Notification of Constitutional Challenges to State Law

New York's Executive Law § 71 authorizes the Attorney General to appear in court to defend the constitutionality of state acts, statutes, rules, or regulations. See N.Y. Executive Law § 71

A party challenging the constitutionality of a state act, statute, rule, or regulation at any level (trial or appeal) in the state court system is required to notify the Office of the Attorney General in any action in which the State of New York is not a party. If a party has not served notice upon the Attorney General, the court shall direct the party to serve notice. Additionally, under the Court of Appeals' Rules of Practice, a party asserting that a statute is unconstitutional is required to provide written notice to the Attorney General. The Attorney General may intervene as a party as of right to defend the constitutionality of the challenged law. See N.Y. Executive Law § 71 ; N.Y. C.P.L.R. 1012(b); 22 N.Y.C.R.R. § 500.9

Under federal law, if a party challenges the constitutionality of a state statute in federal litigation and neither the State nor any state agency, officer, or employee is a party, the court shall notify the Attorney General of the challenge and shall grant the Attorney General intervention as of right. In the federal courts of appeals, a party must notify the clerk in writing of the challenge at the time that the record in the case is filed. See 28 U.S.C. § 2403; Fed. R. App. Proc. 44(b); Fed. R. Civ. Proc. 24.

Rule 24 of the Federal Rules of Civil Procedure also specifies that a state office or agency may seek move before a district court for permission to intervene where a statute, executive order, regulation, order, or requirement is raised as a part of a claim or defense. See Fed. R. Civ. Proc. 24.

Except as otherwise required by the N.Y. Court of Appeals' Rules of Practice, notification to the Attorney General should be sent in writing in accordance with the following geographic list:

New York City Office
State cases in the following courts:

Any trial court in the following counties ― Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Westchester
Appellate Divisions for the First and Second Departments
New York Court of Appeals if the case arose in any of the above courts

Federal cases in the following courts:

U.S. District Courts for the Eastern and Southern Districts of New York
U.S. Court of Appeals for the Second Circuit if the case arose in either of the above courts

Albany Office
State cases in the following courts:

Any trial court in the following counties ― Albany, Allegany, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Erie, Essex, Franklin, Fulton, Genesee, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Sullivan, Tioga, Tompkins, Ulster, Warren, Washington, Wayne, Wyoming, Yates

Appellate Divisions for the Third and Fourth Departments
New York Court of Appeals if the case arose in any of the above courts

Federal cases in the following courts:

U.S. District Courts for the Northern and Western Districts of New York
U.S. Court of Appeals for the Second Circuit if the case arose in either of the above courts

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