* § 295. Removal of remains of deceased members of armed forces. Upon\na verified petition presented to a judge of a court of record by any\narmed forces' organization in any town or city in this state by a\nmajority of its officers, or a majority of any memorial committee in any\ntown or city where there are two or more veteran armed forces'\norganizations, or in towns or cities where there are no veteran armed\nforces' organizations, upon the petition of five or more veterans of the\narmed forces, the judge to whom said verified petition is presented\nshall make an order to show cause, returnable before him at a time and\nplace within the county in not less than fourteen or more than twenty\ndays from the date of presentation of said petition, why the remains of\nany deceased members of the armed forces buried in potter's field, or in\nany neglected 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\nthree hundred fifty of the executive law, and received a discharge other\nthan bad conduct or dishonorable from such service and are in towns or\ncities where no veteran armed forces organizations exist, or that the\npetitioners are discharged LGBT veterans, as defined in section three\nhundred fifty of the executive law, and received a discharge other than\nbad conduct or dishonorable from such service and are in towns and\ncities where no veteran armed forces organizations exist, and (1) the\nname of the deceased member or members of the armed forces, whose\nremains are sought to be removed, and if known the unit in which he or\nthey served; (2) the name and location of the cemetery in which he 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\nshall 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 which the removal is made shall be annually provided by\nthe town or city in which the remains were originally buried, at the\nrate of not to exceed twenty dollars per grave, and shall be paid\nannually to the incorporated cemetery association to which the remains\nof each deceased member of the armed forces may be removed and\nreinterred. The petition and order shall be filed in the county clerk's\noffice of the county in which the remains of the deceased member of the\narmed forces were originally interred, and the service of a certified\ncopy of the final order upon the cemetery association shall be made\nprior to any removal. Any relative of the deceased member or members of\nthe armed forces, or the officer of any cemetery association in which\nthe remains of the deceased member or members of the armed forces were\noriginally interred, or the authorities of the county in which the\nmember or members of the armed forces were originally buried, may oppose\nthe granting of said order and the judge shall summarily hear the\nstatement of the parties and make such order as the justice and equity\nof the application shall require. Any headstone or monument which marks\nthe grave of the deceased member of the armed forces shall be removed\nand reset at the grave in the cemetery in which the removal is permitted\nto be made and in each case the final order shall provide the amount of\nthe expenses of such removals and reinterment and resetting of the\nheadstone or monument, including the expenses of the proceedings under\nthis section; except that where provision is otherwise made for the\npurchase or erection of a new headstone, monument or marker at the grave\nin the cemetery to which such removal is permitted, such old headstone\nor monument need not be so removed and reset, in which case such final\norder shall not provide for the expense of resetting. The order shall\ndesignate the person or persons having charge of the removals and\nreinterments. Upon completion of the removal, reinterment and resetting\nof the headstones or monuments, the person or persons having charge of\nthe same shall make a verified report of the removal, reinterment and\nresetting of the headstone or monument and file the report in the\nclerk's office of the proper county. The words "member of the armed\nforces" shall be construed to mean a member of the armed forces who\nserved in the armed forces of the United States and who (5) was\nhonorably discharged from such service, or (6) has a qualifying\ncondition, as defined in section three hundred fifty of the executive\nlaw, and has received a discharge other than bad conduct or dishonorable\nfrom such service, or (7) is a discharged LGBT veteran, as defined in\nsection three hundred fifty of the executive law, and has received a\ndischarge other than bad conduct or dishonorable from such service, and\nthe words "armed forces plot" shall be construed to mean a plot of land\nin any incorporated cemetery set apart to be exclusively used as a place\nfor interring the remains of deceased veterans of the armed forces of\nthe United States.\n * NB Effective until April 1, 2023\n * § 295. Removal of remains of deceased members of armed forces. Upon\na verified petition presented to a judge of a court of record by any\narmed forces' organization in any town or city in this state by a\nmajority of its officers, or a majority of any memorial committee in any\ntown or city where there are two or more veteran armed forces'\norganizations, or in towns or cities where there are no veteran armed\nforces' organizations, upon the petition of five or more veterans of the\narmed forces, the judge to whom said verified petition is presented\nshall make an order to show cause, returnable before him or her at a\ntime and place within the county in not less than fourteen or more than\ntwenty days from the date of presentation of said petition, why the\nremains of any deceased members of the armed forces buried in potter's\nfield, or in any neglected or abandoned cemeteries, should not be\nremoved to and reinterred in a properly kept incorporated cemetery in\nthe same town or city or in a town adjoining the town or city in which\nthe remains of a deceased member of the armed forces are buried, and to\nfix the amount of the expenses for such removal and reinterment, and the\norder to show cause shall provide for its publication in a newspaper, to\nbe designated in the order, which is published nearest to the cemetery\nfrom which the removal is sought to be made, once in each week for two\nsuccessive weeks. The verified petition presented to the judge shall\nshow that the petitioners are a majority of the officers of a veteran\narmed forces organization, or a majority of a memorial committee in\ntowns or cities where two or more veteran armed forces organizations\nexist, or that the petitioners are honorably discharged veterans of the\narmed forces in towns or cities where no veteran armed forces\norganization exists, or that the petitioners have a qualifying\ncondition, as defined in section one of the veterans' services law, and\nreceived a discharge other than bad conduct or dishonorable from such\nservice and are in towns or cities where no veteran armed forces\norganizations exist, or that the petitioners are discharged LGBT\nveterans, as defined in section one of the veterans' services law, and\nreceived a discharge other than bad conduct or dishonorable from such\nservice and are in towns and cities where no veteran armed forces\norganizations exist, and (1) the name of the deceased member or members\nof the armed forces, whose remains are sought to be removed, and if\nknown the unit in which he, she or they served; (2) the name and\nlocation of