§ 1-12.3 Dismissal.
RCNY § 1-12.3
The Board may, in its discretion, dismiss an application for failure to prosecute, with or without prejudice, depending on the circumstances of the application. Further, the Board may, at its discretion, dismiss an application where a defect in the application has not been corrected or where an incomplete application has not been completed in a timely manner. The executive director will send out a dismissal letter informing the applicant that the application will be dismissed if the requisite correction or information is not forthcoming within thirty (30) days of receipt of such letter. The Board may grant an extension to the thirty (30) day period upon request in writing for additional time to correct or complete an application, provided that the applicant presents reasonable circumstances for delay and provides a timetable for a subsequent submission. The applicant will be deemed to have received the letter five (5) business days after the date of transmittal of such letter. Dismissals will be in the form of a letter signed by the Chair or the executive director. However, any dismissal action to be taken within one (1) year after the date of mailing of the Board's notice of comments will be by a vote of the Board at a public hearing after proper notice to the applicant.
