EAST NORTHPORT - An East Northport family says they got a sickening birthday party surprise when they cut into a cake they bought from King Kullen.

Neil Gold, of East Northport, says he found a rat in a German Apple cake that he bought at the King Kullen in Commack.

The birthday cake was for his girlfriend's uncle, Joe Valente, who was turning 96 years old. Gold says Valente got sick after he took a bite of the cake. When Gold cut into the cake, he says he discovered the inside was black. When he flipped it over, he allegedly discovered the tail of a rat and part of its body in the cake.

Neil says the rat's tail was 5 inches long and that he was able to make out the rat's head.

His lawyer, Edward Yule, has called on the New York Department of Agriculture and Markets to investigate.

"This is a case of absolute negligence by the store in their policies and in the way they conduct their business," said Yule.

King Kullen says it's investigating in the issue. "King Kullen is working hard to find out what happened.  In the meantime, the product has been removed from all stores and every bakery department has undergone a thorough inspection," the grocery chain said in a statement.

Gold and his attorney say the investigation is not about money, but protecting public health.

"I don't want anyone to get sick," says Gold. "If I can prevent it by doing this, I'm going to do it."