Judge tosses motion by Utica fire chief

Published Mar 16, 2018 at 4:00pm

An attempt by Utica Fire Chief Russell Brooks to have his legal case against the City of Utica reheard and re-decided by a state Supreme Court judge has been dismissed.

Brooks has claimed in a lawsuit that the city rejected an application he made last fall concerning sick leave benefits related to Brooks’ work in New York City following the 9/11 terrorist attack. In December, Supreme Court Justice Patrick F. MacRae dismissed Brooks’ lawsuit as “premature”, stating that the application itself had not been valid, and therefore the lawsuit had no standing.

Brooks and his attorney then filed a motion to have the judge reconsider his decision. The judge denied that motion on Thursday and will not reconsider his December dismissal, according to city officials.