist, or that the
petitioners are discharged LGBT veterans, as defined in section three
hundred fifty of the executive law, and received a discharge other than
bad conduct or dishonorable from such service and are in towns and
cities where no veteran armed forces organizations exist, and (1) the
name of the deceased member or members of the armed forces, whose
remains are sought to be removed, and if known the unit in which he or
they served; (2) the name and location of the cemetery in which he is
interred and from which removal is asked to be made; (3) the name and
location of the incorporated cemetery to which the remains are desired
to be removed and reinterred; (4) the facts showing the reasons for such
removal. Upon the return day of the order to show cause and at the time
and place fixed in said order, upon filing proof of publication of the
order to show cause with the judge, if no objection is made thereto, he
shall make an order directing the removal of the remains of said
deceased member or members of the armed forces to the cemetery
designated in the petition within the town or city or within a town
adjoining the town or city in which the remains are then buried and
shall specify in the order the amount of the expenses of such removal,
which expenses of removal and reinterment, including the expense of the
proceeding under this section, shall be a charge upon the county in
which the town or city is situated from which the removal is made and
such expenses shall be a county charge and audited by the board of
supervisors of the county and paid in the same manner as other county
charges. On and after the removal and reinterment of the remains of the
deceased member or members of the armed forces in the armed forces'
plot, the expenses for annual care of the grave in the armed forces'
burial plot to which the removal is made shall be annually provided by
the town or city in which the remains were originally buried, at the
rate of not to exceed twenty dollars per grave, and shall be paid
annually to the incorporated cemetery association to which the remains
of each deceased member of the armed forces may be removed and
reinterred. The petition and order shall be filed in the county clerk's
office of the county in which the remains of the deceased member of the
armed forces were originally interred, and the service of a certified
copy of the final order upon the cemetery association shall be made
prior to any removal. Any relative of the deceased member or members of
the armed forces, or the officer of any cemetery association in which
the remains of the deceased member or members of the armed forces were
originally interred, or the authorities of the county in which the
member or members of the armed forces were originally buried, may oppose
the granting of said order and the judge shall summarily hear the
statement of the parties and make such order as the justice and equity
of the application shall require. Any headstone or monument which marks
the grave of the deceased member of the armed forces shall be removed
and reset at the grave in the cemetery in which the removal is permitted
to be made and in each case the final order shall provide the amount of
the expenses of such removals and reinterment and resetting of the
headstone or monument, including the expenses of the proceedings under
this section; except that where provision is otherwise made for the
purchase or erection of a new headstone, monument or marker at the grave
in the cemetery to which such removal is permitted, such old headstone
or monument need not be so removed and reset, in which case such final
order shall not provide for the expense of resetting. The order shall
designate the person or persons having charge of the removals and
reinterments. Upon completion of the removal, reinterment and resetting
of the headstones or monuments, the person or persons having charge of
the same shall make a verified report of the removal, reinterment and
resetting of the headstone or monument and file the report in the
clerk's office of the proper county. The words "member of the armed
forces" shall be construed to mean a member of the armed forces who
served in the armed forces of the United States and who (5) was
honorably discharged from such service, or (6) has a qualifying
condition, as defined in section three hundred fifty of the executive
law, and has received a discharge other than bad conduct or dishonorable
from such service, or (7) is a discharged LGBT veteran, as defined in
section three hundred fifty of the executive law, and has received a
discharge other than bad conduct or dishonorable from such service, and
the words "armed forces plot" shall be construed to mean a plot of land
in any incorporated cemetery set apart to be exclusively used as a place
for interring the remains of deceased veterans of the armed forces of
the United States.

