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What is NYC RCNY § 1-13?

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(a) General. A complaint may be amended as of right at any time before the referral of the complaint to OATH.

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Effective: 9/5/2019

§ 1-13 Amendments to Complaints.

RCNY § 1-13

(a)General. A complaint may be amended as of right at any time before the referral of the complaint to OATH. While a case is pending before OATH, amendments must be made in accordance with OATH rules. An amended complaint supersedes all prior complaints. Amending a complaint does not necessitate a reevaluation of the initial probable cause determination.

(b)Statute of limitations. With respect to respondents named in the original complaint, the date of filing an amended complaint relates back to the date the original complaint was filed. With respect to respondents named for the first time in an amended complaint, the statute of limitations must be assessed in accordance with the relation-back doctrine under New York law.

(c)Additions or substitutions of the Commission. The Law Enforcement Bureau may amend a complaint to add the Commission to a complaint or substitute the Commission for a complainant at any time after a complaint has been filed but before a final determination on the complaint has been made. (Added City Record 8/6/2019, eff. 9/5/2019)

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