CLICK HERE FOR NYS CREMATORY LAW (Revised 2006)

Have you discussed your wishes with your spouse?

Does your family know what your intentions are with your cremated remains?

Have you planned out your "Celebration of Life" ceremony?

Have you pre-arranged your cemetery wishes?



If You answered NO to one or more of these questions, you need to speak with a Family Counselor here at Mount Calvary Cemetery Group.

Our trained staff will be able to guide you through all the options cremation provides you. For immediate information, please call (716)892-6600. A FREE Cremation Information Package will be sent to you outlining the cemetery options available to you and our incentive program for the pre-selecting and payment of products and services.

Today, more and more people are choosing cremation over traditional in-ground burial. The primary reasons are that it is dignified, simple, and economical. At Mount Calvary Cemetery Group, memorialization for those who wish to be cremated is just as important as for those choosing in-ground burial or a mausoleum.
Cremation can take place either before or after a funeral memorial service, but generally within a few days after the death. The choice is yours and should be made in consultation with your funeral director.
A cremation that takes place immediately after a death as soon as legal authorization has been obtained is called a Direct Cremation. Some people prefer to have a traditional funeral service with a casket prior to the cremation taking place. This is perfectly acceptable. New York State law requires that transportation of a body to a cremation facility must be through a licensed funeral director.
Crematories are considered a disposition facility and are usually operated in conjunction with a cemetery. Mount Calvary has its own crematory on its premisis.

It is the goal and mission of the Mount Calvary Cemetery Group to provide proper and accurate information so today's consumer can make an educated decision. The following information outlines the exact process that takes place when cremation at Mount Calvary's Pine Lawn Crematory is selected.

The process begins at the crematory office within the Pine Lawn Chapel and Crematory, located on Harlem Road, just north of Genesee Street. Here a Mount Calvary Cemetery staff member meets the funeral director and accepts the necessary releases and permits for the cremation.

The hearse is brought into the crematory at the north end of the building, and the human remains are transferred from the hearse to a transfer cart.

The transfer cart with the human remains is then moved into the retort room.

The retort is the chamber in which the cremation takes place. Each retort is only large enough for one cremation container at a time.

The human remains are then transferred to the retort, which is heated to 1600 degrees Fahrenheit. This high level of heat produces the state of extreme dehydration and evaporation, which causes the composition of the body to be reduced to ashes and bone fragments. This step in the cremation process takes approximately three hours.

After the cooling period of approximately 3 hours, the cremated remains are pulled forward into a collection tray for removal from the retort. Any non-combustible materials, such as metal, which could not be reduced during cremation, are separated and removed. Magnets are used to facilitate this process.

The remaining bone fragments are then mechanically processed into fine particles. Cremated remains for the average adult weigh from four to eight pounds.
The cremated remains are then placed in an urn or temporary container, depending on the family's plans for memorialization . The total time necessary for the entire cremation process is approximately five to seven hours.

Pine Lawn Chapel and Columbarium was recently renovated with both large and small rooms to accommodate intimate services and viewings. Our state-of-the-art crematory is in the room adjacent to where viewings and memorial services are held. This provides a single location for viewings and services along with the actual body cremation and permanent memorial site for a loved one.

Cremated remains are placed in an urn selected during the pre- need planning, an urn selected by survivors after a death or in a temporary container until a memorial urn is arranged for and/or inscribed.
Memorial urns can be very simple or elaborate and are available from cemeteries and funeral homes. They are solidly designed and are appropriate in size to fit into a niche or urn vault. From here you have many choices.

Columbariums, inside the chapels of Mount Calvary, provide peaceful resting places for the inurnment of cremated loved ones. Columbariums also provide visitors refuge from inclement weather when visiting. Mount Calvary Cemetery Group has three main columbariums:

Mount Calvary Chapel and Columbarium
Ridge Lawn Chapel and Columbarium
Pine Lawn Chapel and Columbarium

Price Ranges :

Single Niche $800-$2,000
Double Companion Niche $1,800-$4,000

The Mount Calvary Cemetery Group offers several options to honor the memory of a loved one.

Mount Calvary Cemetery Group has a variety of outdoor memorial sites for inurnment. Niches are created in special walls, statue monuments, garden sections, and veterans' areas. Most of the niche fronts are bronze and granite. Special areas are adorned with flowers from spring to fall, creating an inviting and comforting environment for visitors.

