The issue of State Authorization has not gone away. The federal regulation requiring institutions to comply with state regulations was "vacated" by a federal court order, which was upheld in 2012. The regulation was set aside on purely procedural grounds. Even without Federal Regulations, institutions are still expected to follow state law.
You first need to obtain approval from the New York State Education Department to offer the program. Consult APR's Program Approval site for instructions for instituting new programs or program changes. Contact the Office of Academic Program Review if you have any questions.