§ 750-O — Removal of dedication

New York § 750-O

• Jurisdiction: New York
• Law GBS: General Business
• Art. 35-C: Operation of Pet Cemeteries and Pet Crematoriums

Text

§ 750-o. Removal of dedication. Upon the filing of a dedication\nrestricting real property for the operation of a pet cemetery, such\ndedication may only be amended or removed by order of the supreme court\nof the county where the pet cemetery is located. Such petition for\namendment or removal of dedication shall include written consent by all\npersons who purchased or otherwise are entitled to rights of disposal or\nrights to continuing care of a pet grave in that portion of the pet\ncemetery for which the dedication is sought to be amended or removed.\nIf the portion of the pet cemetery for which the dedication is sought to\nbe amended or removed includes pet remains, such pet remains must be\nremoved, upon the written consent of all persons who purchased or are\notherwise entitled to rights of disposal or rights to continuing care of\na pet grave, their heirs or assigns, with the removal to be entirely at\nthe cost of the owner of the pet cemetery. The court, upon proof of\ndiligent efforts and as determined by the court, may dispense with the\nwritten consent of any person who purchased or is otherwise entitled to\nrights of disposal whose whereabouts, identity or heirs or assigns are\nunknown. In the event that the court has dispensed with any person's\nwritten consent under this section, the court may make a determination\nas to the consideration appropriate for such consent and order that such\nmonies be deposited with the court, which shall then be paid to such\nperson upon appropriate proof of claim. If the premises are a pet\ncemetery, such petition may additionally include an environmental audit\nif required by the court, which audit shall identify any environmental\nproblems caused by the pet cemetery activity, including an\nidentification of pet disposal sites. If the environmental audit\nidentifies any environmental problem, it shall additionally include a\nplan for the correction or remediation of such problems, including\nfinancial, human and other resources estimates, projected time schedules\nfor the completion of the corrective and remedial actions, with the\ncourt to make any order on the petition conditional upon the completion\nof such corrective and remedial action or upon the deposit with the\ncourt with such money as determined necessary for such remediation or\ncorrection.\n