Instagram

UPDATE Norwood: McKeon Funeral Home Business Dispute Causes Chaos

POLICE LEAVE MCKEON Funeral Home, located at 3129 Perry Avenue in the Norwood section of The Bronx, after allowing both parties to a legal dispute over ownership of the business, access to the home on Friday, September 23, 2023. The case headed to civil court following the escalation of the dispute and is still undecided.  
Photo by David Greene

The following is an extended version of the story that appears in our latest print edition.

 

A business dispute among former business associates of a longtime, Bronx funeral home in Norwood has left an unfathomable situation for clients of the business, according to one of the parties to the dispute who said families of the deceased still have to pick up cremated remains and death certificates from the business, while the related files have been removed from the premises.

 

The same party said because certain family members’ “prearrangement” documents have been removed from the premises by the other (second) party in the midst of the dispute, it leaves families of the deceased in a type of legal limbo as regards their loved ones’ wishes. The situation has also raised allegations by one party that a “bogus” filing was allegedly made to NYC Department of Social Services-HRA Office of Burial Services (OBS) in respect of at least one funeral expense claim. Meanwhile, the second party to the dispute has raised allegations of theft in respect of the first party.

 

According to the State health department’s bureau of funeral directing, people can preplan their own funerals and pay for them in advance. State officials say before doing so, people should know about New York State’s “laws that regulate prepaid funeral money.” Additionally, in New York State, only a licensed and registered funeral director may make funeral arrangements for the care, moving, preparation and burial or cremation of a deceased person. According to NYS DOH, at the least, the funeral director will file the death certificate, transfer the body, coordinate with cemetery or crematory representatives, make the necessary preparations, and move the body to the cemetery or crematory.

 

A notice posted to the website of McKeon Funeral Home (McKeon), located at 3129 Perry Avenue in Norwood, states that the funeral home is under new management as of Jul 27, 2021. A further notice on March 31, 2023 states, “McKeon Funeral Home is now closed as per NYS licensing bureau. Kathleen Conley is still handling the previous clients that have death certificates and cremated remains at the funeral home. She is standing by to reopen the business for the Norwood community.”

 

The notice continues, in part, “William Curran has shut down the business and cannot legally run funerals either.” The notice further alleges  that Curran allegedly took some or all of “the pre-arrangements and is withholding the information as to the location of these files.” According to the list of closed firms on the website for NYS Department of Health Bureau of Funeral Directing (NYS DOH BFD), John F.X. McKeon & Son Inc. [funeral home], originally located at 2405 E Tremont Avenue in The Bronx and established in the 1900s, was closed on May 27, 1999.

 

According to court records filed with the Bronx County Clerk on May 17, 2023, John F.X. McKeon & Son Inc. does business as “McKeon Funeral Home,” located at the Perry Avenue address listed above. According to NYS DOH BFD, McKeon Funeral Home closed on Feb. 15, 2023.

A BATTLE OVER rightful ownership McKeon Funeral Home began when the apparent former owner, William Curran, (far right) allegedly attempted to physically take back the business from the apparent new owner, Kathleen Conley, before police were called to the business address at 3129 Perry Avenue in the Norwood section of The Bronx, on Friday, September 23, 2022.
Photo by David Greene

The disagreement came to a head in September 2022, and on May 17, 2023, a summons was issued and the parties are now engaged in a civil legal dispute. According to court documents, the “corporate defendants” are Curran, John F.X. McKeon & Son, Inc. (McKeon) also doing business as McKeon Funeral Home, located at 3129 Perry Avenue, Bronx, 3130 Curran Realty, Corp. (3130), located at 3130 Perry Avenue, Bronx, and WTC Realty, LLC, (WTC) located at 3141 Perry Avenue, Bronx.

 

Curran, according to court documents, resides in the State of Florida, and in addition to being the owner, officer, managing member and/or majority shareholder of McKeon Funeral Home (subject to the outcome of a civil court case) is also the owner, officer, managing member and/or majority shareholder of 3130 Curran Realty Corp., and WTC Realty, LLC. He also has an address at 3129 Perry Avenue and is also a notary.

