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MATTER OF EIRAND-HERSKOWITZ v. MT. CARMEL CEMETERY ASSOCIATION

2010-04522.

82 A.D.3d 1231 (2011)

919 N.Y.S.2d 386

In the Matter of DEBRA EIRAND-HERSKOWITZ, Respondent, v. MT. CARMEL CEMETERY ASSOCIATION, Respondent, and JEAN HERSKOWITZ et al., Appellants.

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

Decided March 29, 2011.

Ordered that the order is affirmed, with costs.

The petitioner commenced this proceeding pursuant to Not-For-Profit Corporation Law § 1510 (e) to disinter the remains of her husband (hereinafter the decedent) from the Mount Carmel Cemetery in Queens. The grounds for the petition were that it was the decedent's wish to be buried alongside the petitioner, his wife, and that the cemetery would not allow the petitioner...

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