Attorneys are set to appear in court Thursday to argue whether a court should reargue a lawsuit filed by Utica fire Chief Russell Brooks against the city.
It will mark the latest chapter in the saga between the city and Brooks, who says he has sought acknowledgment from Utica officials that he is eligible for workers compensation benefits based on his chronic lymphocytic leukemia diagnosis. Brooks claims his CLL stems from his response during 9/11 recovery efforts at ground zero in 2001.
His lawsuit, argued in November, concerns acknowledgement for General Municipal Law 92-d benefits, which provides sick leave benefits for responders affected by certified World Trade Center-related health conditions. The case was dismissed by state Supreme Court Judge Patrick MacRae in December when he decided Brooks’ lawsuit was premature since the fire chief never formally applied for 92-d benefits.