Who has the right to decide upon the burial of a family member?
Answer
Public Health Law § 4200 ("Cadavers; duty of burial") and Public Health Law § 4201 ("Disposition of remains; responsibility therefor") provide guidance on this. Public Health Law § 4201(2) was amended by L 2022, ch 191 to establish a "majority rules" standard for disposition of remains.
In Westlaw's and Lexis's annotated codes, Notes of Decisions summarizes cases applying this law and the earlier common-law "right of sepulcher". Both platforms carry New York Jurisprudence 2d "Cemeteries and Dead Bodies."
New York Consolidated Laws Service in Lexis has a form, "Petition or Application for Order Directing Interment of Remains of Decedent.". Also available via Lexis are two forms in 5B Forms for the Consolidated Laws of NY § 4200: PH4200:1 ("Complaint in Action for Negligent Failure to Discover That Hotel Guest Had Died") and PH4200:3 ("Order Granting Temporary Injunction of Funeral and Burial Services").
In Westlaw, Pattern Jury Instruction 3:6 ("Intentional Torts—Interference with Person or Property—Outrageous Conduct Causing Emotional Distress") discusses sepulcher. Cases are indexed under the West Key Topic 116k1 Dead Bodies -- Right of possession and disposition in general.