2006 New York Code - 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.