§ 7-03 Interments.
RCNY § 7-03
(a)Interment privileges can be received only from the plot holders, and no persons can be recognized as plot holders unless their names appear as such upon the records of the cemetery.
(b)The Commissioner reserves the right to refuse Interments in any Plot and to refuse to open any burial space for any purpose, except by court order or on written application by the plot holder or by the person designated to represent the plot holder.
(c)All Interments, disinterments or removals, including all openings and closings of Graves shall be made only by cemetery personnel.
(d)All funerals, upon entering the cemetery grounds shall be under the charge of the superintendent and/or his/her assistant.
(e)Once a casket containing a body is within the confines of the cemetery grounds, no funeral director or his/her embalmer, assistant, employee or agent shall be permitted to open the casket or touch the body without the consent of a legal representative of the deceased, or without an order of a court of competent jurisdiction.
(f)The right is reserved by the Commissioner to insist upon at least 48 hours notice prior to any interment, and to at least one week's notice prior to any disinterment or removal.
(g)When instructions regarding the location of an interment space in a plot cannot be obtained, or are indefinite, or when for any reason the interment space cannot be opened when specified, the superintendent of the cemetery may, in his/her discretion, open it in such a location in the plot as he/she deems best and proper, so as not to delay the funeral; and the cemetery shall not be liable in damages for such action or for any error so made; nor shall the cemetery be held responsible for any order given over the telephone, or for any mistake occurring from the lack of precise and proper instructions as to the particular plot space, size and location where interment is desired.
(h)The cemetery shall in no way be liable for any delay in the interment of a body where a protest to the interment has been made, or where the Rules and Regulations have not been complied with; and, further, the superintendent of the cemetery reserves the right, under such circumstances, to place the body in a City receiving vault until the full rights have been determined. The cemetery shall be under no duty to recognize any protests of Interments unless they are in writing and duly filed with the cemetery.
(i)The cemetery shall not be liable for the interment permit nor for the identity of the person sought to be interred; nor shall the cemetery be liable in any way for the embalming of the body.
(j)Where a plot is owned by a church, lodge or other society, interments shall be limited to those actually authorized by such church, lodge, etc.
(k)No interment shall be permitted in any plot so long as there are any outstanding charges due the cemetery with respect to that plot or any other plot head by the plot holder.
(l)There shall be no interments on weekends and legal holidays.
(m)No interments shall be begun after 3:30 p.m.
(n)No more than two interments shall be permitted in each grave in the traditional area and no more than three interments shall be permitted in each grave in the park area.
(o)No disinterment or removal shall be allowed except for a good reason and with the written permission of the Commissioner, the written authorization of the plot holder and nearest of kin, and all permits required by law.
(p)The cemetery shall exercise the utmost care in making a removal, but it shall assume no liability for damage to any casket, burial case or urn incurred in making the removal.
(q)The cemetery reserves the right to correct any errors that may be made by it either in making disinterments or removals, or in the description, transfer or sale and substituting and selling in lieu thereof another burial right of equal value and similar location as far as possible, or as may be selected by the cemetery, or in the sole discretion of the cemetery, in allowing for a request to the Comptroller of the City of New York for a refund of the money paid on account of said Burial Right purchase. The cemetery shall also have the right to correct any error made by placing an improper inscription, including an incorrect name or date on any memorial. The cemetery shall not be liable in damages for any such errors.
(r)The cemetery shall not be deemed in default nor shall it be liable for any failure of performance event or any damages resulting from an "unavoidable delay." An "unavoidable delay" shall mean (1) strikes, lockouts, or labor disputes; (2) acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental actions, civil commotion, insurrection, revolution, sabotage or fire or other casualty or other conditions similar to those enumerated in this section.
