VALHALLA, N.Y. (CBSNewYork) — A White Plains man has filed a lawsuit alleging that a cemetery in Valhalla failed to bury his sister’s remains.

In January 2011, Darryl Jenkins said he paid the Kensico Cemetery to open his mother’s grave to bury his sister’s ashes there.

It wasn’t until this past August when he went to bury his deceased brother that cemetery staffers told Jenkins that his sister’s remains had never been buried.

“It’s been very traumatic,” Jenkins said. “I was very upset about it.”

Jenkins claims he was told that his sister’s ashes are in a holding vault instead of his mother’s plot.

“They couldn’t tell me anything, they couldn’t answer any of my questions,” Jenkins said. “The only question that they had answered was the she was in a holding vault. They couldn’t tell me why she was there or how come she wasn’t buried.”

He’s concerned that the remains in the holding vault are not those of his sister.

“The paperwork was never checked, because you have to have paperwork when you cremate someone, and they never confirmed that was her, they just told me that she was in a holding vault,” Jenkins said.

Jenkins has filed a lawsuit accusing the cemetery of negligence, fraud and infliction of emotional distress.

“They didn’t even apologize to say, ‘We’re sorry for your inconvenience or for your sorrow,'” Jenkins said.

The cemetery told 1010 WINS it had “no comment.”

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