§ 1-43 Review of Determination.
RCNY § 1-43
(a)No review of probable cause determination. A determination that probable cause exists to credit some or all of the allegations of a complaint is not subject to interlocutory review or appeal.
(b)Review of determination of no probable cause. A determination that dismisses a complaint, in whole or in part, on a finding of no probable cause is reviewable in accordance with 47 RCNY § 1-23.
(c)Withdrawal of a determination of probable cause. Prior to a hearing before OATH, the Law Enforcement Bureau may withdraw a probable cause determination if it determines a reasonable person looking at the evidence as a whole could no longer reach the conclusion that it is more likely than not that the unlawful discriminatory practice, act of discriminatory harassment or violence, or act of bias-based profiling was committed. (Added City Record 8/6/2019, eff. 9/5/2019)
