MARTIN v. WASHINGTON CEMETERY


39 A.D.2d 552 (1972)

Mabel Martin, Respondent, v. Washington Cemetery et al., Respondents, and Robert Gettinger et al., Appellants

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

April 10, 1972


Order reversed on the law and the facts and in the interests of justice, and petition dismissed, without costs.

This proceeding to compel the disinterment of a deceased infant from a family burial plot was commenced more than a year after the burial. Appellant Robert Gettinger had at least a presumptive right, through his father and grandfather (there having been no specific devise of the plot), to bury his child therein (Not-For-Profit Corporation Law, § 1401...

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