ALBANY — A judge has ordered a woman whose body has been at Marra's Funeral Home in Cohoes since July 8 because her cemetery plot was sold to be buried within seven days.

Acting state Supreme Court Judge Thomas J. McNamara ruled this morning that Irene Belanger either be buried at St. Agnes Cemetery in Cohoes or in another cemetery chosen by the family. He also ordered that the bodies of Belanger's husband and son be moved from their plots at St. Agnes and re-buried with Irene Belanger in a three-plot lot of the family’s choosing.

McNamara also ordered the cemetery, which is owned by the Albany Roman Catholic Diocese, to pay all costs.

Lucille Machia, Irene Belanger's daughter, filed a lawsuit against the diocese after, she claimed, she tried to have her mother buried in the family plot at St. Agnes Cemetery after her death on July 8, only to learn the plot she purchased in 1985 had been sold to someone else. In the suit, filed in state Supreme Court in Schenectady, Machia sought $200,000 in damages.

She appeared in Albany Supreme Court this morning after the cemetery filed a request to expedite the internment. Diocesean spokesman Kenneth Goldfarb said the cemetery became aware of the error in 2003, acknowledged it made a mistake and offered to provide a new, three-grave lot and to move the bodies of the two family members already buried, but the offer was declined by Machia and her attorney, John Aretakis.

"I have been waiting 43 days because of the cemetery and diocese's negligence," Machia said this morning. "Now, I have seven days to make a decision. I am angry with the church and diocese."

McNamara told Machia his sole concern was that Machia's mother be given a proper burial and that she and other family members be allowed to grieve their loss. But Aretakis said Machia felt intimidated in court and objected several times to McNamara's ruling and said there were outstanding legal issues that had to be resolved.

McNamara was adamant that a decision be made today, however, and said he must follow public health law, which requires human remains to be properly interred. He said any outstanding legal matters can be resolved after Belanger is buried.

Aretakis said he may request a stay to block the burial.