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Chapter II - Subchapter C

§ 2-26 Withdrawal or dismissal of the Petition in Human Rights Proceeding

Commission’s unilateral withdrawal of pending case without prejudice not permitted. Administrative law judge found that this section, which applies only to Human Rights cases, incorporated by reference section 1-32(f), which requires permission from an administrative law judge before a matter can be withdrawn where the withdrawal is not with prejudice or otherwise a final disposition of the case. Sound reasons of calendar control support an interpretation of the rule which requires permission of an administrative law judge before a case can be withdrawn without prejudice. Blueweiss v. Metropolitan Life Insurance Co., OATH Index No. 852/99, mem. dec. (Mar. 29, 1999).