N.Y. Comp. Codes R. & Regs. tit. 13, § 97.14 – Motions.

(a) A motion to dismiss the statement of charges for failure of proof may be made at the conclusion of the Attorney General's case.
(b) The hearing officer may:
1. (1) grant the motion;
2. (2) deny the motion and continue the hearing; or
3. (3) reserve making a decision on the motion and continue the hearing.
(c) Denial of the motion by the hearing officer is not appealable because it is not a final decision on the merits.