§ 1-21 Withdrawal of Complaints.
RCNY § 1-21
(a)Legal effect of withdrawal.
(1)Effect on the Law Enforcement Bureau. Unless a complaint is withdrawn pursuant to a conciliation agreement, the withdrawal of a complaint will be without prejudice to (i) the continued prosecution of the complaint by the Law Enforcement Bureau in accordance with these rules; (ii) the initiation of a complaint by the Law Enforcement Bureau based on the same facts; or (iii) the commencement of a civil action by the Corporation Counsel based on the same facts, pursuant to Title 1, Chapter 4 of the Code.
(2)Effect on complainant.
(i)Prior to withdrawal, complainants are cautioned to seek independent legal advice concerning whether the right to sue in another forum is preserved following the withdrawal of a complaint pursuant to § 8-112 of the Code.
(ii)Refiling at the Commission. Following a withdrawal, a complainant may refile with the Commission at the discretion of the Law Enforcement Bureau.
(iii)Refiling in other venues. A complainant's ability to refile in a venue other than the Commission is determined by the venue itself.
(b)Procedure for withdrawals.
(3)After proceedings at OATH. After a case is returned to the Commission from OATH, a complainant seeking to withdraw a complaint must file a letter motion with the Office of the Chair. The Chair may, in its discretion, grant a motion to withdraw. (Added City Record 8/6/2019, eff. 9/5/2019)
