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IN THE MATTER OF KELLY

16 A.D.3d 587 (2005)

792 N.Y.S.2d 133

In the Matter of the Estate of JOSEPH ANTHONY KELLY, Deceased. SUSAN E. KELLY, Respondent; COMMACK CEMETERY, INC., Respondent; MICHAEL KELLY, SR., et al., Appellants.

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

March 21, 2005.

Ordered that the order is affirmed, with costs.

On February 13, 2003, the petitioner commenced this proceeding to disinter her husband's remains from the respondent Commack Cemetery, Inc., pursuant to Not-For-Profit Corporation Law § 1510 (e). The petitioner sought the disinterment on the grounds that her husband was not buried in a Catholic cemetery and that she and their children would not be able to be buried with him. She contended that she agreed to bury...

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