* NB Effective until April 1, 2023

* § 295. Removal of remains of deceased members of armed forces. Upon
a verified petition presented to a judge of a court of record by any
armed forces' organization in any town or city in this state by a
majority of its officers, or a majority of any memorial committee in any
town or city where there are two or more veteran armed forces'
organizations, or in towns or cities where there are no veteran armed
forces' organizations, upon the petition of five or more veterans of the
armed forces, the judge to whom said verified petition is presented
shall make an order to show cause, returnable before him or her at a
time and place within the county in not less than fourteen or more than
twenty days from the date of presentation of said petition, why the
remains of any deceased members of the armed forces buried in potter's
field, or in any neglected or abandoned cemeteries, should not be
removed to and reinterred in a properly kept incorporated cemetery in
the same town or city or in a town adjoining the town or city in which
the remains of a deceased member of the armed forces are buried, and to
fix the amount of the expenses for such removal and reinterment, and the
order to show cause shall provide for its publication in a newspaper, to
be designated in the order, which is published nearest to the cemetery
from which the removal is sought to be made, once in each week for two
successive weeks. The verified petition presented to the judge shall
show that the petitioners are a majority of the officers of a veteran
armed forces organization, or a majority of a memorial committee in
towns or cities where two or more veteran armed forces organizations
exist, or that the petitioners are honorably discharged veterans of the
armed forces in towns or cities where no veteran armed forces
organization exists, or that the petitioners have a qualifying
condition, as defined in section one of the veterans' services law, and
received a discharge other than bad conduct or dishonorable from such
service and are in towns or cities where no veteran armed forces
organizations exist, or that the petitioners are discharged LGBT
veterans, as defined in section one of the veterans' services law, and
received a discharge other than bad conduct or dishonorable from such
service and are in towns and cities where no veteran armed forces
organizations exist, and (1) the name of the deceased member or members
of the armed forces, whose remains are sought to be removed, and if
known the unit in which he, she or they served; (2) the name and
location of the cemetery in which he or she is interred and from which
removal is asked to be made; (3) the name and location of the
incorporated cemetery to which the remains are desired to be removed and
reinterred; (4) the facts showing the reasons for such removal. Upon the
return day of the order to show cause and at the time and place fixed in
said order, upon filing proof of publication of the order to show cause
with the judge, if no objection is made thereto, he or she shall make an
order directing the removal of the remains of said deceased member or
members of the armed forces to the cemetery designated in the petition
within the town or city or within a town adjoining the town or city in
which the remains are then buried and shall specify in the order the
amount of the expenses of such removal, which expenses of removal and
reinterment, including the expense of the proceeding under this section,
shall be a charge upon the county in which the town or city is situated
from which the removal is made and such expenses shall be a county
charge and audited by the board of supervisors of the county and paid in
the same manner as other county charges. On and after the removal and
reinterment of the remains of the deceased member or members of the
armed forces in the armed forces' plot, the expenses for annual care of
the grave in the armed forces' burial plot to which the removal is made
shall be annually provided by the town or city in which the remains were
originally buried, at the rate of not to exceed twenty dollars per
grave, and shall be paid annually to the incorporated cemetery
association to which the remains of each deceased member of the armed
forces may be removed and reinterred. The petition and order shall be
filed in the county clerk's office of the county in which the remains of
the deceased member of the armed forces were originally interred, and
the service of a certified copy of the final order upon the cemetery
association shall be made prior to any removal. Any relative of the
deceased member or members of the armed forces, or the officer of any
cemetery association in which the remains of the deceased member or
members of the armed forces were originally interred, or the authorities
of the county in which the member or members of the armed forces were
originally buried, may oppose the granting of said order and the judge
shall summarily hear the statement of the parties and make such order as
the justice and equity of the application shall require. Any headstone
or monument which marks the grave of the deceased member of the armed
forces shall be removed and reset at the grave in the cemetery in which
the removal is permitted to be made and in each case the final order
shall provide the amount of the expenses of such removals and
reinterment and resetting of the headstone or monument, including the
expenses of the proceedings under this section; except that where
provision is otherwise made for the purchase or erection of a new
headstone, monument or marker at the grave in the cemetery to which such
removal is permitted, such old headstone or monument need not be so
removed and reset, in which case such final order shall not provide for
the expense of resetting. The order shall designate the person or
persons having charge of the removals and reinterments. Upon completion
of the removal, reinterment and resetting of the headstones or
monuments, the person or persons having charge of the same shall make a
verified report of the removal, reinterment and resetting of the
headstone or monument and file the report in the clerk's office of the
proper county. The words "member of the armed forces" shall be construed
to mean a member of the armed forces who served in the armed forces of
the United States and who (5) was honorably discharged from such
service, or (6) has a qualifying condition, as defined in section one of
the veterans' services law, and has received a discharge other than bad
conduct or dishonorable from such service, or (7) is a discharged LGBT
veteran, as defined in section one of the veterans' services law, and
has received a discharge other than bad conduct or dishonorable from
such service, and the words "armed forces plot" shall be construed to
mean a plot of land in any incorporated cemetery set apart to be
exclusively used as a place for interring the remains of deceased
veterans of the armed forces of the United States.

* NB Effective April 1, 2023