New York Codes, Rules and Regulations
Title 19 - DEPARTMENT OF STATE
Chapter XI - Hearings
Part 400 - Hearing Rules Of Procedure
Section 400.6 - Motions
Universal Citation: 19 NY Comp Codes Rules and Regs ยง 400.6
Current through Register Vol. 46, No. 12, March 20, 2024
(a) A motion to dismiss the complaint or statement of charges for failure of proof may be made at the conclusion of the direct case presented by the complaining division of the Department of State. The administrative law judge may make a determination:
(1) granting the motion;
(2) denying the motion and continuing the
hearing; or
(3) reserving decision
on the motion and continuing the hearing.
(b) A denial of a motion made under this section is not a final disposition and a right to appeal to the Secretary of State or to commence a proceeding under article 78 of the Civil Practice Law and Rules shall not accrue until a final decision on the merits is rendered.
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