N.Y. Comp. Codes R. & Regs. tit. 12, § 253.41
In a proceeding under section 706, the administrative law judge may permit the parties to argue orally at the close of the hearing or to file briefs or written statements. The time for oral argument or filing briefs or memoranda shall be fixed by the administrative law judge. Argument shall not be included in the stenographic report unless the administrative law judge shall so direct.