A State Supreme Court Judge has dismissed Fire Chief Russell Brooks' lawsuit against the City of Utica.

Brooks had filed a lawsuit, claiming the City rejected his application for sick leave benefits related to the leukemia he contracted while working at Ground Zero on 9/11.

Judge Patrick McRae ruled the suit was filed prematurely, saying the application in question was not actually a formal application for benefits,

The City issued a statement today saying it's pleased with the ruling.

They say the decision to place Brooks on medical leave was based solely on the facts and medical evidence after a thorough review of Brooks' medical file by an independent doctor and toxicologist.

The City says it will continue to take that position.

Brooks has been provided his full salary and health benefits while on medical leave.

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