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What is NYC AC § 8-112?

Quick Answer

This section outlines the procedures for withdrawing complaints filed under section 8-109. Complainants may withdraw their complaints in writing before a notice is served or at the commission's discretion afterward. The withdrawal does not prevent the commission from pursuing the complaint or initiating new actions based on the same facts. Applies to individuals filing complaints with the commission.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 8-112 Withdrawal of complaints.

AC § 8-112

a. A complaint filed pursuant to section 8-109 of this chapter may be withdrawn by the complainant in accordance with rules of the commission at any time prior to the service of a notice that the complaint has been referred to an administrative law judge. Such a withdrawal shall be in writing and signed by the complainant. b. A complaint may be withdrawn after the service of such notice at the discretion of the commission. c. Unless such complaint is withdrawn pursuant to a conciliation agreement, the withdrawal of a complaint shall be without prejudice: 1. To the continued prosecution of the complaint by the commission in accordance with rules of the commission; 2. To the initiation of a complaint by the commission based in whole or in part upon the same facts; or 3. To the commencement of a civil action by the corporation counsel based upon the same facts pursuant to chapter 4 of this title. (Am. L.L. 2018/063, 1/19/2018, eff. 10/16/2018) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1991/039.

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