Opinion
Decided May 18, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, LAWRENCE E. KAHN, J.
Ralph W. Fusco for appellant.
Robert Abrams, Attorney-General ( John Q. Driscoll of counsel), for respondents.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order reversed, without costs, and judgment of Special Term reinstated. Respondents' grading of the examination was in contravention of the respondent commission's own rules and regulations (4 N.Y.CRR 66.1) . The rules of an administrative agency, duly promulgated, are binding upon the agency as well as upon any other person who might be affected (see People ex rel. Doscher v Sisson, 222 N.Y. 387, 393-394).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.