In the Matter of the Application of Arthur B. Currier, Respondent. Woodlawn Cemetery, Appellant

Summary

The New York Court of Appeals affirmed the Appellate Division's order granting permission to remove Mrs. Margaret Currier's remains from a mausoleum to a nearby family plot, holding that the court's exercise of benevolent discretion was proper under section 89 of the Membership Corporations Law. The Court emphasized the wishes of the decedent and the lack of any religious or statutory prohibition. A dissent argued that the statute provides no authority for such discretion and that the order should be reversed.