Cordero v. Corbisiero
Court of Appeals of New York
599 N.E.2d 670 (1992)
Relevant factsFree
The State Racing and Wagering Board (defendant) maintained an unpromulgated "Saratoga policy" mandating that any jockey who committed an infraction and unsuccessfully appealed had to serve his suspension specifically during the following year's Saratoga meet; a jockey (plaintiff) cited for an infraction and denied on appeal was ordered to serve his suspension during Saratoga racing days, and he challenged the policy as an unlawfully unpromulgated rule under the State Administrative Procedure Act.
IssueFree
Whether, under the New York State Administrative Procedure Act, a policy constitutes a rule if it is a policy of general applicability prescribing a procedure or practice requirement of the agency.
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