MATTER OF OAKMERE CEMETERY ASS'N, INC. v. CEMETERY BD. OF THE STATE OF NEW YORK


26 N.Y.2d 733 (1970)

In the Matter of Oakmere Cemetery Association, Inc., Respondent, v. Cemetery Board of the State of New York, Appellant.

Court of Appeals of the State of New York.

Decided January 22, 1970.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Charles A. La Torella, Jr. and Samuel A. Hirshowitz of counsel), for appellant.

Sol Gelb, Percival E. Jackson, Theodore N. Tarlau and Herbert B. Kramer for respondent.

Reigh F. Klann and Muriel Bell for Sahm Realty Corp., amicus curiae.

John M. Lewis and Myron J. Meadow for Federation of Jewish Philanthropies of New York, amicus curiae.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON.


Order affirmed, without costs. Under the existing statutes and applicable precedents presented or available on this appeal, the order must be affirmed on the limited grounds stated by the Appellate Division. However, the situation urgently suggests further legislative consideration of the statutes governing cemeteries...

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