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This entry was published on 2014-09-22
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SECTION 71
Attorney-general authorized to appear in cases involving the constitutionality of an act of the legislature, or a rule or regulation adop...
Executive (EXC) CHAPTER 18, ARTICLE 5
§ 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.