 

The plaintiffs are his former employees (subject to the outcome of a civil court case), Conley and Ronald Schnepf, both living in The Bronx, according to court documents. The NYPD was called to the funeral home on Friday, Sept. 23, 2022, when Curran backed his truck up against the front doorway of the home. Both parties reportedly called the police, and at around 10 a.m. that day, a police dispatcher was heard on police radio transmission saying, “Someone wouldn’t return keys.”

 

Norwood News arrived at the location prior to the police on the day in question and watched the incident unfold. Curran appeared to be dismantling locks at the location, though when we later contacted police for more details of the incident, this was not confirmed and police said they had no report on file for Friday, Sept. 23, at the funeral home address.

 

The same day, both parties were observed appearing to make their respective cases to the police, and at 10.40 a.m., Curran appeared to call someone [possibly his attorney] and gave his phone to one of the officers. After several minutes, the officer gave the phone back to Curran and made a call on his own phone.

BOTH SIDES OF a dispute over ownership of McKeon Funeral Home, located at 3129 Perry Avenue in the Norwood section of The Bronx, spoke with police officers for nearly one hour before police eventually gave access to both parties on Friday, September 23, 2022. The matter is currently subject to a court inquiry. 
Photo by David Greene

Curran was then heard saying, “Then, they [appearing to refer to Conley and Schnepf] can have the building for free.” He added something about them having the apartment upstairs and giving him back the business. Meanwhile, Conley was heard saying, “He doesn’t understand what the problem is.”

 

Referring to Conley, an officer was then heard saying to Curran, “Yeah, she’s saying you can’t be here.” Curran was then heard saying, “We’re fighting over the business. I don’t know what to do.” Officers then requested a supervisor to the scene. Curran alleged a desk had been cleared out and that Conley and Schnepf were allegedly removing things that shouldn’t be removed. At around 10.56 a.m., an officer was heard talking to a sergeant and at 11.03 a.m. a second and then a third patrol vehicle pulled up. Curran gave the sergeant a document as the discussion continued, and at 11.18 a.m., the first officers on scene left the location.

 

At 11.18 a.m., Curran pulled the truck out from the front of the funeral home and the remaining officers left at 11.20 a.m. Norwood News spoke to both parties that day and subsequently. We asked Conley on the day of the incident if police were giving both parties access to the business for the time being. She replied, “For now. I’m taking all my stuff until he proves it. It’s not his no more. Maybe we can fight this.”

 

Curran then asked Conley, “Are you putting the van in the driveway?” and she responded, “Yes.” Curran then said, “So, I’m gonna go in the garage then.” Conley replied, “Well, ya gotta wait… I don’t trust anybody.” Curran replied, “That’s fine.” Conley then said, “The cops said we gotta work together so you wait for me. Move your truck.” Curran answered, “You haven’t been waiting for me.”

 

Curran then parked his truck in the garage, and Conley parked her vehicle in a side driveway. Curran later told Norwood News that day, “The agreement was we were supposed to move into a possible ownership transfer, but unfortunately there was some [alleged] fraud involved. There was some [alleged] theft involved, and that’s why now we’ve served them and we’re going to court and we’re asking for them to be removed.”

 

Asked what type of alleged fraud and theft was involved, Curran said, “They [allegedly] stole two cars and $46,000 from the checking account. Obviously, that’s ‘allegedly’ until the court says, so we can’t say that, but that’s the reason why we’re back and that’s the reason why I’m trying to secure the business because they have both resigned from the business by letter of their attorney.”

 

Curran added, “Their attorney said they both resigned so therefore they’re now trespassing on the business.” Asked about the police decision to let them stay, Curran said, “And the police let them stay, as well as they let me stay.” Asked if Conley and Schnepf had access to the apartment upstairs, he replied, “They also have access to upstairs which we were never trying to stop them from.”

 

He continued, “We just wanted to remove them from the business because I’m not really understanding, even right now, why they have access to my business when they’ve resigned. Apparently in New York City, I guess you resign from your position, you can stay and live in your employer’s home or employer’s business.”

 

After speaking further with Conley, we put it to Curran that Conley said she had made all required payments as regards the business, and that it was Curran who had “done something with the State health department” that had caused the business to be shut down. He replied, “Yeah, once the fraud was discovered, I shut the accounts down, and stopped allowing them to have access, obviously.”

