§ 55-3. Burial rights and restrictions., Chapter 55. Division of Cemeteries, 3: GOVERNMENTAL DEPARTMENTS, Code of Ordinances, Hempstead, Town

A body, or cremated remains, may be removed from its place of interment in one grave to another grave or lot in the cemetery where there has been an exchange or purchase for the disinterment and interment of the remains.

Prior to interment all caskets shall be contained within a cement vault, except that no cement vault shall be required when the casket will be placed above an existing casket which is not enclosed within a cement vault.

A purchaser may only bequeath or devise the burial rights of his/her plot to qualified heirs who have relationships to the purchaser-testator/testatrix by blood or marriage. If there is no will at the time of the purchaser's death, the laws of intestate distribution as stated in the New York State Estates, Powers and Trusts Law will govern. A lawful heir or distributee, as defined hereinabove, may assign his burial rights to his next of kin, and a joint owner may assign his burial rights to his joint tenants.

Where more than one person is legally entitled to the possession of a deed conveying burial rights to a grave or lot, they shall file a written designation with the Division of Cemeteries for the purpose of designating a responsible member of the family to retain ownership and control of said deed, and in the absence, failure or refusal to make such a designation, the Director shall be empowered to act on behalf of the person who otherwise would have such authority.

Where a grave or lot is devised and bequeathed by a will admitted to probate to a relation by blood or marriage, a certified copy of the will must be filed with the Division of Cemeteries.

In the absence of probate or where there is a probated will which does not dispose of a grave or lot, an affidavit of heirship will be required for filing with the Division of Cemeteries in a form approved by the Division and which states the names and addresses of all heirs and their relationship to the deceased owner of the grave or lot.

Upon entering the cemetery grounds, all funerals shall be under the supervision of the Director or his representative.

After a casket shall enter upon cemetery grounds, under no conditions shall it be permitted to be opened without written authority from the Director, after the consent of legal representatives of the deceased or pursuant to a court order by a court of competent jurisdiction, as the case may be.

The burial rights of any stepchildren and/or adopted children of the original plot owner or the lawful heir thereof in the subject plot shall be governed by the provisions of the New York State Estates, Powers and Trusts Law.