New York Laws
Article 11 - Privileges, Prohibitions and Penalties
250-A - Lt. Colonel Todd Clark Memorial Flag Presentment Program.

§ 250-a. Lt. Colonel Todd Clark Memorial Flag Presentment Program. 1.
There shall be established within the division of military and naval
affairs, by the adjutant general, the Lt. Colonel Todd Clark Memorial
Flag Presentment Program. Pursuant to such program:

a. The adjutant general upon request, may, in his discretion,
authorize the purchase and presentation of a flag of the United States,
where such flag is not provided by the United States, to the person
designated to dispose of the remains of a member of the organized
militia who dies while on the active list, and whose service up to the
date of death was honorable.

b. In the event the governor orders the flags of the United States and
the State of New York, to be lowered to half staff, in memorial of the
death of any service member of the army, navy (including marine corps),
air force, or coast guard of the United States, or any service member of
the army national guard, air national guard, state guard or naval
militia, the adjutant general, shall, in cooperation with the office of
general services, arrange for the procurement of a flag of the United
States and a flag of the State of New York, which were flying over the
capitol building at the time such flags were lowered to half staff in
compliance with the governor's order. Upon the procurement of such
flags, the adjutant general, or his or her representative, shall offer
the presentment of such flags, without cost, to the person designated to
dispose of the remains of the service member, in whose honor such flags
were lowered in memorial.

2. For the purposes of this section only, the following persons in the
order named shall be designated to dispose of the remains of a decedent:

a. Surviving spouse of decedent

b. Blood relatives of the decedent

c. Adoptive relatives of the decedent

d. Person standing in loco parentis to decedent

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