POLICE ARRIVE AT McKeon Funeral Home, located at 3129 Perry Avenue in the Norwood section of The Bronx, after the apparent former and current owners begin a bitter legal fight over ownership of the home on Friday, September 23, 2022. The ownership matter is currently subject to a court inquiry. 
Photo by David Greene

Asked if he was allowed to start the business back up, Curran said, “Oh, well the business has never really stopped. They stopped running it, which is why I’m here trying to save it before, you know, they destroy it, but the business never stopped. It’s still registered. It’s still licensed with the Department of Health.” As above, on the list of funeral homes on the NYS DOH BFS site, McKeon Funeral Home is listed as closed.

 

Conley and Schnepf also disputed this claim by Curran and alleged he was still taking business calls even though the business was shut. We put Curran’s allegations of fraud to Conley. She told us that as McKeon Funeral Home was closed, the resignation was tendered to open up the business as “Perry Avenue Funeral Home.”

 

She added that she had also prepaid on a legal agreement in relation to the business until May 1, 2023, so could not be trespassing on premises she said she owns. “We stole NO files,” she said. “Every one [is] accountable under the roof of 3129 Perry Avenue EXCEPT for all prearrangement files that William Curran, along with his henchmen, [allegedly] stole,” she alleged.

 

Conley also alleges Curran allegedly took an embalming machine, stretchers from the premises and destroyed over $25,000 worth of cameras purchased after July 2021, and that he allegedly took out over $100,000 in personal loans through the company after the transfer of ownership, that she was paying off, and that this was done without her knowledge.

 

Conley reached out to the courts on May 2, writing, “Not sure if a decision has been made yet with this case. We feel a jury trial will go our way across the board.” Conley also told Norwood News that a company van and the title of Schenpf’s personal car, which she said was always registered in his name, was signed over [by Curran] on July 1, 2021 when the parties entered into a transfer of ownership.

 

According to court documents, Conley and Schnepf are bringing the civil court action against the “corporate defendants,” which include Curran, to remedy violations of New York Labor Law (“NYLL”) and NYS Department of Labor regulations, based on “the defendants’ misclassification of Conley and Schnepf as independent contractors, when they were employees, entitling them to unpaid minimum wages, overtime wages, spread of hours pay, prejudgment interest, liquidated damages, notice and statement damages, penalties, attorneys’ fees and costs.”

 

According to court documents, 3130 Curran Realty Corp operates an apartment complex of seven units and WTC Realty, LLC operates an apartment complex with seven units both on Perry Avenue. According to court documents, Curran held the power and authority to hire and fire employees, control employee work schedules, set employee wage rates, and maintain employee pay records, and the corporate defendants were joint employers of Conley and Schnepf, in that the defendants maintained common ownerships over the operations of each company, and were able to shift Conley and Schnepf from one corporation to another without the need for executing new paperwork.

THE APPARENT FORMER owner of McKeon Funeral Home, William Curran, is joined by three women on Friday, September 23, 2022, as he backs his truck into the funeral home’s front door in an attempt to physically take back the business he sold to new owners before reneging on the deal. The matter is currently subject to a court inquiry. 
Photo by David Greene

We asked Curran for comment on the various allegations made by Conley and Schnepf. He said, “Yes, I have the prearrangement documents. Anyone looking for information can contact me via the main funeral home number which is (718) 655-6464. I removed these files in order to protect the individuals’ information, as well as monies deposited from being at risk. I have alerted the New York State pre-plan system, as well as consolidated funeral fund so that an extra level of security is taken before any funeral money is dispersed.”

 

Curran continued, “Any other telephone number is a bogus number they have created and is not filed or approved with the Department of Health Bureau of Funeral Directing. There are several of these numbers they have put out there in order to intercept funerals away from the legitimate business and telephone number that we have used for decades and decades.”

 

He added, “They have done this on Google and other social media sites. However, the only official number is the one listed with the State.” Conley said Curran has no evidence of any wrongdoing on her part. Norwood News contacted the New York State Department of Health for comment on the situation. A representative responded, saying, “The management of the McKeon Funeral Home made the decision to suspend operations due to the resignation of the manager. Pending the appointment of a new manager, McKeon is not registered with the Department of Health as a funeral firm in New York State.”

