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MACK v. BROWN

2009-09685.

82 A.D.3d 133 (2011)

919 N.Y.S.2d 166

ELAINE MACK et al., Respondents, v. REGINA BROWN et al., Defendants, and GREEN-WOOD CEMETERY MAUSOLEUMS & CREMATORY, Appellant.

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

Decided March 8, 2011.

Attorney(s) appearing for the Case

Hammill, O'Brien, Croutier, Dempsey, Pender & Koehler, P.C., Syosset ( Anton Piotroski of counsel), for appellant.

Bruce S. Reznick, P.C., Brooklyn, for respondents.

ANGIOLILLO, HALL and ROMAN, JJ., concur.

OPINION OF THE COURT

DILLON, J.P.

Sparse case law exists interpreting the recent enactment of Public Health Law § 4201 which, inter alia, prioritizes the persons authorized to control a decedent's remains, and immunizes entities such as funeral homes, cemeteries, and crematories from civil liability for their good faith disposal of human remains upon the direction of a person enumerated in and prioritized by Public Health Law § 4201 (2) (a) (

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