Appellate Division of the Supreme Court of New York, 1962

In re Rosenthal

In re Rosenthal
Appellate Division of the Supreme Court of New York · Decided April 30, 1962
16 A.D.2d 699; 1962 N.Y. App. Div. LEXIS 10081
In re Rosenthal

Opinion of the Court

In a proceeding under section 89 of the Membership Corporations Law, by the widow of Max Rosenthal, deceased, for the disinterment of Ms body from the Beth David Cemetery, the Cemetery Association of Young Israel of Flatbush appeals from an order of the Supreme Court, Queens County, dated December 28, 1961, which granted the widow’s petition. Order affirmed, without costs. Under the circumstances disclosed by this record, the granting of the motion was not an improvident exercise of discretion (Matter of Sherman [Mt. Eden Cemetery Assn.— West Side Inst. Synagogue], 107 N. Y. S. 2d 905; affd. 279 App. Div. 872, affd. *700304 N. Y. 745; Matter of Currier [Woodlawn Cemetery], 300 N. Y. 162). Beldock, P. J., Ughetta, Kleinfeld, Brennan and Hill, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.