2006 New York Code - Attorney-general Authorized To Appear In Cases Involving The Constitutionality Of An Act Of The Legislature, Or A Rule Or Regulation Adopted Pursuant

 
    § 71. Attorney-general  authorized  to  appear  in cases involving the
  constitutionality of an act of the legislature, or a rule or  regulation
  adopted  pursuant  thereto.  1.  Whenever  the  constitutionality  of  a
  statute, or a rule or regulation adopted  pursuant  thereto  is  brought
  into  question  upon  the  trial,  hearing  or  appeal  of any action or
  proceeding, civil or criminal, in any court of  record  of  original  or
  appellate  jurisdiction,  and proof of the notice of such constitutional
  challenge, as required by paragraph one of subdivision  (b)  of  section
  one  thousand  twelve  of the civil practice law and rules, has not been
  filed, the court or justice before whom such  action  or  proceeding  is
  pending, shall make an order, directing the party desiring to raise such
  question, to serve notice thereof on the attorney-general, and providing
  that  the  attorney-general  be permitted to appear at any such trial or
  hearing in support of the constitutionality of such statute, or rule  or
  regulation  adopted  pursuant  thereto. The court or justice before whom
  any such action or proceeding is pending may also make such  order  upon
  the  application  of  any  party  thereto, and the court shall make such
  order  in  any  such  action  or   proceeding   upon   motion   of   the
  attorney-general.  When such order has been made in any manner mentioned
  in this section and notice pursuant to such order has  been  given,  the
  attorney-general  shall  be  permitted  to  appear  in  such  action  or
  proceeding in support of the constitutionality of  such  statute,  or  a
  rule or regulation adopted pursuant thereto.
    2.  In  the  event  the  constitutionality  of  a  statute, or rule or
  regulation adopted pursuant thereto is brought  into  question  and  the
  party  questioning  such  constitutionality,  or  any other party to the
  action or proceeding serves the attorney-general pursuant  to  paragraph
  one  of  subdivision  (b)  of  section  one thousand twelve of the civil
  practice law and rules, proof of such service upon the  attorney-general
  shall  be  accepted  by  the  court in satisfaction of the provisions of
  subdivision one of this section.
    3. The court having jurisdiction in an action or proceeding  in  which
  the  constitutionality  of  a statute, rule or regulation is challenged,
  shall not consider  any  challenge  to  the  constitutionality  of  such
  statute,  rule  or  regulation  unless  proof  of  service of the notice
  required by this section or required by subdivision (b) of  section  one
  thousand  twelve  of the civil practice law and rules is filed with such
  court.