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N.Y. Not-For-Profit Corp. Law § 1502

Definitions

Showing this section's text as in effect on January 1, 2017 (in force January 1, 2017 – January 1, 2018). View current text →

§ 1502. Definitions. As used in this article:\n (a) The term "cemetery corporation" means any corporation formed under\na general or special law for the disposal or burial of deceased human\nbeings, by cremation or in a grave, mausoleum, vault, columbarium or\nother receptacle but does not include a family cemetery corporation or a\nprivate cemetery corporation.\n (b) The term "lot owner" or "owner of a lot" means any person having a\nlawful title to the use of a niche, crypt, lot, plot or part thereof, in\na cemetery, mausoleum or columbarium.\n (c) The term "cemetery board" means the cemetery board in the division\nof cemeteries in the department of state.\n (d) A public mausoleum, crematory or columbarium shall be included\nwithin the term "cemetery".\n (e) The sale of a lot, plot or part thereof, grave, niche or crypt\nshall mean the sale of the right of use thereof for burial purposes.\n (f) The term "monuments" means a memorial erected in a cemetery on a\nlot, plot or part thereof, except private mausoleums.\n (g) The term "interment" means the permanent disposition of human\nremains by inurnment, entombment or ground burial.\n (h) The term "cremation" means the technical process, using heat and\nflame, that reduces human remains to ashes and other residue.\n"Cremation" shall include the processing, and may include the\npulverization, of such ashes and other residue.\n (i) The term "cremains" means ashes and other residue recovered after\nthe completion of cremation, which may include residue of foreign matter\nthat may have been cremated with the human remains.\n (j) The term "alternative container" or "external wrappings" means a\nnonmetal receptacle or enclosure, without ornamentation or a fixed\ninterior lining, which is designed for the encasement of human remains\nand which is made of cardboard, pressed wood, composite materials (with\nor without an outside covering), or pouches of canvas or other material.\n (k) The term "casket" means a rigid container that is designed for the\nencasement of human remains and customarily ornamented and lined with\nfabric.\n (l) The term "crematory" means a facility or portion of a building in\nwhich the remains of deceased human beings are processed by cremation.\n (m) The term "holding facility" or "temporary storage facility" means\nan area that (i) is designated for the retention of human remains prior\nto cremation; (ii) complies with all applicable public health laws,\n(iii) preserves the health and safety of the crematory personnel; and\n(iv) is secure from access by anyone other than authorized persons. The\ninterior of such facility shall not be visible from any area accessible\nto the general public.\n (n) The term "cremation permit" means the burial and removal permit\nrequired pursuant to section forty-one hundred forty-five of the public\nhealth law that is annotated for disposition of the remains of a\ndeceased human being by cremation.\n (o) The term "cremation authorization" means the crematory form\nauthorizing a cremation which is signed by the next of kin or\nauthorizing agent. This crematory form must be a separate document and\ncannot be a part of another form or document.\n (p) The term "authorizing agent" shall mean the person with the right\nto control the disposition of the decedent pursuant to section forty-two\nhundred one of the public health law.\n (q) The term "pet cremated remains" means ashes and/or other residue\nrecovered after the completion of cremation of any domestic animal that\nhas been adapted or tamed to live in intimate association with people\nwhere such cremation has occurred at a pet crematorium as defined in\nsection seven hundred fifty-a of the general business law.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.