Cremation Memorialization Products beginning at $800

Garden niches are relatively new for Mount Calvary. In 1998, the Garden of Our Savior was designed specifically for cremated remains. Distinctive Williamsburg bronze niche units accent this garden. Niches are constructed within the Garden of Our Savior sidewalks and free standing walls.

Prices range from $900-$7,500

CHAPTER TEXT:


LAWS OF NEW YORK, 2006

CHAPTER 579

AN ACT to amend the not-for-profit corporation law, in relation to the
creation, operation, and duties of crematories as cemetery corpo-
rations

Became a law August 16, 2006, with the approval of the Governor.
Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:

Section 1. Section 1502 of the not-for-profit corporation law is
amended by adding nine new paragraphs (h), (i), (j), (k), (l), (m), (n),
(o) and (p) to read as follows:
(h) The term "cremation" means the technical process, using heat and
flame, that reduces human remains to ashes and other residue. "Crema-
tion" shall include the processing, and may include the pulverization,
of such ashes and other residue.
(i) The term "cremains" means ashes and other residue recovered after
the completion of cremation, which may include residue of foreign matter
that may have been cremated with the human remains.
(j) The term "alternative container" or "external wrappings" means a
nonmetal receptacle or enclosure, without ornamentation or a fixed inte-
rior lining, which is designed for the encasement of human remains and
which is made of cardboard, pressed wood, composite materials (with or
without an outside covering), or pouches of canvas or other material.
(k) The term "casket" means a rigid container that is designed for the
encasement of human remains and customarily ornamented and lined with
fabric.
(l) The term "crematory" means a facility or portion of a building in
which the remains of deceased human beings are processed by cremation.
(m) The term "holding facility" or "temporary storage facility" means
an area that (i) is designated for the retention of human remains prior
to cremation; (ii) complies with all applicable public health laws,
(iii) preserves the health and safety of the crematory personnel; and
(iv) is secure from access by anyone other than authorized persons. The
interior of such facility shall not be visible from any area accessible
to the general public.
(n) The term "cremation permit" means the burial and removal permit
required pursuant to section forty-one hundred forty-five of the public
health law that is annotated for disposition of the remains of a
deceased human being by cremation.
(o) The term "cremation authorization" means the crematory form
authorizing a cremation which is signed by the next of kin or authoriz-
ing agent. This crematory form must be a separate document and cannot be
a part of another form or document.
(p) The term "authorizing agent" shall mean the person with the right
to control the disposition of the decedent pursuant to section forty-two
hundred one of the public health law.

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law
to be omitted.
CHAP. 579 2

§ 2. Section 1503 of the not-for-profit corporation law, as amended by
chapter 169 of the laws of 1993, is amended to read as follows:
§ 1503. Application.
(a) Except as otherwise provided in [subdivision] paragraph (b) of
this section, paragraph (c) of section fifteen hundred seven, and
[subdivision] paragraph (m) of section fifteen hundred ten, this article
does not apply to (1) a religious corporation, (2) a municipal corpo-
ration, (3) a cemetery corporation owning a cemetery operated, super-
vised or controlled by or in connection with a religious corporation or
(4) a cemetery belonging to a religious or a municipal corporation, or
operated, supervised or controlled by or in connection with a religious
corporation unless any officer, member or employee of any such corpo-
ration shall receive or may be lawfully entitled to receive any pecuni-
ary profit from the operations thereof, other than reasonable compen-
sation for services in effecting one or more of the purposes of such
corporation or as proper beneficiaries of its strictly charitable
purposes or unless the organization of any such corporation for any of
its avowed purposes be a guise or pretense for directly or indirectly
making any other pecuniary profit for such corporation, or for any of
its officers, members or employees, and unless any such corporation is
not, in good faith, organized or conducted exclusively for one or more
of its stated purposes.
(b) All crematories shall be subject to inspection by the division of
cemeteries. Upon inspection, the crematory may be asked to produce any
and all records for the operation and maintenance of the crematory.
These records may include but not be limited to cremation authori-
zations, rules and regulations of the crematory, procedures as set forth
in section fifteen hundred seventeen of this article, and the written
procedure of the identification of remains.
§ 3. The not-for-profit corporation law is amended by adding a new
section 1505-a to read as follows:
§ 1505-a. Additional requirements for incorporation of crematories.
(a) Approval. A cemetery corporation seeking the approval to operate a
crematory must submit for approval by the cemetery board the following:
(1) a list of the directors, employees, and certificate holders of the
cemetery corporation; (2) a certified survey of the site and location
within the county it will be situated; (3) a business plan for the oper-
ation of the crematory to include, but not be limited to, number of
expected cremations per year, number of cremation units, manufacture,
capital costs, financing, anticipated number of employees, types of
services provided, pricing thereof; (4) a description of the impact of
the proposed crematory on other crematories within the county or whether
the crematory will have an adverse impact on the surrounding community;
(5) plans, designs, and costs of any structures to be erected or retro-
fitted for the crematory use; (6) a description of any approvals or
permits required by state or local law. No crematory shall be approved
until such other approvals or permits have been obtained. Any board
approval of a crematory shall be so conditioned.
(b) Further information. Within thirty-five days following receipt of
the information required by paragraph (a) of this section, the cemetery
board or the division of cemeteries may request from the cemetery corpo-
ration any additional information or documentation and technical assist-
ance deemed necessary to review such information. Such information shall
not be deemed complete until the requested additional information has
been received. If no such request is made, the submission shall be
3 CHAP. 579

