NY A10515

Cemetery corporations with insufficient operating funds or boards must notify the state cemetery board and local municipalities at least 180 days before expected abandonment.

The state cemetery board must notify municipalities at least 120 days before expected abandonment and work to reconstitute the cemetery board, provide temporary operating assistance, or transfer operations to another cemetery corporation.

If a cemetery cannot be reconstituted or taken over by a municipality within 90 days of abandonment, the state cemetery board shall appoint a temporary receiver to manage operations, with costs covered as a state expense.

Municipalities or solvent not-for-profit cemetery corporations may file a second application for maintenance funds 25 years after initial abandonment for repairs to structures built before the cemetery's abandonment.

Towns are granted immunity from liability for damages or injuries associated with abandoned cemeteries for any cause of action occurring prior to the town's takeover of the cemetery.