Opinion
Argued January 27, 2000
March 9, 2000
In a proceeding pursuant to Not-for-Profit Corporation Law § 1510(e), the petitioner appeals from an order of the Supreme Court, Nassau County (DiNoto, J.), entered February 18, 1999, which denied her petition to disinter the body of her deceased husband, Arnold Chait, from Beth David Cemetery and to reinter his body in Mount Carmel Cemetery on condition that the respondents convey to the petitioner title to the burial plot immediately adjacent to that of Arnold Chait.
Kravet Vogel, LLP, New York, N.Y. (Donald J. Kravet of counsel), for appellant.
Richenthal, Abrams Moss, New York, N.Y. (Arthur Richenthal of counsel), for respondents.
CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
The Supreme Court providently exercised its discretion in denying the petition to disinter Arnold Chait on condition that the respondents transfer to the petitioner title to the burial plot immediately adjacent to that of Arnold Chait (see, Matter of Fromm, 280 App. Div. 1022 ; Matter of McEvilly, 54 Misc.2d 602 ;Matter of Frost v. St. Paul's Cemetery Assn., 44 Misc.2d 589 ;Matter of Costa, 83 N.Y.S.2d 65, affd 274 App. Div. 872).
O'BRIEN, J.P., SULLIVAN, GOLDSTEIN, and H. MILLER, JJ., concur.