A woman’s children can’t sue the famed Harlem funeral parlor that misplaced her ashes, an appeals court ruled yesterday.

Barbara Betran’s family didn’t learn her urn was empty until weeks after her 2007 service. Benta’s Funeral Home, which has held services for the likes of Count Basie and Langston Hughes, said it “mislaid the ashes” but would deliver them. Daughter Dana Bailey refused delivery and sued.

The state Supreme Court last year dismissed the $750,000 suit. The appeals panel agreed it was the right call.