N.Y. State Administrative Procedure Act § 205: Right to judicial review of rules

§ 205. Right to judicial review of rules. Unless an exclusive

procedure or remedy is provided by law, judicial review of rules may be

had upon petition presented under article seventy-eight of the civil

practice law and rules, or in an action for a declaratory judgment where

applicable and proper. The agency shall be made a party to the

proceedings. Such a special proceeding or action may not be maintained

unless the petitioner has first requested the agency to pass upon the

validity or applicability of the rule in question and action has been

taken upon such a request or more than thirty days has elapsed since

such request has been filed and no final action has been taken thereon

or the agency has not provided for the issuance of such declaratory

rulings under section two hundred four. Unless the agency acts upon such

request within thirty days of its filing, such request shall be deemed

to have been denied. Nothing in this section shall be construed to grant

or deny to any person standing to petition under article seventy-eight

of the civil practice law and rules or to bring an action for a

declaratory judgment or to prohibit the determination of the validity or

applicability of the rule in any other action or proceeding in which its

invalidity or inapplicability is properly asserted.