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Contact:
Michael R. Coston
Director of Marketing and Public Relations
Forchelli, Curto, Schwartz, Mineo, Carlino & Cohn, LLP
Phone: 516-248-1700
Email: mcoston@forchellilaw.com
Partner Richard
A. Blumberg's Latest Legal Victory Featured in the New York
Law Journal
"Judge Denies Request to Exhume Husband's Body"
by Mark Fuss, 3/28/06
Mineola, March 12, 2006 — Partner Richard A. Blumberg
successfully opposed a motion to permit a widow to exhume
and cremate the body of her deceased husband one year after
his death, against the wishes of the decedent’s mother,
children and twin sibling. Blumberg's legal victory was
featured in the latest issue of the New York Law Journal.
Arguing that the widow lacked good and substantial reason
to disturb her husband’s remains, the court agreed
with Blumberg’s position. In a ruling handed down
on March 9, 2006 by Supreme Court Justice Thomas F. Whelan
of Suffolk County, the widow’s motion to exhume the
body of her deceased husband was denied.
“This case dealt with a number of sensitive issues.
Not only did the widow wait almost a year before seeking
to exhume her late husband, but it was also apparent from
the record that the decedent never sought to be cremated.
In fact, his will is devoid of any mention of cremation,”
notes Richard A. Blumberg, attorney for the decedent’s
mother.
“At the end of the day, the court reaffirmed the rule
that disinterment will not be allowed unless the person
seeking disinterment can set forth substantial reasons for
disturbing the dead,” Mr. Blumberg further explained.
Richard A. Blumberg's practice focuses on commercial and
real estate litigation. He has litigated a wide variety
of claims, including homeowner association disputes, commercial
and residential landlord/tenant proceedings, tax lien matters
and boundary line disputes. Mr. Blumberg has substantial
experience in appellate practice and has appeared before
the state's highest court, the New York Court of Appeals.
For more information, please pick up the latest issue of
the New York Law Journal or visit www.nylj.com.
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