N.Y. Comp. Codes R. & Regs. tit. 9 § 8800.2
The purpose of this Part is to establish the procedures governing the issuance of advisory opinions by the office pursuant to State Administrative Procedure Act, section 204(2)(b). Where an agency declines to issue a declaratory ruling or rules that its action need not be taken pursuant to a rule, in response to a petition pursuant to State Administrative Procedure Act, section 204(1)(ii), such declination or ruling, upon petition of the original petitioner, may be reviewed by the office. The office shall review the petition for an advisory opinion, the agency's response to the petition for a declaratory ruling, the agency's response to the petition for an advisory opinion, if any, the agency action in question and any other pertinent information or material and issue an advisory opinion as to whether the action in question should be taken pursuant to a rule.
N.Y. Comp. Codes R. & Regs. Tit. 9 § 8800.2