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Second Appeal Letter
PA ID# XXX-XXXXX; Buffalo City Cemetery, Inc a/k/a Forest Lawn Cemetery
DSR ID# XXXXX; Request for Public Assistance
August 13, 2008
John A. Agostino
Alternate Governors Authorized Representative
New York State Emergency Management Office
1220 Washington Avenue
Building 22, Suite 101
Albany, NY 12226-2251
RE: Second AppealBuffalo City Cemetery, Inc a/k/a Forest Lawn Cemetery, Request for Public Assistance
Dear Mr. Agostino: This is in response to your letter dated April 17, 2007, transmitting the referenced second appeal on behalf of the Buffalo City Cemetery, Inc a/k/a Forest Lawn Cemetery (Cemetery). The Cemetery is appealing the Department of Homeland Securitys Federal Emergency Management Agencys denial of its Request for Public Assistance.
In its first appeal, the Cemetery asserted that it is: an eligible educational private non-profit (PNP) facility because it has educational programs; a custodial care facility because it perpetually cares for the deceased; a museum because its facility is registered in the New York State Registries of Historic Sites; and, a facility that provides health and safety services of a government nature because burial and cremation of the dead is in the interest of the publics health. In its second appeal, the Cemetery stated that the Buffalo Sewer Authority and other entities use the road located in private property to access the Scajaguada drain.
The Cemeterys primary function is as a cemetery/crematory as stated in the Certification of Incorporation of Forest Lawn Heritage Foundation, Inc. The Cemeterys facility does not meet the requirements of an eligible PNP facility as defined in 44 CFR §206.221(a) and (e) and further explained in Disaster Assistance Policy 9521.3, PNP Facility Eligibility,
that states that cemeteries are ineligible PNP facilities. Accordingly, I am denying the appeal.
Please inform the Cemetery of my decision. This determination is the final decision on this matter pursuant to 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: Steven Kempf, Jr.
FEMA Region II