Malverne F.D. Wins Battle to Put Brady's Name on State Memorial

The long battle to get Malverne firefighter Paul Brady's name inscribed on a New York State memorial and his mighty pen afterall.

Although an amended version of the Brady Bill -- legislation that would add Brady and other volunteers to the fallen firefighters' wall in Albany -- did pass both and earlier this month and was awaiting the signature of the governor (in January), the decision was made Wednesday by the state's Supreme Court.

The Appellate Division of the New York State Supreme Court overturned a decision made by the Nassau County Supreme Court in March 2011. The had appealed to the Nassau court after the New York State Fallen Firefighters Memorial Appeals Committee denied their request in August 2010 to add Brady's name to the tribute in Albany. However, the Nassau County Supreme Court refused to hear their case and denied their petition.

But now, under order from the NYS Supreme Court, it will have to reverse its decision and direct the New York State Fallen Firefighters Memorial Appeals Committee to finally place Paul Brady on their wall.

A six-year veteran of the Malverne F.D, Brady, 42, was fatally injured on June 30, 2006 in an accident while performing training activities inside the firehouse. He was atop a heavy rescue fire truck, performing maintenance activities as part of the training, when another firefighter, unaware of Brady's presence, began to drive the truck, causing him to hit a ceiling beam and fall off. He suffered serious internal injuries, which led to his death later that day.

Although the United States Department of Justice and the New York State Workers' Compensation Board determined that Brady died in the line of duty and the latter awarded death benefits to his widow, the NYS Fallen Firefighter Memorial Committee refused to see it that way.

However, in its ruling, the NYS Supreme Court stated that the committee's determination that Brady's death "was not a 'line of duty death' within the selection criteria for inclusion on the New York State Fallen Firefighters Memorial Wall is arbitrary and capricious, and did not have a rational basis in the record." 

After learning it had won its lawsuit, the Malverne Volunteer Fire Department released the following statement to the Patch:

"The Malverne Fire Department is very happy that this injustice from years ago has finally been reversed. Although we are still sad to be without Paul, we are very happy to finally put this issue to rest and put Paul's name on the wall where it belongs and honor him in a way that he deserves."

The Malverne F.D., along with the village and Brady's family, thanked Adam Kleinberg, Mark Radi and Brian Sokoloff, of the Westbury law firm Sokoloff and Stern, LLP, which represented them pro bono, adding,"This victory would not have been possible without their tireless efforts and professionalism."

They also expressed their gratitude to NYS Assemblyman Harvey Weisenberg and Sen. Dean Skelos, who sponsored the Brady Bill and worked to see it was passed twice in their respective legislative bodies.

The earliest that Brady's name could be inscribed on the wall is in early October. Each fall, a ceremony is held at the memorial in Albany to recognize the names of the firefighters who have been added that year. 

The Brady Bill is not a dead issue though. If signed by Cuomo into law, it could spare other fire departments from encountering the problems that Malverne did in its fight to honor a fallen brother.