§ 205.01 Definitions.
RCNY § 205.01
When used in this title: (a) "Burial" means interment of human remains in the ground or in a tomb, vault, crypt, cell or mausoleum, and includes any other usual means of final disposal of human remains other than cremation.
(b)"Cremation" means the burning of human remains in a crematory.
(c)"Human remains" or "remains" means all or any part of the dead body of a human being but does not include human ashes recovered after cremation. For purposes of this Article a conceptus of any gestational age for which the issuance of a disposition permit pursuant to 24 RCNY Health Code § 205.21 has been requested shall be treated as human remains.
(d)"Hospice" means a program issued a certificate of approval pursuant to Article 40 of the Public Health Law and defined as such in § 4002 of said law.
(e)"Person in control of disposition" means, in accordance with all of the provisions of § 4201 of the Public Health Law, the following persons who are eighteen years of age or older in descending order of priority: (1) the person designated in a written instrument executed pursuant to the provisions of § 4201 of the Public Health Law; (2) the decedent's surviving spouse; (2-a) the decedent's surviving domestic partner; (3) any of the decedent's surviving children; (4) either of the decedent's surviving parents; (5) any of the decedent's surviving siblings; (6) a guardian appointed pursuant to article seventeen or seventeen-a of the Surrogate's Court Procedure Act or article eighty-one of the Mental Hygiene Law; (7) any person who would be entitled to share in the estate of the decedent as specified in § 4-1.1 of the Estates, Powers and Trusts Law, with the person in closest relationship having the highest priority; (8) a duly appointed fiduciary of the estate of the decedent; (9) a close friend or relative who is reasonably familiar with the decedent's wishes, including the decedent's religious or moral beliefs, when no person higher on this list is reasonably available, willing, or competent to act, provided that such person has executed a written statement pursuant to subdivision seven of § 4201 of the Public Health Law; or (10) a chief fiscal officer of a county or a public administrator appointed pursuant to article twelve or thirteen of the surrogate's court procedure act, or any other person acting on behalf of the decedent, provided that such person has executed a written statement pursuant to subdivision seven of § 4201 of the Public Health Law. (Amended City Record 10/8/2024, eff. 11/7/2024)