the cemetery in which he or she is interred and from which\nremoval is asked to be made; (3) the name and location of the\nincorporated cemetery to which the remains are desired to be removed and\nreinterred; (4) the facts showing the reasons for such removal. Upon the\nreturn day of the order to show cause and at the time and place fixed in\nsaid order, upon filing proof of publication of the order to show cause\nwith the judge, if no objection is made thereto, he or she shall make an\norder directing the removal of the remains of said deceased member or\nmembers of the armed forces to the cemetery designated in the petition\nwithin the town or city or within a town adjoining the town or city in\nwhich the remains are then buried and shall specify in the order the\namount of the expenses of such removal, which expenses of removal and\nreinterment, including the expense of the proceeding under this section,\nshall be a charge upon the county in which the town or city is situated\nfrom which the removal is made and such expenses shall be a county\ncharge and audited by the board of supervisors of the county and paid in\nthe same manner as other county charges. On and after the removal and\nreinterment of the remains of the deceased member or members of the\narmed forces in the armed forces' plot, the expenses for annual care of\nthe grave in the armed forces' burial plot to which the removal is made\nshall be annually provided by the town or city in which the remains were\noriginally buried, at the rate of not to exceed twenty dollars per\ngrave, and shall be paid annually to the incorporated cemetery\nassociation to which the remains of each deceased member of the armed\nforces may be removed and reinterred. The petition and order shall be\nfiled in the county clerk's office of the county in which the remains of\nthe deceased member of the armed forces were originally interred, and\nthe service of a certified copy of the final order upon the cemetery\nassociation shall be made prior to any removal. Any relative of the\ndeceased member or members of the armed forces, or the officer of any\ncemetery association in which the remains of the deceased member or\nmembers of the armed forces were originally interred, or the authorities\nof the county in which the member or members of the armed forces were\noriginally buried, may oppose the granting of said order and the judge\nshall summarily hear the statement of the parties and make such order as\nthe justice and equity of the application shall require. Any headstone\nor monument which marks the grave of the deceased member of the armed\nforces shall be removed and reset at the grave in the cemetery in which\nthe removal is permitted to be made and in each case the final order\nshall provide the amount of the expenses of such removals and\nreinterment and resetting of the headstone or monument, including the\nexpenses of the proceedings under this section; except that where\nprovision is otherwise made for the purchase or erection of a new\nheadstone, monument or marker at the grave in the cemetery to which such\nremoval is permitted, such old headstone or monument need not be so\nremoved and reset, in which case such final order shall not provide for\nthe expense of resetting. The order shall designate the person or\npersons having charge of the removals and reinterments. Upon completion\nof the removal, reinterment and resetting of the headstones or\nmonuments, the person or persons having charge of the same shall make a\nverified report of the removal, reinterment and resetting of the\nheadstone or monument and file the report in the clerk's office of the\nproper county. The words "member of the armed forces" shall be construed\nto mean a member of the armed forces who served in the armed forces of\nthe United States and who (5) was honorably discharged from such\nservice, or (6) has a qualifying condition, as defined in section one of\nthe veterans' services law, and has received a discharge other than bad\nconduct or dishonorable from such service, or (7) is a discharged LGBT\nveteran, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, and the words "armed forces plot" shall be construed to\nmean a plot of land in any incorporated cemetery set apart to be\nexclusively used as a place for interring the remains of deceased\nveterans of the armed forces of the United States.\n * NB Effective April 1, 2023\n
§ 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 which the removal is made shall be annually provided by\nthe town or city in which the remains were originally buried, at the\nrate of not to exceed twenty dollars per grave, and shall be paid\nannually to the incorporated cemetery association to which the remains\nof each deceased member of the armed forces may be removed and\nreinterred. The petition and order shall be filed in the county clerk's\noffice of the county in which the remains of the deceased member of the\narmed forces were originally interred, and the service of a certified\ncopy of the final order upon the cemetery association shall be made\nprior to any removal. Any relative of the deceased member or members of\nthe armed forces, or the officer of any cemetery association in which\nthe remains of the deceased member or members of the armed forces were\noriginally interred, or the authorities of the county in which the\nmember or members of the armed forces were originally buried, may oppose\nthe granting of said order and the judge shall summarily hear the\nstatement of the parties and make such order as the justice and equity\nof the application shall require. Any headstone or monument which marks\nthe grave of the deceased member of the armed forces shall be removed\nand reset at the grave in the cemetery in which the removal is permitted\nto be made and in each case the final order shall provide the amount of\nthe expenses of such removals and reinterment and resetting of the\nheadstone or monument, including the expenses of the proceedings under\nthis section; except that where provision is otherwise made for the\npurchase or erection of a new headstone, monument or marker at the grave\nin the cemetery to which such removal is permitted, such old headstone\nor monument need not be so removed and reset, in which case such final\norder shall not provide for the expense of resetting. The order shall\ndesignate the person or persons having charge of the removals and\nreinterments. Upon completion of the removal, reinterment and resetting\nof the headstones or monuments, the person or persons having charge of\nthe same shall make a verified report of the removal, reinterment and\nresetting of the headstone or monument and file the report in the\nclerk's office of the proper county. The words "member of the armed\nforces" shall be construed to mean a member of the armed forces who\nserved in the armed forces of the United States and who (5) was\nhonorably discharged from such service, or (6) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable from\nsuch service, or (7) is a discharged LGBT veteran, as defined in section\none of the veterans' services law, and has received a discharge other\nthan bad conduct or dishonorable from such service, and the words "armed\nforces plot" shall be construed to mean a plot of land in any\nincorporated cemetery set apart to be exclusively used as a place for\ninterring the remains of deceased veterans of the armed forces of the\nUnited States.\n
