N.Y. CPLR § 1012

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 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 bepermitted to intervene in any action:1. when a statute of the state confers an absolute right to intervene;or2. when the representation of the person's interest by the parties isor may be inadequate and the person is or may be bound by the judgment;or3. when the action involves the disposition or distribution of, or thetitle or a claim for damages for injury to, property and the person maybe affected adversely by the judgment.(b) Notice to attorney-general, city, county, town or village whereconstitutionality in issue. 1. When the constitutionality of a statuteof the state, or a rule and regulation adopted pursuant thereto isinvolved in an action to which the state is not a party, theattorney-general, shall be notified and permitted to intervene insupport of its constitutionality.2. When the constitutionality of a local law, ordinance, rule orregulation of a city, county, town or village is involved in an actionto which the city, county, town or village that enacted the provision isnot a party, such city, county, town or village shall be notified andpermitted to intervene in support of its constitutionality.3. The court having jurisdiction in an action or proceeding in whichthe constitutionality of a state statute, local law, ordinance, rule orregulation is challenged shall not consider any challenge to theconstitutionality of such state statute, local law, ordinance, rule orregulation unless proof of service of the notice required by thissubdiv hallenged shall not consider any challenge to theconstitutionality of such state statute, local law, ordinance, rule orregulation unless proof of service of the notice required by thissubdivision is filed with such court.(c) Notice to comptroller of the state of New York where publicretirement benefits are in issue. Where public retirement benefits,paid, payable, claimed, or sought to be paid by a state retirementsystem or any other retirement system established for public employeeswithin this state or any subdivision thereof, or the interpretation ofany provisions of law or rules governing any such retirement system orthe operation thereof, are involved in an action to which thecomptroller of the state of New York is not a party, the court shallnotify said comptroller, who shall be permitted, in his discretion, tointervene in such action or to file a brief amicus curiae.