State judge Arthur G. Pitts has ruled that Kate Rothko Prizel and Christopher Rothko, children of the artist Mark Rothko, may transfer their father's remains from the East Marion cemetery where they currently reside to a Jewish cemetery in Westchester County. Prizel and Rothko had previously sued to exhume their father's remains, after obtaining the approval of East Marion Cemetery Association in March 2007.

Approval was also needed from Georgianna Savas, the executor of the estate of artist Theodoros Stamos, who was Rothko's good friend and owned the plot where Rothko is buried. Savas had previously consented to the move in writing, although she says she reconsidered a year later.

"Although the Court has received numerous letters regarding the instant petition, no party has sought to intervene and the application must be deemed unopposed," Pitts wrote. Prizel and Rothko are also seeking to exhume their mother's remains from a Cleveland cemetery and bury them alongside their father's.