N.Y. Comp. Codes R. & Regs. tit. 9, § 465.20
(2) No case shall be reopened where an appeal has been taken to court from an order dismissing a case for lack of probable cause or lack of jurisdiction. However, the division may request the court to remand such a case for good cause.
(b) Reopening a probable cause determination on application of a respondent.
(2) Respondent's application must be served on all parties. Complainant will be given an opportunity to submit a response to the application. No additional submissions from the parties will be accepted.
(c) Time to appeal expired.
Where a complaint has been dismissed after investigation for lack of probable cause or lack of jurisdiction, the time to appeal to court has expired, and less than one year has passed since the dismissal, reopening may be predicated only upon:
(2) an allegation of newly discovered evidence of wrongdoing, fraud or irregularity which the applicant could not, with due diligence, have discovered before the dismissal of the complaint.
(d) Withdrawn complaints.
Where a complaint has been withdrawn, it may not be reopened except upon an allegation that the withdrawal was induced by fraud, coercion, or error, contained in a written application for such reopening made to the division within one year after the issuance by the division of a notice that said complaint has been withdrawn, or within one year from the effective date hereof. Nothing herein contained shall be construed to limit the complainant's right to refile a withdrawn complaint no later than one year after the alleged discriminatory practice.
(a) Reopening on commissioner's own motion.