N.Y.C. Admin. Code § 8-112: § 8-112 Withdrawal of complaints.

a. A complaint filed pursuant to section 8-109 of this chapter may be withdrawn by the complainant in accordance with rules of the commission at any time prior to the service of a notice that the complaint has been referred to an administrative law judge. Such a withdrawal shall be in writing and signed by the complainant.

b. A complaint may be withdrawn after the service of such notice at the discretion of the commission.

c. Unless such complaint is withdrawn pursuant to a conciliation agreement, the withdrawal of a complaint shall be without prejudice:

1. To the continued prosecution of the complaint by the commission in accordance with rules of the commission;

2. To the initiation of a complaint by the commission based in whole or in part upon the same facts; or

3. To the commencement of a civil action by the corporation counsel based upon the same facts pursuant to chapter 4 of this title.