A lawsuit threat against an Ulster County volunteer fire department and the Village of Saugerties have been withdrawn and one lawsuit continues.

It was a tragic accident back in December of 2015 that took the life of Mount Marion Fire Department Captain Jack Rose at the young age of 19 and the parents of Rose filed a notice of claim, back in July against the Centerville Fire District and the village of Saugerties, according to the Daily Freeman.

Roses' parents Gary and Linda Rose did the filing, to protect any potential claims according to their lawyer, Joe O’Connor.

O’Connor told the Freeman that, "They don’t feel it’s necessary to make a claim now."

In the claim the family stated that, the respirator Rose used on the day of his death belonged to the Centerville Fire District had not been inspected on a monthly basis and may have been defective or unfit for use and that both the Centerville and village of Saugerties fire departments violated state labor law, according to the Freeman.

The parents also filed a lawsuit in September that alleges negligence by Mary Alice Mark who owns the home where their son passed away.

That legal action remains active.

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