Sharelle Felton et al. v. St. Joseph Hospital et al.
Attorneys and Parties
Brief Summary
Healthcare and funeral services — right of sepulcher and statutory priority to control disposition of remains.
The Supreme Court, Bronx County, denied summary judgment to the hospital, funeral home, and crematory on plaintiffs’ right-of-sepulcher claims.
The denial of summary judgment; the Appellate Division granted summary judgment to the hospital, funeral home, and crematory and dismissed the complaint and all cross-claims against them.
Defendants established that the decedent’s long-term partner, Dawn Taddeo, qualified as a “domestic partner” under Public Health Law § 4201(1)(c)(iii) [definition of “domestic partner” based on totality of circumstances (e.g., shared support, householding, children in common, length of relationship)] and therefore had priority over adult children to control disposition under Public Health Law § 4201(2)(a) [priority list granting the right to control disposition of a decedent’s remains]. Plaintiffs offered only self-serving assertions that the relationship had ended, which were insufficient to raise a triable issue of fact.
Background
Otis Felton died on February 11, 2019, at St. Joseph Hospital after being transported from a nursing home. Hospital and nursing-home records listed Dawn Taddeo as his spouse/wife. Taddeo notified a family cousin, who informed plaintiffs (decedent’s adult children). Plaintiffs visited the morgue but left no contact information and did not undertake arrangements. On February 21, 2019, Taddeo, identifying herself as the decedent’s domestic partner, engaged Ackerman Funeral Chapel for cremation, provided detailed personal information, and her son paid the costs. Ackerman retrieved the remains on February 22 and transferred them to Greenwood Crematory on February 23. Testimony indicated Taddeo signed and sent the cremation authorization on March 4, 2019, and Greenwood cremated the remains that day. Evidence showed Taddeo and the decedent had a romantic relationship exceeding 20 years, two children together, prior cohabitation, and that she remained involved in his life and final arrangements.
Lower Court Decision
By order entered on or about May 29, 2024, Supreme Court, Bronx County (Perez, J.) denied the separate motions of St. Joseph Hospital, Ackerman Funeral Chapel, and Greenwood Crematory for summary judgment dismissing plaintiffs’ right-of-sepulcher claims and all cross-claims.
Appellate Division Reversal
The Appellate Division unanimously reversed, granted the motions for summary judgment, and dismissed the complaint and all cross-claims against St. Joseph Hospital, Ackerman Funeral Chapel, and Greenwood Crematory. The court held Taddeo was the decedent’s domestic partner with statutory priority to control disposition under Public Health Law § 4201, defeating plaintiffs’ right-of-sepulcher claims. The Clerk was directed to enter judgment, and a prior decision dated September 18, 2025 was recalled and vacated.
Legal Significance
Reaffirms that a domestic partner may have priority over adult children to control disposition of remains under Public Health Law § 4201. Cohabitation at the time of death is not required where the totality of circumstances (long-term relationship, children in common, involvement in care and arrangements, records listing as spouse/partner) demonstrates domestic-partner status. Hospitals, funeral homes, and crematories acting in accordance with a domestic partner’s authority and supported records/practices are protected from right-of-sepulcher liability.
Under Public Health Law § 4201, a long-term partner who meets the statute’s domestic-partner criteria holds priority to direct the disposition of remains; absent contrary evidence, healthcare providers and funeral service entities may rely on that authority, and plaintiffs’ conclusory assertions are insufficient to defeat summary judgment on right-of-sepulcher claims.