deemed complete on the thirty-fifth day after its receipt by the divi-
sion.
(c) Determination. The cemetery board shall approve or deny the
proposed crematory within ninety days of the completed submission.
(d) Notification. The cemetery board shall provide written notice of
its determination to the cemetery corporation. If a negative determi-
nation is made, such notice shall state the reasons therefor. Notice
shall be made by registered or certified mail addressed to the corpo-
ration at its principal office.
§ 4. Paragraph (c) of section 1508 of the not-for-profit corporation
law, as added by chapter 871 of the laws of 1977, is amended to read as
follows:
(c) Cemetery payment for administration. To defray the expenses of
examination and administration, each cemetery corporation shall not
later than March fifteenth in each calendar year, pay to the cemetery
board the sum of three dollars per interment and cremation in excess of
fifteen interments or cremations for the preceding calendar year. No
contribution shall be collected upon the interment of the cremains of a
deceased person where a contribution was collected upon cremation.
§ 5. Paragraph (c) of section 1510 of the not-for-profit corporation
law, as added by chapter 871 of the laws of 1977, is amended to read as
follows:
(c) Record of burials or cremations. A record shall be kept of every
burial in the cemetery of a cemetery corporation, showing the date of
burial, the name, age, and place of birth of the person buried, when
these particulars can be conveniently obtained, and the lot, plot, or
part thereof, in which such burial was made. A copy of such record, duly
certified by the secretary of such corporation, shall be furnished on
demand and payment of such fees therefor as are allowed the county clerk
for certified copies of records. Notwithstanding any other provision of
this section, all cemetery corporations which conduct cremations shall
maintain permanent records of the name of the deceased human being, the
funeral home from which the remains were received, the receipt of deliv-
ery of the deceased human remains, the authorizing agent for the crema-
tion, and the manner of disposition of the cremains. Such records may be
reviewed by the division of cemeteries at any time.
§ 6. The not-for-profit corporation law is amended by adding a new
section 1517 to read as follows:
§ 1517. Crematory operations.
Cemetery corporations that operate a crematory shall have the follow-
ing duties and obligations:
(a) Maintenance and privacy. (1) A crematory facility shall be main-
tained in a clean, orderly, and sanitary manner, with adequate venti-
lation and shall have a temporary storage area available to store the
remains of deceased human beings pending disposition by cremation, the
interior of which shall not be accessible to the general public.
(2) Entrances and windows of the crematory facility shall be main-
tained at all times to secure privacy, including (i) doors shall be
tightly closed and rigid; (ii) windows shall be covered; and (iii)
entrances shall be locked and secured when not actively attended by
authorized crematory personnel.
(b) Cremation process. (1) The cremation process shall be conducted in
privacy. No person except authorized persons shall be admitted into the
retort area, holding facility, or the temporary storage facility while
the remains of deceased human beings are being cremated. Authorized
persons, on admittance, shall comply with all rules of the crematory
CHAP. 579 4

