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Chapter II - Subchapter C

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§ 2-25 Intervention

Intervention by complainant

A complainant may be permitted to intervene as of right, upon notice to all parties and ALJ at or before the first conference. Complainant’s motion to intervene, filed and properly served prior to the first conference date, granted. Comm’n on Human Rights ex rel. Brehshiek Marquez v. Fresh & Co., OATH Index No. 434/22 (Aug. 9, 2022); Comm’n on Human Rights ex rel Bryant v. Brooklyn Bakery, Inc., et al, OATH Index No. 181/20 (Sept. 23, 2019) (letter to parties).

ALJ granted complainant’s pre-trial motion to intervene pursuant to subsection (a) because complainant demonstrated a substantial interest in the outcome and intervention would not unduly broaden the issues or delay the trial. Comm’n on Human Rights ex. Rel. Bryant, v, Shinda Management Corp, et al., OATH Index No. 1400/19 (May 24, 2019) (letter to counsel).

Complainant’s pre-trial motion to intervene pursuant to subsection (a) granted where complainant demonstrated that: she had a substantial interest in the outcome of the matter; the application was timely made; her intervention would not unduly broaden the issues or delay the trial; prejudice would be suffered by complainant if the application was denied; and respondents failed to show prejudice from the proposed intervention. Comm’n on Human Rights v. Taylor Recycling Center, OATH Index No. 447/18, mem. dec. (Dec. 20, 2017).

ALJ granted motion to intervene under subsection (a) upon finding that complainant had a substantial interest in the outcome of the case, the application was made prior to the hearing, her intervention would not unduly broaden the issues, and respondents failed to show prejudice from the grant of the application. Comm’n on Human Rights ex rel. Cardenas v. Automatic Meter Reading Corp., OATH Index No. 1240/13 (Mar. 14, 2014), modified on penalty, Comm’n Dec. & Order (Oct. 28, 2015), aff’d, 63 Misc. 3d 1211(A) (Sup. Ct. N.Y. Co. 2019).

Amicus Curiae Participation

Submission of pre-trial amicus brief permitted where judge found no delay in briefing schedule. Comm’n on Human Rights v. 325 Cooperative, Inc., OATH Index No. 1423/98, mem. dec. (July 16, 1998).