§ 4202. Cremated remains; disposition. 1. Every body delivered to a
cemetery for cremation, or natural organic reduction, shall be
accompanied by a statement from a physician, coroner, or medical
examiner certifying that such body does not contain a battery or power
cell. The person in charge of a cemetery may refuse to cremate or
naturally organically reduce a body unless accompanied by such
statement.

2. Cremated remains means human remains after incineration in a
crematory. Naturally organically reduced remains means human remains
that have been naturally organically reduced to soil.

3. An institution authorized by article forty-two or forty-three of
this chapter to receive unclaimed cadavers or anatomical gifts,
notwithstanding any other provision of law, may prepare or preserve
cadavers in its lawful possession for purposes of research, study or
anatomical instruction and may cremate the cadavers or dissected remains
of such cadavers after the completion of such research, study or
anatomical instruction thereon; provided, however, that cremation shall
be performed only in a retort used exclusively for such purpose. For the
purposes of the provisions of this subdivision, such institution shall
not be subject to article fifteen of the not-for-profit corporation law.

4. At the time of the arrangement for a funeral performed by any
undertaker or funeral director, the person contracting for funeral
services shall designate his intentions with respect to the disposition
of the remains of the deceased in a signed declaration of intent on a
form as designated by the department which shall be provided by and
retained by the undertaker. Every undertaker, administrator, executor,
authorized representative of a deceased person, corporation, company or
association, or other person having in his or its lawful possession
cremated or naturally organically reduced remains, except such remains
committed to his or its care for permanent interment, which remains
shall not have been claimed by a relative or friend of the deceased
person within one hundred twenty days from the date of cremation or
natural organic reduction, may dispose of such remains by placement in a
tomb, mausoleum, crypt, niche in a columbarium, burial in a cemetery, or
scattering of the remains at sea or by otherwise disposing of such
remains as provided by rule of the department. A record of such
disposition shall be made and kept by the person making such
disposition. Upon disposing of such remains in the manner prescribed
above, such person shall be discharged from any legal obligation or
liability to the authorizing agent or any other person enumerated under
paragraph (a) of subdivision two of section forty-two hundred one of
this title in relation to such remains.