corporation and not infringe upon the privacy of the remains of deceased
human beings.
(2) The following are authorized persons: (i) licensed, registered
funeral directors, registered residents, and enrolled students of mortu-
ary science; (ii) officers and trustees of the cemetery corporation;
(iii) authorized employees or their authorized agents of the cemetery
corporation; (iv) public officers acting in the discharge of their
duties; (v) authorized instructors of funeral directing schools; (vi)
licensed physicians or nurses; and (vii) members of the immediate family
of the deceased and their authorized agents and designated represen-
tatives.
(c) Identification of deceased human beings. (1) No crematory shall
cremate the remains of any deceased human being without the accompanying
cremation permit, required pursuant to section four thousand one hundred
forty-five of the public health law which permit shall constitute
presumptive evidence of the identity of the said remains. In addition,
all crematories situated outside the city of New York, must comply with
paragraph (b) of subdivision two of section four thousand one hundred
forty-five of the public health law pertaining to the receipt for the
deceased human being. From the time of such delivery to the crematory,
until the time the crematory delivers the cremains as directed, the
crematory shall be responsible for the remains of the deceased human
being. Further, a cremation authorization form must accompany the
permit required in section four thousand one hundred forty-five of the
public health law. This form, provided or approved by the crematory,
must be signed by the next of kin or authorizing agent attesting to the
permission for the cremation of the deceased, and disclosing to the
crematory that such body does not contain a battery, battery pack, power
cell, radioactive implant, or radioactive device, if any, and that these
materials were removed prior to the cremation process.
(2) Upon good cause being shown rebutting the presumption of the iden-
tity of such remains, the cremation shall not commence until reasonable
confirmation of the identity of the deceased human being is made. This
proof may be in the form of, but not limited to, a signed affidavit from
a licensed physician, a member of the family of the deceased human
being, the authorizing agent or a court order from the state supreme
court within the county of the cemetery corporation. Such proof shall be
provided by the authorizing agent.
(3) The crematory shall have a written plan to assure that the iden-
tification established by the cremation permit accompanies the remains
of the deceased human being through the cremation process and until the
identity of the deceased is accurately and legibly inscribed on the
container in which the cremains are placed.
(d) Opening of container holding the remains of the deceased human
being. (1) The casket, alternative container, or external wrappings
holding the remains of the deceased human being shall not be opened
after delivery to the crematory unless there exists good cause to
confirm the identity of the deceased, or to assure that no material is
enclosed which might cause injury to employees or damage to crematory
property, or upon reasonable demand by members of the immediate family
or the authorized agent.
(2) In such instances in which the casket, alternative container, or
wrappings are opened after delivery to the crematory, such action shall
only be conducted by the licensed funeral director or registered resi-
dent delivering the remains of the deceased human being and if neces-
sary, with the assistance of crematory personnel and a record shall be
5 CHAP. 579

made, which shall include the reason for such action, the signature of
the person authorizing the opening thereof, and the names of the person
opening the container and the witness thereto, which shall be retained
in the permanent file of the crematory. The opening of the container
shall be conducted in the presence of the witness and shall comply with
all rules and regulations intended to protect the health and safety of
crematory personnel.
(e) Ceremonial casket cremation disclosure. In those instances in
which the remains of deceased human beings are to be delivered to a
crematory in a casket that is not to be cremated with the deceased,
timely disclosure thereof must be made by the person making the funeral
arrangements to the crematory that prior to cremation the remains of the
deceased human being shall be transferred to an alternative container.
Such signed acknowledgement of the authorizing person, that the timely
disclosure has been made, shall be retained by the crematory in its
permanent records.
(f) Transferring remains. (1) The remains of a deceased human being
shall not be removed from the casket, alternative container, or external
wrappings in which it is delivered to the crematory unless explicit,
signed authorization is provided by the person making funeral arrange-
ments or by a public officer discharging his or her statutory duty,
which signed authorization shall be retained by the crematory in its
permanent records.
(2) When the remains of a deceased human being are to be transferred
to an alternative container, the transfer shall be conducted in privacy
with dignity and respect and by the licensed funeral director or regis-
tered resident who delivered those remains and if necessary, with the
assistance of crematory personnel. The transferring operation shall
comply with all rules and regulations intended to protect the health and
safety of crematory personnel.
(g) Commingling human remains. The cremation of remains of more than
one deceased human being in a retort at any one time is unlawful, except
upon the explicit, signed authorization provided by the persons making
funeral arrangements and the signed approval of the crematory, which
shall be retained by the crematory in its permanent records.
(h) Processing of cremains. (1) Upon the completion of the cremation
of the remains of a deceased human being, the interior of the retort
shall be thoroughly swept so as to render the retort reasonably free of
all matter. The contents thereof shall be placed into an individual
container and not commingled with other cremains. The cremation permit
shall be attached to the individual container preparatory to final proc-
essing.
(2) A magnet and sieve, or other appropriate method of separation, may
be used to divide the cremains from unrecognizable incidental or foreign
material.
(3) The incidental and foreign material of the cremation process shall
be disposed of in a safe manner in compliance with all sanitary rules
and regulations as byproducts.
(4) The cremains shall be pulverized until no single fragment is
recognizable as skeletal tissue.
(5) The pulverized cremains shall be transferred to a sealable
container or containers whose inside dimension shall be of suitable size
to contain the entire cremains of the person who was cremated.
(6) The prescribed sealable container or containers shall be accurate-
ly and legibly labeled with the identification of the human being whose
CHAP. 579 6

