SACKETS HARBOR — The state attorney general's office plans to renew its dismissed state Supreme Court action seeking the removal of five officers of the Sackets Harbor volunteer fire department.

A spokesman for the office said Monday that there is no timetable for the action to be refiled, but it likely will occur soon.

"The attorney general's office will definitely file the appropriate legal documents to pursue its case," the spokesman said.

John T. Sullivan Jr., former assistant attorney general in charge of the Watertown office, initiated the action in March, alleging the officers breached their fiduciary duties. He also asked that the officers be restrained from taking any further actions to organize and establish a second fire department within the existing boundaries and territory of the corporation and pay back any corporation funds used to establish a second department.

Mr. Sullivan submitted an affidavit and a motion for an order to show cause with his initial filing, but failed to include a petition. All civil proceedings in Supreme Court must be started with the filing of a petition.

Absent the petition, Judge Hugh A. Gilbert ruled he had nothing upon which he could act and dismissed the attorney general's case Aug. 18.

Some members of the Sackets Harbor Fire Company Inc.'s Station 2 have sought a Supreme Court order to dissolve the nonprofit corporation and receive some of its firefighting equipment in an effort to create a separate fire company at Sulphur Springs known as the town of Hounsfield Fire Department.

In April, the company's board of directors voted to rescind two earlier resolutions supporting the dissolution of the company and a transfer of assets, although the court case over the matter is continuing.