New York City Pedicab Owners' Ass'n v. New York City Department of Consumer Affairs

Judgment, Supreme Court, New York County (Edward H. Lehner, J.), entered January 22, 2008, invalidating certain Department of Consumer Affairs (DCA) regulations regarding *559the licensing and registration of pedicab businesses, unanimously affirmed, without costs.

“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 NY2d 42, 53 [1975]). Moreover, an administrative body may not disregard definitions made by legislative bodies under the guise of…