cremains are contained therein, in a manner acceptable to the division
of cemeteries.
(i) Disposition of cremains. The authorizing agent shall be responsi-
ble for the final disposition of the cremains. Cremains must be disposed
of by placing them in a grave, crypt, or niche, by scattering them in a
designated scattering garden or area, or in any manner whatever on the
private property of a consenting owner or by delivery to the authorizing
agent or a person specifically designated by the authorizing agent.
Upon completion of the cremation process, if the cemetery corporation
has not been instructed to arrange for the interment, entombment, inurn-
ment or scattering of the cremains, the cemetery corporation shall
deliver the cremains to the individual specified on the cremation
authorization form or the funeral firm of record. The delivery may be
made in person or by registered mail. Upon receipt of the cremains, the
individual receiving them may transport them in any manner in the state
without a permit, and may dispose of them in accordance with this
section. After delivery, the cemetery corporation shall be discharged
from any legal obligation or liability concerning the cremains. If,
after a period of one hundred twenty days from the date of the crema-
tion, the authorizing agent has not instructed the cemetery corporation
to arrange for the final disposition of the cremains or claimed the
cremains, the cemetery corporation may dispose of the cremains in any
manner permitted by this section. The cemetery corporation, however,
shall keep a permanent record identifying the site of final disposition.
The authorizing agent shall be responsible for reimbursing the cemetery
corporation for all reasonable expenses incurred in disposing of the
cremains. Upon disposing of the cremains, the cemetery corporation shall
be discharged from any legal obligation or liability concerning the
cremains. Except with the express written permission of the authorizing
agent, no person shall:
(1) dispose of cremains in a manner or in a location so that the
cremains are commingled with those of another person. This prohibition
shall not apply to the scattering of cremains at sea, by air, or in an
area located in a cemetery and used exclusively for those purposes; and
(2) place cremains of more than one person in the same temporary
container or urn.
(j) Crematory operation certification. Any employee of a crematory
whose function is to conduct the daily operations of the cremation proc-
ess shall be certified by an organization approved by the division of
cemeteries. Proof of such certification must be posted in the crematory
and available for inspection at any time. Any new employees of a crema-
tory required to be certified under this section shall be certified
within one year of their employment. Any employees of a crematory
required to be certified under this section and retained prior to the
effective date of this paragraph shall be certified within one year of
such effective date. Renewal of such certification shall be completed
every five years from the date of certification.
§ 7. This act shall take effect on the sixtieth day after it shall
have become a law, provided however that nothing contained herein shall
supercede, alter or abridge any provision of a law enacted by chapter
560 of the laws of 1998. In the event of a conflict or ambiguity, the
provisions of this act shall govern.
7 CHAP. 579

The Legislature of the STATE OF NEW YORK ss:
Pursuant to the authority vested in us by section 70-b of the Public
Officers Law, we hereby jointly certify that this slip copy of this
session law was printed under our direction and, in accordance with such
section, is entitled to be read into evidence.

JOSEPH L. BRUNO SHELDON SILVER
Temporary President of the Senate Speaker of the Assembly