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

New York § 71

• Jurisdiction: New York
• Law EXC: Executive
• Art. 5: Department of Law

Text

§ 71. Attorney-general authorized to appear in cases involving the\nconstitutionality of an act of the legislature, or a rule or regulation\nadopted pursuant thereto. 1. Whenever the constitutionality of a\nstatute, or a rule or regulation adopted pursuant thereto is brought\ninto question upon the trial, hearing or appeal of any action or\nproceeding, civil or criminal, in any court of record of original or\nappellate jurisdiction, and proof of the notice of such constitutional\nchallenge, as required by paragraph one of subdivision (b) of section\none thousand twelve of the civil practice law and rules, has not been\nfiled, the court or justice before whom such action or proceeding is\npending, shall make an order, directing the party desiring to raise such\nquestion, to serve notice thereof on the attorney-general, and providing\nthat the attorney-general be permitted to appear at any such trial or\nhearing in support of the constitutionality of such statute, or rule or\nregulation adopted pursuant thereto. The court or justice before whom\nany such action or proceeding is pending may also make such order upon\nthe application of any party thereto, and the court shall make such\norder in any such action or proceeding upon motion of the\nattorney-general. When such order has been made in any manner mentioned\nin this section and notice pursuant to such order has been given, the\nattorney-general shall be permitted to appear in such action or\nproceeding in support of the constitutionality of such statute, or a\nrule or regulation adopted pursuant thereto.\n 2. In the event the constitutionality of a statute, or rule or\nregulation adopted pursuant thereto is brought into question and the\nparty questioning such constitutionality, or any other party to the\naction or proceeding serves the attorney-general pursuant to paragraph\none of subdivision (b) of section one thousand twelve of the civil\npractice law and rules, proof of such service upon the attorney-general\nshall be accepted by the court in satisfaction of the provisions of\nsubdivision one of this section.\n 3. The court having jurisdiction in an action or proceeding in which\nthe constitutionality of a statute, rule or regulation is challenged,\nshall not consider any challenge to the constitutionality of such\nstatute, rule or regulation unless proof of service of the notice\nrequired by this section or required by subdivision (b) of section one\nthousand twelve of the civil practice law and rules is filed with such\ncourt.\n