§ 750-o. Removal of dedication. Upon the filing of a dedication
restricting real property for the operation of a pet cemetery, such
dedication may only be amended or removed by order of the supreme court
of the county where the pet cemetery is located. Such petition for
amendment or removal of dedication shall include written consent by all
persons who purchased or otherwise are entitled to rights of disposal or
rights to continuing care of a pet grave in that portion of the pet
cemetery for which the dedication is sought to be amended or removed.
If the portion of the pet cemetery for which the dedication is sought to
be amended or removed includes pet remains, such pet remains must be
removed, upon the written consent of all persons who purchased or are
otherwise entitled to rights of disposal or rights to continuing care of
a pet grave, their heirs or assigns, with the removal to be entirely at
the cost of the owner of the pet cemetery. The court, upon proof of
diligent efforts and as determined by the court, may dispense with the
written consent of any person who purchased or is otherwise entitled to
rights of disposal whose whereabouts, identity or heirs or assigns are
unknown. In the event that the court has dispensed with any person's
written consent under this section, the court may make a determination
as to the consideration appropriate for such consent and order that such
monies be deposited with the court, which shall then be paid to such
person upon appropriate proof of claim. If the premises are a pet
cemetery, such petition may additionally include an environmental audit
if required by the court, which audit shall identify any environmental
problems caused by the pet cemetery activity, including an
identification of pet disposal sites. If the environmental audit
identifies any environmental problem, it shall additionally include a
plan for the correction or remediation of such problems, including
financial, human and other resources estimates, projected time schedules
for the completion of the corrective and remedial actions, with the
court to make any order on the petition conditional upon the completion
of such corrective and remedial action or upon the deposit with the
court with such money as determined necessary for such remediation or
correction.