INVESTIGATIVE REPORT: Commack Cemetery Board Facing Allegations of "Free Graves," Conflict of Interest, and Explosive Meeting OutburstCOMMACK, NY — A high-stakes battle over corporate governance, transparency, and the alleged misuse of public assets is boiling over at the historic Commack Cemetery.A formal complaint has been filed with the New York State Department of State Division of Cemeteries. A sitting member of the cemetery's Board of Directors has leveled serious accusations of financial self-dealing, illegal land giveaways, and physical intimidation against the non-profit's long-entrenched leadership.The allegations center on Board President James Walker and Vice President Mitchell Hirsch. Both have continuously held leadership roles on the cemetery board for over 30 years.
💼 Alleged Law Firm Pipeline and "Free Grave" GiftCommack Cemetery, Inc. operates under strict state rules as a 501(c)(13) non-profit mutual cemetery corporation. Under both federal tax codes and the New York Not-for-Profit Corporation Law (N-PCL), cemetery entities are explicitly barred from engaging in or hosting unrelated, for-profit business enterprises.However, discovery documents and website records reveal that Vice President Mitchell Hirsch serves as "Of Counsel" for the local estate planning law firm Feldman, Kramer & Monaco, P.C.. The state complaint alleges that Hirsch and Walker have used their cemetery management control to operate a private pipeline, steering cemetery lot buyers into paying clients for Hirsch's private law and estate practice.Even more troubling for state regulators is an alleged land misappropriation involving President James Walker. According to the complaint, Walker was granted an uncompensated, completely free burial plot for his deceased spouse, Mrs. Walker, at the direct request of the Cemetery Superintendent Jerry Cespuglio. To hide the transaction from official ledgers, the plot reportedly bypassed state-approved mapping grids. It was placed in an undeveloped, non-dues burial sector of the cemetery grounds. Cemetery land cannot legally be distributed outside of standardized, state-approved price schedules.
💥 Meeting Explodes into Chaos in Front of OfficialsThe friction over these financial dealings reportedly reached a boiling point during a recent board meeting that erupted into volatile physical hostility.According to the filed complaint, when questioned about transparency and fiscal oversight, Vice President Mitchell Hirsch suffered an aggressive physical and verbal outburst. Hirsch reportedly threw himself up out of his chair, lunged into the face of a fellow board member, and aggressively exposed his backside toward attendees.What makes this incident particularly severe for the board's future is the roster of high-profile witnesses who were sitting in the room. The explosive confrontation occurred directly in front of:
🔍 State Investigation LoomingThe whistleblowing board member, Commack Secretary Julia Minerva & John E. Donegan who is also a local deeded lot owner, has formally demanded that the cemetery board immediately preserve all corporate books, financial transaction ledgers, internal maps, and communications concerning the law firm Feldman, Kramer & Monaco, P.C..The NYS Division of Cemeteries is being urged to launch an immediate administrative review and a forensic field audit. Regulators will be tasked with interviewing the state and county officials present at the hostile meeting, auditing the internal plot mapping logs to locate the unmapped plot given to President Walker, and reviewing the board's business relationships with external entities.
Sign up for free local newsletters and alerts for the
Smithtown Patch
Patch.com is the nationwide leader in hyperlocal news.
Visit Patch.com to find your town today.