N.Y. MIL Law § 250-A

§ 250-a. Lt. Colonel Todd Clark Memorial Flag Presentment Program. 1.\nThere shall be established within the division of military and naval\naffairs, by the adjutant general, the Lt. Colonel Todd Clark Memorial\nFlag Presentment Program. Pursuant to such program:\n a. The adjutant general upon request, may, in his discretion,\nauthorize the purchase and presentation of a flag of the United States,\nwhere such flag is not provided by the United States, to the person\ndesignated to dispose of the remains of a member of the organized\nmilitia who dies while on the active list, and whose service up to the\ndate of death was honorable.\n b. In the event the governor orders the flags of the United States and\nthe State of New York, to be lowered to half staff, in memorial of the\ndeath of any service member of the army, navy, marine corps, air force,\nspace force, or coast guard of the United States, or any service member\nof the army national guard, air national guard, state guard or naval\nmilitia, the adjutant general, shall, in cooperation with the office of\ngeneral services, arrange for the procurement of a flag of the United\nStates and a flag of the State of New York, which were flying over the\ncapitol building at the time such flags were lowered to half staff in\ncompliance with the governor's order. Upon the procurement of such\nflags, the adjutant general, or their representative, shall offer the\npresentment of such flags, without cost, to the person designated to\ndispose of the remains of the service member, in whose honor such flags\nwere lowered in memorial.\n 2. For the purposes of this section only, the following persons in the\norder named shall be designated to dispose of the remains of a decedent:\n a. Surviving spouse of decedent\n b. Blood relatives of the decedent\n c. Adoptive relatives of the decedent\n d. Person standing in loco parentis to decedent\n