New York Consolidated Laws, Military Law - MIL § 250-a. Lt. Colonel Todd Clark Memorial Flag Presentment 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.

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  1