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					                                      LAW OFFICES OF
                                         ------------
                              JOSEPH A. ERMETI
                                       9 Division Street
                                   Sidney, New York 13838
                                         607-563-8910
                                      607- 563-1128 Fax
Joseph A. Ermeti
Erin J. Neale, Associate
Thomas R. Cline, Of Counsel




       At a Sidney Town Board Meeting held on August 12, 2010, the following issue was
discussed:

        Wheat Hill Road: The Town Board was informed that a second burial of a body was
performed on private property located on Wheat Hill Road. On a motion by Mr. Schaeffer,
seconded by Mr. McCarthy, and carried, Town Attorney Joseph A. Ermeti, Esq., was authorized
to investigate, research and potentially commence a legal proceeding seeking an injunction
prohibiting the burying of bodies on private property in violation of New York State Town Law.
It was the Town Attorney’s preliminary opinion that the cemetery is being operated in violation
of §1506(b) of the Public Cemetery Corporations Law which states in pertinent part that no
cemetery shall be located in any town without the consent of the town board of such town.
AYES: C.P. Cordes, P. Hamilton, E. Wilson. NOES: none.

The preceding is a copy of the resolution passed by the Sidney Town Board on August 12th. To
date no action has been taken.

This would not effect:

        Anyone that is not in violation of New York State Law
        Any holder of a valid cemetery permit

The resolution does not mention disinterment of bodies or any special segment of society.

				
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posted:10/17/2010
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