N.Y. Comp. Codes R. & Regs. tit. 12, § 251.6
At any time before the issuance of a notice of hearing on a petition for investigation and certification, the board may permit the amendment of the petition or its withdrawal in whole or in part. At any time after the issuance of such notice of hearing, the administrative law judge, upon motion, may permit withdrawal of the petition in whole or in part, and the administrative law judge may permit amendment thereof.