Sharelle Felton et al. v. St. Joseph Hospital et al.
Attorneys and Parties
Brief Summary
Control over disposition of human remains and alleged violation of the right of sepulcher within the health care, funeral, and cremation services industries.
The Supreme Court, Bronx County denied the hospital, funeral home, and crematory’s motions for summary judgment on the right-of-sepulcher claims and related cross-claims.
The denial of summary judgment was reversed; summary judgment was granted to St. Joseph Hospital, Ackerman Funeral Chapel, and Greenwood Crematory, dismissing the complaint and all cross-claims against them.
Because Dawn Taddeo qualified as the decedent’s domestic partner under Public Health Law § 4201(1)(c)(iii) [defines “domestic partner” by a totality-of-the-circumstances test, including shared support, cohabitation, shared expenses, children, intent to marry/register, or length of relationship], she had priority over the decedent’s adult children to control disposition of remains under Public Health Law § 4201(2)(a) [establishes a priority list of persons authorized to control the disposition of a decedent’s remains]. Defendants established this prima facie and plaintiffs failed to raise a triable issue.
Background
Otis Felton died on February 11, 2019 at St. Joseph Hospital after transfer from Parkview Nursing Home. Hospital and nursing home records listed Dawn Taddeo as his spouse/wife. She notified plaintiffs’ family of the death. Plaintiffs visited the hospital morgue but did not provide contact information or pursue arrangements. On February 21, 2019, Taddeo, identifying herself as decedent’s domestic partner, engaged Ackerman Funeral Chapel to retrieve the body for cremation, provided detailed personal information, and paid (through her son). Ackerman transported the remains to Greenwood Crematory on February 23. On March 4, 2019, Taddeo signed and sent the cremation authorization, and Greenwood cremated the remains the same day. Plaintiffs sued for violation of the right of sepulcher.
Lower Court Decision
The Supreme Court, Bronx County (Bianka Perez, J.) denied the separate motions for summary judgment by St. Joseph Hospital, Ackerman Funeral Chapel, and Greenwood Crematory, leaving plaintiffs’ claims and all cross-claims pending.
Appellate Division Reversal
The Appellate Division, First Department unanimously reversed, granted summary judgment to St. Joseph Hospital, Ackerman Funeral Chapel, and Greenwood Crematory, and dismissed the complaint and all cross-claims against them. The court held that Taddeo was the decedent’s domestic partner with statutory priority to control disposition of his remains, defeating the right-of-sepulcher claims. It found plaintiffs’ contrary assertions insufficient to raise a triable issue. The Clerk was directed to enter judgment, and a prior September 18, 2025 decision and order was recalled and vacated.
Legal Significance
Confirms that under New York’s Public Health Law framework, a qualifying domestic partner has priority over adult children to control the disposition of remains, and that cohabitation at the time of death is not determinative where the decedent resided in a care facility. Hospitals, funeral homes, and crematories may rely on a person with apparent authority who satisfies the statutory criteria, and absent underlying liability, related cross-claims must be dismissed.
Where evidence shows a longstanding relationship meeting the Public Health Law’s domestic-partner criteria, that partner’s authorization governs final disposition decisions, defeating right-of-sepulcher claims by adult children and warranting summary judgment for health care and funeral service providers.