The Daily Gazette - Schenectady, NY
Daily Gazette

Woman in plot mixup to be interred
Judge ordered burial within 7 days
Friday, August 22, 2008

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— The body of Irene Belanger, which has been stored at a Cohoes funeral home since July 8 because a plot reserved for her had been resold, will be buried today at the Park View Cemetery, according to the attorney representing the woman’s daughter.

Belanger’s daughter, Lucille Machia, filed a lawsuit against the Albany Roman Catholic Diocese, claiming she tried to have her mother buried at a plot the family purchased in 1985 in St. Agnes Cemetery, only to learn that someone else was already buried there.

A judge ordered Wednesday that the family bury Belanger within seven days. Attorney John Aretakis said Machia decided to bury her mother today because three family members will be in Schenectady for the funeral.

Machia is seeking $200,000 in damages from the diocese, and Aretakis said his client plans to move forward with the lawsuit despite today’s burial and may even amend the lawsuit to ask for more money.

“That lawsuit is allowed to move on,” he said. “We are not releasing any of our rights.”

Diocese spokesman Ken Goldfarb was out of the office Thursday evening and did not immediately return a call seeking comment.

“[Machia is] completely devastated that the church would have this mixup,” Aretakis said. “You grieve the way you want to grieve, and nobody should be told and ordered by a judge that you have to bury your parents this week.”

Berlanger’s body has been at Marra’s Funeral Home in Cohoes pending the court case.

The plot that Machia thought was reserved for her mother at St. Agnes Cemetery was next to Belanger’s husband and son.

As part of his ruling, acting state Supreme Court Judge Thomas J. McNamara ordered that the Diocese pay for all costs associated with moving Belanger and her husband and son to plots at the cemetery of the family’s choice.

Aretakis said it will be a few weeks before Belanger’s husband and son will be moved to Park View Cemetery.

“I have been waiting 43 days because of the cemetery and diocese’s negligence. Now I have seven days to make a decision. I am angry with the church and diocese,” Machia said after NcNamara’s order. “It’s overwhelming. You think your family is at peace. Now you have to dig them up.”



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