In the Matter of Patricia Schwartfigure, Appellant v. Thomas F. Hartnett, as Commissioner of the New York State…

Summary

The New York Court of Appeals held that the Department of Labor's 50% set‑off policy for non‑willful unemployment benefit overpayments is a "rule" subject to the State Administrative Procedure Act and therefore must be promulgated; the agency has a common‑law right of set‑off but the manner of its implementation is reviewable, and the petitioner has standing to challenge that implementation. The Court reversed the Appellate Division, invalidated the policy, and remanded for further proceedings.