Joan Marino, Plaintiff-Respondent v. Larry L. Marino, Jr., Brett Marino, Jennifer Marino, John Marino and Dorothy…

Summary

The Supreme Court of New Jersey reversed the Appellate Division, holding that the interment and disinterment provisions of the New Jersey Cemetery Act are separate schemes and that the disinterment statute does not give the surviving spouse sole authority to order removal of remains. The Court relied on a plain‑language reading of N.J.S.A. 45:27‑22 and 45:27‑23 and rejected the appellate panel’s in pari materia construction. Justice Rivera‑Soto dissented, arguing that the spouse’s exclusive statutory right was violated and that the original interment was procured by fraud.