§ 1012 — Intervention as of right; notice to attorney-general, city, county, town or village where constitutionality in issue

New York § 1012

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 10: Parties Generally

Text

§ 1012. Intervention as of right; notice to attorney-general, city,\ncounty, town or village where constitutionality in issue. (a)\nIntervention as of right. Upon timely motion, any person shall be\npermitted to intervene in any action:\n 1. when a statute of the state confers an absolute right to intervene;\nor\n 2. when the representation of the person's interest by the parties is\nor may be inadequate and the person is or may be bound by the judgment;\nor\n 3. when the action involves the disposition or distribution of, or the\ntitle or a claim for damages for injury to, property and the person may\nbe affected adversely by the judgment.\n (b) Notice to attorney-general, city, county, town or village where\nconstitutionality in issue. 1. When the constitutionality of a statute\nof the state, or a rule and regulation adopted pursuant thereto is\ninvolved in an action to which the state is not a party, the\nattorney-general, shall be notified and permitted to intervene in\nsupport of its constitutionality.\n 2. When the constitutionality of a local law, ordinance, rule or\nregulation of a city, county, town or village is involved in an action\nto which the city, county, town or village that enacted the provision is\nnot a party, such city, county, town or village shall be notified and\npermitted to intervene in support of its constitutionality.\n 3. The court having jurisdiction in an action or proceeding in which\nthe constitutionality of a state statute, local law, ordinance, rule or\nregulation is challenged shall not consider any challenge to the\nconstitutionality of such state statute, local law, ordinance, rule or\nregulation unless proof of service of the notice required by this\nsubdivision is filed with such court.\n (c) Notice to comptroller of the state of New York where public\nretirement benefits are in issue. Where public retirement benefits,\npaid, payable, claimed, or sought to be paid by a state retirement\nsystem or any other retirement system established for public employees\nwithin this state or any subdivision thereof, or the interpretation of\nany provisions of law or rules governing any such retirement system or\nthe operation thereof, are involved in an action to which the\ncomptroller of the state of New York is not a party, the court shall\nnotify said comptroller, who shall be permitted, in his discretion, to\nintervene in such action or to file a brief amicus curiae.\n