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PEOPLE v. CYPRESS CEMETERY

208 A.D.2d 247 (1995)

The People of the State of New York, Appellant, v. Cypress Hills Cemetery et al., Respondents

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

February 6, 1995

Attorney(s) appearing for the Case

Dennis C. Vacco, Attorney-General, New York City (Pamela A. Mann, Sean Delany and Robert R. Molic of counsel), for appellant.

Morrison & DeRoos, New York City (Edward A. Morrison of counsel), for respondent.

BRACKEN, J. P., LAWRENCE and GOLDSTEIN, JJ., concur.

SANTUCCI, J.

This is a case of statutory construction. The question presented is whether Not-For-Profit Corporation Law § 1510 (m) (hereinafter N-PCL), which provides that no cemetery "shall use construction and demolition debris * * * for the purpose of burying human remains", is violated when a cemetery permits burials on a site which contains such material but only on condition that the site be first...

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