N.Y. State Administrative Procedure Act Law § 204

§ 204. Declaratory rulings by agencies. 1. On petition of any person,\nan agency may issue a declaratory ruling with respect to (i) the\napplicability to any person, property, or state of facts of any rule or\nstatute enforceable by it, or (ii) whether any action by it should be\ntaken pursuant to a rule. Each agency shall prescribe by rule the form\nfor such petitions and the procedure for their submission, consideration\nand disposition. A declaratory ruling shall be binding upon the agency\nunless it is altered or set aside by a court. The agency may not\nretroactively change a valid declaratory ruling, but nothing in this\nsection shall prevent an agency from prospectively changing any\ndeclaratory ruling. A declaratory ruling shall be made available to the\npublic. A declaratory ruling shall be subject to review in the manner\nprovided for in article seventy-eight of the civil practice law and\nrules.\n 2. (a) Within thirty days of receipt of a petition with respect to\nparagraph (ii) of subdivision one of this section, an agency shall issue\neither a declaratory ruling or a statement declining to issue a\ndeclaratory ruling, unless the agency's rules provide for a different\ntime period not to exceed sixty days from receipt of such petition.\n (c) Notwithstanding any inconsistent provision of law, a person may\nsubmit a petition in the manner provided for in article seventy-eight of\nthe civil practice law and rules without first applying for a\ndeclaratory ruling pursuant to paragraph (ii) of subdivision one of this\nsection, or to the office for an advisory opinion pursuant to this\nsubdivision. A person may concurrently petition the court pursuant to\narticle seventy-eight of the civil practice law and rules and petition\nthe agency and the office pursuant to this subdivision.\n