In re Schechter

Appellate Division of the Supreme Court of New York

In re Schechter

261 A.D. 926, 25 N.Y.S.2d 434, 1941 N.Y. App. Div. LEXIS 8113

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 18, 1941

StatusPublished

Cited by4 cases

This text of 261 A.D. 926 (In re Schechter) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Schechter, 261 A.D. 926, 25 N.Y.S.2d 434, 1941 N.Y. App. Div. LEXIS 8113 (N.Y. Ct. App. 1941).

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Opinion

Appeal from order granting reargument and upon such reargument adhering to the original decision, which denied appellant’s application for permission to remove the body of his deceased wife from its burial place in Mount Hebron Cemetery, owned and operated by the Cedar Grove Cemetery Association, to the family plot of appellant in the same cemetery. Order, on reargument, in so far as appealed from, reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The deceased died on November 12, 1929, and was buried in a plot owned by The Erste Uscieczher Sick and Benevolent Society, of which she was a member. The appellant subsequently acquired a private family plot in the same cemetery, where all the members of his family may be buried, and he sought an order permitting the removal of his deceased wife to that plot. All the children consented to the removal. The only objector to the disinterment was the society. In our opinion, under the circumstances disclosed by this record, the motion should have been granted. Appeal from original order, dated July 3, 1940, dismissed. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

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Appeal from order granting reargument and upon such reargument adhering to the original decision, which denied appellant’s application for permission to remove the body of his deceased wife from its burial place in Mount Hebron Cemetery, owned and operated by the Cedar Grove Cemetery Association, to the family plot of appellant in the same cemetery. Order, on reargument, in so far as appealed from, reversed on the law, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. The deceased died on November 12, 1929, and was buried in a plot owned by The Erste Uscieczher Sick and Benevolent Society, of which she was a member. The appellant subsequently acquired a private family plot in the same cemetery, where all the members of his family may be buried, and he sought an order permitting the removal of his deceased wife to that plot. All the children consented to the removal. The only objector to the disinterment was the society. In our opinion, under the circumstances disclosed by this record, the motion should have been granted. Appeal from original order, dated July 3, 1940, dismissed. Lazansky, P. J., Hagarty, Carswell, Johnston and Taylor, JJ., concur.

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Bluebook (online)

261 A.D. 926, 25 N.Y.S.2d 434, 1941 N.Y. App. Div. LEXIS 8113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-schechter-nyappdiv-1941.

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