N.Y. Civil Practice Law & Rules § 1012: Intervention as of right; notice to attorney-general, city, county, town or village where constitutionality in issue

§ 1012. Intervention as of right; notice to attorney-general, city,

county, town or village where constitutionality in issue. (a)

Intervention as of right. Upon timely motion, any person shall be

permitted to intervene in any action:

1. when a statute of the state confers an absolute right to intervene;

or

2. when the representation of the person's interest by the parties is

or may be inadequate and the person is or may be bound by the judgment;

or

3. when the action involves the disposition or distribution of, or the

title or a claim for damages for injury to, property and the person may

be affected adversely by the judgment.

(b) Notice to attorney-general, city, county, town or village where

constitutionality in issue. 1. When the constitutionality of a statute

of the state, or a rule and regulation adopted pursuant thereto is

involved in an action to which the state is not a party, the

attorney-general, shall be notified and permitted to intervene in

support of its constitutionality.

2. When the constitutionality of a local law, ordinance, rule or

regulation of a city, county, town or village is involved in an action

to which the city, county, town or village that enacted the provision is

not a party, such city, county, town or village shall be notified and

permitted to intervene in support of its constitutionality.

3. The court having jurisdiction in an action or proceeding in which

the constitutionality of a state statute, local law, ordinance, rule or

regulation is challenged shall not consider any challenge to the

constitutionality of such state statute, local law, ordinance, rule or

regulation unless proof of service of the notice required by this

subdivision is filed with such court.

(c) Notice to comptroller of the state of New York where public

retirement benefits are in issue. Where public retirement benefits,

paid, payable, claimed, or sought to be paid by a state retirement

system or any other retirement system established for public employees

within this state or any subdivision thereof, or the interpretation of

any provisions of law or rules governing any such retirement system or

the operation thereof, are involved in an action to which the

comptroller of the state of New York is not a party, the court shall

notify said comptroller, who shall be permitted, in his discretion, to

intervene in such action or to file a brief amicus curiae.