Review of Determination.
47 RCNY § 1-43
in effect§ 1-43 Review of Determination.
(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)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-121407Fetched: 10/24/2026
