A New York court is considering whether to file felony endangerment charges against a man who attempted to parachute from the Empire State Building.

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Lawyers for Jeb Corliss argued before four Manhattan Appellate Division judges that their client took proper precautions to ensure no one would have been hurt in his aborted 2006 jump, the New York Post reported Wednesday.

Previous charges filed against Corliss for the incident were tossed out by Manhattan Supreme Court Justice Michael Ambrecht, who said the daredevil took enough precautions that his behavior could not be considered reckless.

Lawyers for Corliss, who was not present at Tuesday's hearing, said the jumper is busy developing a high tech suit that would allow him to glide from an airplane to the ground like a flying squirrel.

"He's busy planning to be the first person in the world to fly like a squirrel through the air and land safely on the ground," said attorney Mark Jay Heller.