New Jersey cemetery buried man's ashes in wrong place, then lawyered up, granddaughter says

New Jersey cemetery buried man in wrong place, granddaughter says

A New Jersey woman says her late grandfather is buried in the wrong place and that it should be an easy fix for the cemetery, but now lawyers are involved. 

Nicole Hustik confronted the staff Friday at Evergreen Cemetery in Hillside, where she says her grandfather made it very clear that he wanted to share a tombstone and grave with his late sister. 

"This isn't really even a grave"

Hustik said she has documents proving the entire family plot was paid for in advance, but that the cemetery buried her grandfather's ashes in the wrong spot, where there is no stone. 

"According to my paperwork, this isn't really even a grave," she said. 

Hustik said she wants to make it right for her grandfather, who she said fought for her after spending much of her youth in foster care. 

"Why can't I do the same for him? To make sure that he gets what he wanted," she said. 

Confronting a cemetery director

CBS News New York went with Hustik and her husband, Stephen, into the cemetery office, where we hoped to give staff an opportunity to address the issue. 

Kevin O'Leary, an executive director, eventually arrived. 

"Our attorney has advised us not to make any statements, but this happened a year ago. They never came in to see us," O'Leary told us. 

"Yes we did," Hustik said. "Multiple times." 

"Not me. I'm one of the directors," O'Leary said. 

He later said, "I can't do anything now. Because you've gone to the media."

"The media is not stopping you from doing anything," Hustik's husband said. "You can go out there and fix it tonight."

"My grandfather can't rest in peace"

Shortly after leaving with the Hustiks, CBS News New York received a letter from an attorney saying Evergreen was not aware of the issue until Thursday. 

"Management at Evergreen has never been contacted by the Hustik family about these allegations," the letter said. 

However, Hustik provided a screenshot of an email response that appears to be dated April 28, 2025, from a clerk at the cemetery. 

"Our foreman and directors would like to speak over the phone," the email appears to tell her.

Hustik's mother is also buried in the family plot. She said it was always her plan to be buried next to her one day, until now. 

"My grandfather can't rest in peace. How can I trust that I would?" she said. 

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