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Cordero v. Corbisiero
Court of Appeals of New York
599 N.E.2d 670 (1992)
The State Racing and Wagering Board (Board) (defendant) had a policy known as the “Saratoga policy.” Under the Saratoga policy, every jockey at the Saratoga racetrack who committed an infraction and unsuccessfully appealed to the Board was required to serve a suspension at the Saratoga meet the following year. The Board did not issue this policy pursuant to the rulemaking procedures set forth in the State Administrative Procedure Act. A jockey (plaintiff) was cited for committing an infraction and unsuccessfully appealed to the Board. The Board determined the jockey needed to serve his penalty during Saratoga racing days. The jockey challenged the Saratoga policy, arguing the policy constituted a rule that the Board could not enforce because it had not been formally promulgated pursuant to the rulemaking procedures set forth in the Act.
Rule of Law
Holding and Reasoning
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