MATTER OF PROSPECT LAWN CEMETERY ASSN.


176 Misc.2d 909 (1998)

675 N.Y.S.2d 516

In the Matter of Prospect Lawn Cemetery Association.

Supreme Court, Erie County.

May 20, 1998.


Attorney(s) appearing for the Case

Saperston & Day, P. C. (Richard T. Saraf of counsel), for plaintiff. Dennis C. Vacco, Attorney-General (William D. Maldovan of counsel), for respondents.


JOHN F. O'DONNELL, J.

Pursuant to Not-For-Profit Corporation Law § 1506 (i) (1) (B), Prospect Lawn Cemetery asks the court to approve a sale of a portion of its land.

The cemetery asserts that its sales average two to four grave sites yearly, and estimates that the parcel in question would not be needed for at least 1,000 years. The parcel of land abuts an active set of industrial railroad tracks...

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