WATERTOWN — A judge has ruled that a lawsuit filed by the parents of Watertown firefighter Peyton L.S. Morse can proceed against the state.

The 21-year-old Watertown firefighter was training at the New York State Academy of Fire Science in Montour Falls, near Watkins Glen, when he had a medical emergency on March 3, 2021. He died nine days later in a Pennsylvania hospital.

In February, his parents, David M. and Stacy L. Morse, filed a lawsuit in the state Court of Claims against New York over the death of their son. They blame the academy and five instructors for what happened.

On Tuesday night, David Morse said he and his wife recently were informed that their lawsuit can move forward.

Court of Claims Judge Catherine C. Schaewe in Binghamton ruled against three motions by the state to throw out the lawsuit.

The state has since filed new court papers regarding their lawsuit, David Morse said, adding that he expects the state will fiercely fight against the lawsuit.

“They’re going to throw everything at us,” he said.

Their attorney, Thomas J. DiNovo with the Albany law firm of O’Connell & Aronowitz, filed court papers in the state Court of Claims on Jan. 24, alleging that Peyton suffered “severe and excruciating conscious pain and suffering” before he died as a result of his training at the fire academy.

The state attorney general is representing the state in the lawsuit.

The lawsuit doesn’t set a specified amount of money, although his parents have always said that they are seeking justice for their son.

According to the lawsuit, Mr. and Mrs. Morse “have suffered substantial pecuniary loss and other damages” and are seeking “a substantial amount of money” from the state in damages.

Their son’s emergency happened after he complained that he could not breathe while he was going through a plywood tunnel — called the “box” — that simulates what a firefighter could experience during a fire. On that day, he used six air cylinders of his breathing apparatus before having the medical emergency.

They believe that five instructors were negligent and could have prevented their son’s death. According to the suit, instructors waited too long to come to Peyton’s aid after he called for help, indicating that he could not breathe while inside the training apparatus.

The court papers identify the five instructors as Warren T. Ward, Christopher Rea, Bruce E. Heberer, Scott P. Deninno and Dustin Contri, who were there during the emergency.

The Morses have since filed a second lawsuit in state Supreme Court in Jefferson County against the five instructors.

Gov. Kathy Hochul has signed a bill that renames a section of Route 180 in LaFargeville, Peyton’s hometown, after the fallen firefighter.