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MATTER OF NEW YORK CITY PEDICAB OWNERS' ASSOCIATION, INC. v. NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS

61 A.D.3d 558 (2009)

877 N.Y.S.2d 283

In the Matter of NEW YORK CITY PEDICAB OWNERS' ASSOCIATION, INC., et al., Respondents, v. NEW YORK CITY DEPARTMENT OF CONSUMER AFFAIRS et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 21, 2009.

"Administrative agencies can only promulgate rules to further the implementation of the law as it exists; they have no authority to create a rule out of harmony with the statute" (Matter of Jones v Berman, 37 N.Y.2d 42, 53 [1975]). Moreover, an administrative body may not disregard definitions made by legislative bodies under the guise of "interpreting" regulations it is empowered to administer...

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