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New York Consolidated Laws

N.Y. Executive Law § 71 (2026)

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

✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 186 cases (34 in the last 5 years), 1976–2026 · leading case: People v. Mateo, 811 N.E.2d 1053 (NY 2004).
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People v. Mateo, 811 N.E.2d 1053 (NY 2004). “Forshaw of counsel), in his statutory capacity under Executive Law § 71. *393 Bennett L. Gershman, White Plains, amicus curiae.”
People v. Wesley, 2017 NY Slip Op 4914 (N.Y. App. Div. 2017). “We further note that the record does not indicate that defendant advised the Attorney General that she was challenging the constitutionality of a New York statute (see Executive Law § 71 [1], [3]; People v Alsaifullah, 130 AD3d 1321, 1322 [2015]).”
Grumet v. Bd. of Educ., 618 N.E.2d 94 (NY 1993). · cites it 5× “Schiff of counsel), in his statutory capacity under Executive Law § 71. Marc D. Stern , New York City, and Lois C.”
Matter of Jacob, 660 N.E.2d 397 (NY 1995). · cites it 2× “This is especially so since the Attorney-General of the State was given no notice or opportunity, as required by Executive Law § 71, to fulfill the obligation of the Department of Law to defend the constitutionality — or against the inchoate unconstitutionality — of the…”
Matter of Fuchs v. Itzkowitz, 120 A.D.3d 682 (N.Y. App. Div. 2014). “Here, however, we need not determine whether the appellants preserved that issue for appellate review, since nothing in the record indicates that they provided the requisite notice to the Attorney General that they intended to challenge the constitutionality of a State statute…”
People v. LaValle, 817 N.E.2d 341 (NY 2004). “SMITH dissents in another opinion in which Judges GRAFFEO AND READ concur.”
People v. Cahill, 809 N.E.2d 561 (NY 2003). “Forshaw and Luke Martland of counsel), in his statutory capacity under Executive Law § 71. *33 Christopher Dunn, New York City, Arthur N.”
People v. Hernandez, 2025 NY Slip Op 00904 (NY 2025). · cites it 2× “GARCIA, J. A person convicted of a violent felony offense is a "persistent violent felony offender" for sentencing purposes if that person has "two or more predicate violent felony convictions" (Penal Law § 70.”
U.S. Bank N.A. v. Lynch, 2024 NY Slip Op 05261 (N.Y. App. Div. 2024). · cites it 4× “Grube of counsel), in her statutory capacity under Executive Law § 71. Clark, J.P. Appeal from an order of the Supreme Court (Laura M.”
CLARA C. v. William L., 750 N.E.2d 1068 (NY 2001). · cites it 2× “In respect to any important State interest at stake here, we note that the Attorney General was put on notice pursuant to Executive Law § 71 of the constitutional challenge to Family Court Act § 516 in this case, yet declined to appear in defense of the constitutionality of the…”
The People v. Martesha Davidson, 55 N.E.3d 1027 (NY 2016). · cites it 2× “3 In the courts below, defendant failed to notify the Attorney General that she was asserting a constitutional challenge to the Act, as required by Executive Law § 71 (1), and - 7 - - 8 - No.”
McGee v. Korman, 513 N.E.2d 236 (NY 1987). · cites it 2× “The only constitutional issue presented by either Backal or McGee before Supreme Court, or in related Federal court proceedings, and in respect to which notice was given to the Attorney-General (see, Executive Law § 71; CPLR 1012), was the contention that the 5,000-signature…”
Show all 186 citing cases →
— N.Y. Executive Law § 71(3) — 1 case
Matter of Gabrielle G. (Mike G.), 2018 NY Slip Op 7534 (N.Y. App. Div. 2018).
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