N.Y. Comp. Codes R. & Regs. tit. 19, § 400.6 – Motions.

(a) A motion to dismiss the complaint or statement of charges for failure of proof may be made at the conclusion of the direct case presented by the complaining division of the Department of State. The administrative law judge may make a determination:
1. (1) granting the motion;
2. (2) denying the motion and continuing the hearing; or
3. (3) reserving decision on the motion and continuing the hearing.
(b) A denial of a motion made under this section is not a final disposition and a right to appeal to the Secretary of State or to commence a proceeding under article 78 of the Civil Practice Law and Rules shall not accrue until a final decision on the merits is rendered.