Utica (NY) Fire Chief Russell Brooks has hit a bump in the road in his lawsuit against the city of Utica and its mayor.
A Supreme Court Judge ruled in the city’s favor by dismissing Brooks’ 92-d case, which would have given him line of duty sick leave due to the leukemia he contracted while assisting at ground zero in the wake of the Sept. 11, 2001, terror attacks in New York City.
Earlier this year, Brooks submitted a different type of health claim to the city regarding his cancer diagnosis. The city denied that claim, and in addition placed Brooks on medical leave after a third-party doctor discovered other health conditions which he said made Brooks unfit to serve as fire chief.
Brooks and his attorney are fighting the city’s decision, and during that process they offered the city a compromise, asking them to consider 92-d benefits, which the governor signed into law a few months ago. While there were discussions about those benefits, the judge ruled that Brooks never officially submitted that application to the city. And the city’s rejection was against the proposal, not 92-d benefits.
The judge said these recent proceedings were premature. MORE HERE: