There’s another setback for the Utica Fire Chief's lawsuit against the City and its mayor.

A judge denied Chief Russell Brooks' motion to reargue a petition challenging the City.

Still, Brooks says the case will be moving forward.

Last December, Brooks' "92-D" benefits case was dismissed. It would have given him line-of-duty sick leave due to the leukemia he contracted while assisting at Ground Zero during 9/11, based on a new type of benefit recently signed into law.

Months before, Brooks submitted a different type of health claim regarding the diagnosis, which was denied. Brooks and his attorney offered the 92-D benefits as a compromise. But in December, the Judge ruled that Brooks didn't officially submit that application to the city, and the rejection was against the proposal, not the actual benefits.

Thursday, Brooks' attorney said the Judge misinterpreted the laws and facts and unsuccessfully motioned to re-argue.

"The next step would be submitting an application or a request, because this is a brand new statute,” said Attorney Earl Redding. “There is no actual application that anybody has, that we're aware of, so we would submit a request to the City for 92-D benefits."

The City's attorney declined an on-camera interview, but says he feels the judge's decision was correct.

In a statement, city leaders added that the ruling does not diminish Chief Brooks’ 42 years of service.