Some people may be receiving a response from Bob McCarthy which includes an attachment to a document by a lawyer. Here is my personal response, the lawyer quotes a resolution:
“At a Sidney Town Board Meeting held on August 12, 2010, the following issue was discussed:
Wheat Hill Road: The Town Board was informed that a second burial of a body was performed on private property located on Wheat Hill Road. On a motion by Mr. Schaeffer, seconded by Mr. McCarthy, and carried, Town Attorney Joseph A. Ermeti, Esq., was authorized to investigate, research and potentially commence a legal proceeding seeking an injunction prohibiting the burying of bodies on private property in violation of New York State Town Law. It was the Town Attorney’s preliminary opinion that the cemetery is being operated in violation of §1506(b) of the Public Cemetery Corporations Law which states in pertinent part that no cemetery shall be located in any town without the consent of the town board of such town. AYES: C.P. Cordes, P. Hamilton, E. Wilson. NOES: none.”
The article he is quoting from has an applicability section here:
§ 1503. Application
(a) Except as otherwise provided in subdivision (c) of section fifteen hundred seven and subdivision (m) of section fifteen hundred ten this article does not apply to (1) a religious corporation, (2) a municipal corporation, (3) a cemetery corporation owning a cemetery operated, supervised or controlled by or in connection with a religious corporation or (4) a cemetery belonging to a religious or a municipal corporation, or operated, supervised or controlled by or in connection with a religious corporation unless any officer, member or employee of any such corporation shall receive or may be lawfully entitled to receive any pecuniary profit from the operations thereof, other than reasonable compensation for services in effecting one or more of the purposes of such corporation or as proper beneficiaries of its strictly charitable purposes or unless the organization of any such corporation for any of its avowed purposes be a guise or pretense for directly or indirectly making any other pecuniary profit for such corporation, or for any of its officers, members or employees, and unless any such corporation is not, in good faith, organized or conducted exclusively for one or more of its stated purposes.
In other words, the entire document that he is considering in his ‘preliminary investigation’ doesn’t apply to us. Much less a particular line.
Further, they state on their FAQ:
Q: Are all cemeteries regulated by the State of New York?
A: No, the Division of Cemeteries and the New York State Cemetery Board regulate only those cemeteries that are incorporated under the Not-for-Profit Corporation Law.
Cemeteries that do not fall under our jurisdiction include religious, municipal, private,national and family cemeteries.
And besides, we got town zoning approval
http://www.docstoc.com/docs/55628534/Sidney-Grave-Site. To date, no one has shown me a single form that would need to be filed that wasn’t filed, nor has anyone told me who signs off on this imaginary permit form.
Next he states:
“The resolution does not mention disinterment of bodies…”
The resolution may not state it, but the first interview on the matter (on record) by The Daily Star quotes him here:
“McCarthy said the second lawsuit is against the owner of a property that allowed two Muslim burials on the property, one last November and one recently.
“These burials were done illegally, without notifying local authorities or obtaining proper permits,” he said.
“We will be seeking to have these bodies disinterred and stop future burials,” he said.
Bob McCarthy states clearly, he has already come to a conclusion on what was done legally and illegally, in advance of any conclusion by the lawyer. He also concluded what he was going to do, which was to dig up Muslim bodies.
This, my friends, is the very definition of the behavior of a bigot, not a qualified elected official.