N.Y. Executive Law § 71: Attorney-general authorized to appear in cases involving the constitutionality of an act of the legislature, or a rule or regulation adop...

§ 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.