Commack Cemetery Complaint Lot Owners Meeting did not follow NYS Guidelines

This Complaint is being emailed to the Commack Cemetery and all its Board Members, Deputy Chief, Attorney General Jill Faber, Frank Scagluso, Esq., Legislator Leslie Kennedy, Suffolk County Comptroller, John Kennedy

This is putting the Commack Cemetery on notice. The Lot Owners Meeting scheduled for Saturday, June 13, 2026 at 10:00am at the office located at 450 Townline Road, Commack, Ny 11725 must be cancelled due to the following:

• Failure to give lot owners proper notice of the meeting. The website was just recently updated with the current date, Legal notice must be posted 3 weeks in advance on the website, proof of posting in a local newspaper, and in accordance with Not for Profit Corporation Law. Any voting that takes place is null and void as it has because it will not be done by proper assembly.

• Failure to hold an assembly of Board members and Officers and notify ALL, not excluding the Secretary, Julia Minerva from such meeting in violation of Robert’s Rules, holding a meeting in the absence of certain directors without notice is unlawful. No minutes were presented through email or U.S. postal mail. This board continues to prove that they are incapable of fulfilling their duties and eroding public trust.

• Failure to conduct a proper and legal lot owner’s meeting on April 26, 2025. A rigged election with padded voting, which elected a non-lot owner, Marybeth Medolla to a Trustee position in an alleged attempt to block a legal lot owner, Mr. John Donegan from coming on the board.

• Mitchell Hirsch carefully orchestrating meetings and instructing certain members to run the Commack Cemetery as their own province. He was not voted in to represent the cemetery in 4th District Court. He took it upon himself to register with the court on the matter of the taking down of 15+ trees in the cemetery. He was advised by the Suffolk County Comptroller he could not act in a dual capacity, as Vice President and as Legal Counsel for the cemetery.

• Alleged perpetual criminal activity, using funds with no definitive purpose.

• Emeritus money should be paid back. Will the cemetery be sending a letter?

• Money that comes in is for permanent maintenance. There should be a significant amount of money in that account for over 30 years. The board has not been transparent with any and all financial statements. The lot owners are entitled to copies of an annual financial report of the cemetery.

• All who hold NYS licenses have a fiduciary duty, if you fail outside the parameters of your license, you are violating the conditions of that license and the NYS Licensing Division will be notified.

• NPCL 1515, Actions affecting cemetery corporations

In any action or proceeding affecting or instituted by any cemetery corporation the cemetery board shall be served with notice thereof in the same manner as any necessary party and shall take such steps in the action or proceeding as it may deem necessary to protect the public interest.

Respectfully,

John E Donegan Jr.

Commack Cemetery Trustee