N.Y. CNT Law § 553

§ 553. Trustee of cemetery lots. Any person, persons or corporation\nowning or interested in a lot or lots in any cemetery in this state may\ncreate a trust in perpetuity for the maintenance of such cemetery lot or\nlots, the preservation of a building, structure, fence or walk in such\ncemetery, the renewal or preservation of a tomb, monument, stone, fence,\nrailing or other erection or structure on or around any of such lots, or\nthe planting or cultivation of trees, shrubs, flowers or plants in or\nabout the same, or for any of such purposes, by transferring, conveying,\ndevising or bequeathing to the county treasurer of the county in which\nsuch cemetery is located, real or personal property, and designating\nsuch county treasurer as trustee in the instrument creating such trust.\nSuch instrument may direct that the income derived from such property\nshall be applied to one or more of the purposes specified in this\nsection. A county treasurer designated as trustee pursuant to this\nsection must accept the property so transferred and, within five days\nafter the receipt thereof, shall give notice by registered mail to the\ncemetery association or cemetery corporation or other entity owning the\ncemetery that such property has been received pursuant to this section\nfor the purposes provided for in the instrument creating the trust and\nsuch treasurer shall cause the same to be invested in accordance with\nthe terms of the trust, if any are prescribed, and otherwise shall\ninvest and re-invest such property in securities in which savings banks\nare authorized to invest. The income derived from such property shall be\ncollected by the county treasurer who shall be entitled to receive and\ndeduct five per centum of such income for administering the trust. The\nbalance of such income shall be paid by the county treasurer to the\ncemetery association or cemetery corporation or other entity owning the\ncemetery, and such cemetery association or cemetery corporation or other\nentity shall accept the same and apply the money so received, so far as\nthe same may be applicable, in furtherance of the purpose for which such\ntrust was created. In case the cemetery association or cemetery\ncorporation should become extinct, then it shall be the duty of the\nsupervisor of the town in which the cemetery is located, or the mayor of\nthe village or city, if it is located in a village or city,\nrespectively, to receive the income from such trust and expend it for\nthe purposes provided for in the instrument creating the trust.\n