 

The representative continued, “To protect consumers and to ensure funeral directors adhere to all applicable state regulations related to the practice of funeral directing, New Yorkers who have concerns or complaints about a funeral home are encouraged to file a complaint by using the complaint form found here. Complaints will be reviewed by the Bureau of Funeral Directing so appropriate action can be taken, if necessary.”

 

Conley further alleged that a bogus funeral expense claim was filed with DSS-HRA Office of Burial Services in respect of at least one deceased person who died in 2015, and that documents have been lodged with the FBI, Homeland Security, and The Office of the Bronx District Attorney regarding McKeon Funeral Home.

 

We asked DSS if this was the case, if DSS had received any other similar duplicate claims, and if so, who submitted the claims, and for how much money. DSS responded, referring us to a lengthy explanation of the department’s burial assistance program. They made reference to the privacy of social services recipients, protected by law, suggesting this precluded them from releasing any information to us.

 

We asked if, on a no-names basis, DSS could confirm if the department had received DSS duplicate claims for funeral expenses in respect of McKeon Funeral Home and if so, from whom, and for how much money. We did not receive a response.

A NOTICE ADVISING of parking for customers only is displayed on the gate beside McKeon Funeral Home (currently closed) on Perry Avenue in Norwood on May 15, 2023.
Photo by Síle Moloney

Norwood News also contacted the NYPD, the Bronx District Attorney (DA)’s Office, the FBI, the U.S. Department of Homeland Security, and the Office of Court Administration in relation to the allegations made by Conley. The NYPD said they could not respond without receiving more specific information. We did not receive an immediate response from either the FBI or the Bronx DA’s office. The Office of Court administration referred us to the civil court case files relating to the dispute, and when asked if there was a future court date set, they said there was no update on the case for the moment.

 

The Office of Homeland Security replied saying, “HSI New York does not have any involvement with this individual,” referring to Curran. We asked if HSI in any jurisdiction had received any complaint in respect of any of the listed defendants. A representative replied saying they did not. We also asked Curran for comment on the alleged duplicate filing and other allegations. On June 12, Curran responded saying, “Unfortunately, I am unable to comment on anything connected to an ongoing criminal investigation.”

 

On the website, www.funeralfinder.com, John FX Mckeon And Son Inc., with an address at 3129 Perry Avenue, Bronx, New York 10467, is listed, with the contact telephone number cited by Curran above. An extract reads, “John FX Mckeon And Son Inc. provides funeral and cremation services to families of Bronx, New York and the surrounding area. A licensed funeral director will assist you in making the proper funeral arrangements for your loved one. To inquire about a specific funeral service by John FX Mckeon And Son Inc., contact the funeral director at 718-655-6464.”

 

A NOTICE ADVISING of parking for customers only is displayed on the gate beside McKeon Funeral Home (currently closed) on Perry Avenue in Norwood on May 15, 2023.
Photo by Síle Moloney

For more information on your rights regarding the prepayment of funerals, click here. “This brochure explains your rights under the law and the decisions you need to make when preplanning or prepaying your own funeral, or that of a friend or relative,” an extract from NYS DOH BFD site reads.

Editor’s Note: An earlier version of this story made reference to an allegation of a duplicate claim for funeral expenses filed with NYC Department of Social Services. In fact, the allegation was of a “bogus” claim. We apologize for this.

 

Welcome to the Norwood News, a bi-weekly community newspaper that primarily serves the northwest Bronx communities of Norwood, Bedford Park, Fordham and University Heights. Through our Breaking Bronx blog, we focus on news and information for those neighborhoods, but aim to cover as much Bronx-related news as possible. Founded in 1988 by Mosholu Preservation Corporation, a not-for-profit affiliate of Montefiore Medical Center, the Norwood News began as a monthly and grew to a bi-weekly in 1994. In September 2003 the paper expanded to cover University Heights and now covers all the neighborhoods of Community District 7. The Norwood News exists to foster communication among citizens and organizations and to be a tool for neighborhood development efforts. The Norwood News runs the Bronx Youth Journalism Heard, a journalism training program for Bronx high school students. As you navigate this website, please let us know if you discover any glitches or if you have any suggestions. We’d love to hear from you. You can send e-mails to norwoodnews@norwoodnews.org or call us anytime (718) 324-4998.

Like this story? Leave your comments below.