N.Y. LIE Law § 122

§ 122. Proceedings to enforce lien. After the service of such notice,\nan action to recover the amount of the debt and to enforce a lien\ntherefor may be maintained by the lienor against the person with whom\nthe agreement was made, for the purchase and erection of such monument,\ngravestone, inclosure or other structure or for the performance of labor\nthereon. If such lienor succeeds in establishing his lien, the judgment\nrecovered may authorize him to remove such monument, gravestone,\ninclosure or other structure from the burial ground or cemetery and to\nsell the same at public auction to satisfy the amount of such judgment.\nNotice of the sale shall be published at least ten days before the time\nthereof, in a newspaper published in the town or city where such sale is\nto take place, and if no newspaper is published therein, in a newspaper\nnearest thereto. Such notice shall state the time and place of the sale,\nand shall describe the property to be sold. A copy of such notice shall\nbe served personally or by mail at least ten days before such sale upon\nthe persons served with the notice of lien as prescribed in the\npreceding section.\n