N.Y. Comp. Codes R. & Regs. tit. 4 § 204.9
Within 10 days after receipt by the office of counsel of a completed application for injunctive relief, the board, by its office of counsel, shall determine whether a sufficient showing has been made pursuant to section 209-a.4 of the act. If a sufficient showing has been made, the board by its office of counsel, shall petition Supreme Court for injunctive relief upon notice to all parties or shall issue an order, with notice to all parties, permitting the charging party to seek injunctive relief by petition to Supreme Court. Where a sufficient showing has not been made, notice of that determination, stating the reasons for it, shall be issued by the board by its office of counsel to all parties within 10 days after receipt of the application by the board. Orders permitting the charging party to seek injunctive relief by petition to Supreme Court and notices to the parties that a sufficient showing has not been made may be issued by fax or electronic mail.
N.Y. Comp. Codes R. & Regs. Tit. 4 § 204.9