The following papers were fully submitted on the 8th day of November, 2019: Pages Numbered Order to Show Cause by Petitioner with supporting memorandum, papers, and exhibits (Signed June 27, 2019) 1 Opposition by Respondents-Decedent’s Children (Dated September 29, 2019) 2 DECISION AND ORDER Petitioner Eugene Hermansen moves by Order to Show Cause for an Order allowing the removal and reburial of his deceased wife (Vivian Hermansen). Petitioner wishes to have his deceased wife’s body moved from Ocean View Cemetery to Moravian Cemetery-both located on Staten Island, New York. Eugene and Vivian Hermansen were married up until Vivian’s death o September 12, 1993. There are three adult children as a result of the marriage: Karen Hermansen-Hill, Eric Hermansen, and Peter Hermansen. Petitioner is now married to his current wife, Theresa Alessi. Mr. Hermansen wishes to have his former deceased wife’s remains reinterned in Moravian cemetery which is where both he and his current wife will be interred when they pass away (See affidavit of Eugene Hermansen 5, In. 1-4). Petitioner notes that his current wife consents to such request and names the reasoning for reinternment as “My current wife’s first husband is interred in that plot as well, and it is our wish to all be in the same location for our final resting place” (Id. at 5, In. 7-9) Each of Petitioner & Decedent’s three children submitted letters in opposition to the motion arguing that such request is against their mother’s wishes. Specifically, Decedent’s daughter Karen Hermansen-Hill asserts “I recall my mother coming home [from Ocean View] and telling me that she finally will have her ‘place in the country in the shade of the trees,,, (See letter from Karen Hermansen-Hill at 2, In. 2-3). Letters from Decedent’s other children relay the same message of their late mother’s wishes. Decedent’s son, Eric Hermanson submits “My mother was diagnosed with terminal pancreatic cancer in early 1993. Soon after, she and my father went to Ocean View cemetery, where her mother and father are buried, and chose her plot and final resting place on a hill under some shade trees. This is where she wanted to be for eternity” (See letter from Eric Hermansen at 1, In. 2-5). A body may be disinterred upon consent of the cemetery corporation, the owners of the lot, and of the surviving spouse, children, and parents of the deceased (see Matter of Pring v. Cemetery, 54 AD3d 766, 767 [2d Dept 2008] citing; N-PCL 1510 [e]; Matter of Lichtman v. Highland View Cemetery Corp., 289 AD2d 244, 734 NYS2d 483 [2001]). In the absence of consent, a court may grant permission to disinter upon a showing of good and substantial reasons (see N-PCL 1510 [e]; Matter of Kelly, 16 AD3d 587, 792 NYS2d 133 [2005]). Here, Petitioner failed to meet his burden of a good and substantial reason as to why his late wife should be reinterred nearly 30 years after she was buried. Although Petitioner notes that it is his and his current wife’s wishes to all be buried together, there is no evidence whatsoever that decedent shared such intention. Additionally, since there is no material issue of fact as to the Decedent’s wishes, no evidentiary hearing is required see Matter of Pring v. Cemetery, 54 AD3d 766, 767 [2d Dept 2008]) citing; Matter of Lichtman v. Highland View Cemetery Corp., 289 AD2d at 244-245; Matter of Dutcher v. Paradise, 217 AD2d 774, 776, 629 NYS2d 501 [1995]). Accordingly, it is, ORDERED, that Petitioner’s application for an Order pursuant to Section 1510(e) of New York State Cemetery Law to remove the body of Vivian Hermanson from Ocean View Cemetery is DENIED.
