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MTR. OF CEMETERY BD. v. EVERGREENS CEM.

16 A.D.2d 60 (1962)

In the Matter of Cemetery Board of the State of New York, Appellant, v. Evergreens Cemetery, Respondent In the Matter of Cemetery Board of the State of New York, Appellant, v. Greenwood Cemetery, Respondent In the Matter of Cemetery Board of the State of New York, Appellant, v. Lutheran Cemetery, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 6, 1962.

Attorney(s) appearing for the Case

Herbert J. Wallenstein of counsel (Samuel A. Hirshowitz with him on the briefs; Louis J. Lefkowitz, Attorney-General, attorney), for appellant.

Orrin G. Judd of counsel (Milton M. Rulnick with him on the briefs; Goldstein, Judd & Gurfein, attorneys), for Metropolitan Funeral Directors Association, Inc., amicus curiæ.

George W. Foley of counsel (Richard V. Giordano with him on the brief; Shearman & Sterling, attorneys), for Evergreens Cemetery, respondent.

J. Wesley Seward of counsel (George Roberts and Walter J. Holzka with him on the brief; Gasser & Hayes and Winthrop, Stimson, Putnam & Roberts, attorneys and special counsel), for the Greenwood Cemetery, respondent.

Bertram Boardman of counsel (Miller, Boardman & Greenberg, attorneys), for the Lutheran Cemetery, respondent.

BREITEL, J. P., RABIN, EAGER, STEUER and BERGAN, JJ., concur.

Per Curiam.

In three separate proceedings, appellant, Cemetery Board of the State of New York (hereinafter Board), has sought an injunction against three cemeteries. The injunctions sought to restrain the respondent cemeteries from closing their grounds for interments on Saturdays and from changing their rules and regulations in that respect without the prior written consent of the Board.

The Board was created...

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