BUFFALO, N.Y. — More than 200 families of loved ones whose remains were moved without being notified beforehand had a judge rule in their favor on Tuesday. State Supreme Court Judge Dennis Ward ruled officials with St. Matthew's Cemetery in West Seneca should have notified the court and/or families prior to the relocation.
Cemetery officials say concerns over eroding soil forced the emergency relocation and that they did not have time to notify the families affected.
In April, the cemetery president Joseph Dispenza told 2 on Your Side, "I too would be upset, but my primary responsibility is the safety of the people who are entrusted to us for perpetual care. That's exactly what I'm doing."
St. Matthew's went to court after the fact to ask permission, although the moving of the caskets had already taken place. In a five-page decision, the judge acknowledged that Forest Lawn had good reasons for moving the graves.
However, the judge still denied the cemetery's request.
The decision said in part, "The state board properly notes that the relocation is not yet completed but rather in the midst of the process. The cemetery has no authority under the statute to make the final decision, unless its initial action is subsequently ratified by the appropriate family member or by the reviewing court."
Attorney Barry Covert, who represents about 70 impacted families, says he's pleased with the decision.
Covert added, "It's ridiculous to think that the cemetery would say that they couldn't contact the family members. Maybe they wouldn't have been able to contact 100 percent, buy trying is better than not showing them that respect. The family members want that respect. They want to be involved in where's the final burial, laying ground of their loved ones and now the judge is saying he's gonna supervise that."
Both sides are scheduled to be back in court on Wednesday.
St. Matthew's released the following statement in response to Judge Ward's ruling:
Erie County Supreme Court Justice Dennis E. Ward issued a ruling on the Petition of Buffalo City Cemetery, also known as Forest Lawn, to approve the emergency dis-interments of 215 remains from the Good Shepherd burial area and their re-interment in the St. James East burial area in St. Matthew’s Cemetery in West Seneca, New York.
In his ruling, Justice Ward made two significant findings: First, the Court stated that the “unique circumstances of this case necessitated the Cemetery’s actions.” Second, the Court ruled that "Forest Lawn established good and substantial reasons for the disinterment of the decedents’ remains.”
The Cemetery is pleased that the court acknowledges the emergency circumstances that prompted its decision to protect the burials which were threatened by the collapse of the Cayuga Creek bank by immediately disinterring them.Though the Court denied the Cemetery’s request for retroactive approval of its actions “at this time,” it established the process through which the Cemetery can gain this approval.
In this regard, the Court intends to appoint two referees to assist the Court in either settling or judicially determining the final resting place of each decedent.