The following excerpt is from People ex rel. Hawkins v. Meloni, 149 Misc.2d 114, 564 N.Y.S.2d 238 (N.Y. Cty. Ct. 1990):
It is well established that the duly promulgated rules of an administrative agency are binding upon the agency. In the Matter of Frick v. Bahou, 56 N.Y.2d 777, 778, 452 N.Y.S.2d 18, 437 N.E.2d 277 (1982); In the Matter of Sinclair v. Smith, 97 A.D.2d 953, 468 N.Y.S.2d 749 (4th Dept.1983). An administrative agency acts arbitrarily and capriciously when it fails to conform to its own rules and regulations. In the Matter of Era Steel Corp. v. Egan, 145 A.D.2d 795, 799, 535 N.Y.S.2d 1002 (3rd Dept.1988).
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