Man Dies, Cousin Tries To Stop Cremation At IJ Morris Star of David Cemetery. Emergency Lawsuit Filed.
BY: ANDREW COLTON | Editor and Publisher
PALM BEACH COUNTY, FL (BocaNewsNow.com) (Copyright © 2023 MetroDesk Media, LLC) — A New York man is suing IJ Morris Star of David Cemetery of the Palm Beaches, arguing that his cousin shouldn’t be cremated because it’s not what the man would have wanted.
Lazar Stern, listed as a “resident of New York and first cousin of the decedent,” is seeking an emergency order preventing IJ Morris Star of David from cremating Bernard Stern who lived in Palm Beach County. Bernard Stern died on January 6th — and what happens to his body may be determined by a judge.
“His body is currently located at the Funeral Home who has been contacted regarding this situation and (Lazar Stern) has confirmed that the Funeral Home is contracted to cremate the remains of Bernard Stern. The decedent was born and raised Jewish… Petitioner (Lazar Stern) knows that Bernard Stern desired to have his remains buried in a burial plot located in Florida.”
The complaint makes a very specific request of the Palm Beach County Circuit Court Judge assigned to the case: “Petitioner does not seek a judicial declaration that he has the unilateral right to control the distortion of the Decedent’s body. Rather, he is merely seeking an injunction forbidding the funeral home from disposing of the body of Bernard Stern, or taking any other action in connection with the disposal of Decedent’s body, until this matter can be resolved to allow for the Decedent’s wishes to be fulfilled.”
The complaint also states: “If cremation occurs, the Decedent will not be permitted to be buried as he desired as were his explicit desires. Petitioner has no adequate remedy at law. The filing of a lawsuit for a declaration of the legal rights over the disposition of the body would take time, and time is of the essence.”
Lazar Stern is represented by attorney Menachem Mayberg of Miami. There is no indication, based on the Court’s record as of mid-day Wednesday, when a judge may take action. No other family member, as of our mid-day check, had filed a petition in the case. Read the complete lawsuit, below.
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