NEW YORK (CBSNewYork/AP) – A group of Sept. 11 families is pressing on with its fight over a plan to put unidentified remains from the 2001 attacks in the museum at the World Trade Center site.

The group filed a lawsuit seeking contact information for families of the trade center victims so they can poll the families about how the remains should be handled.

A judge denied the request but the group appealed, and oral arguments on the appeal are set for today at the Appellate Division in Manhattan.

Officials plan to take the remains seven stories below ground and place them in the new museum behind a wall.

After superstorm Sandy, the feelings of those opposed intensified.

“If they had been in the museum, there was 20 feet of water down there, they would have been washed all over,” retired fire chief Jim Riches told WCBS 880 reporter Peter Haskell.

He lost his firefighter son Jimmy on 9/11 and wants a “Tomb to the Unknown Soldier” type structure on the memorial plaza.

“If I’m riding by on the West Side Highway, the plaza is gonna be opened later on, I can stop say a prayer and leave a flower,” he said.

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