Section 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 be
  permitted to intervene in any action:
    1. when a statute of the state confers an absolute right to intervene;
  or
    2. when the representation of the person's interest by the parties  is
  or  may be inadequate and the person is or may be bound by the judgment;
  or
    3. when the action involves the disposition or distribution of, or the
  title or a claim for damages for injury to, property and the person  may
  be affected adversely by the judgment.
    (b)  Notice  to  attorney-general, city, county, town or village where
  constitutionality in issue. 1. When the constitutionality of  a  statute
  of  the  state,  or  a  rule  and regulation adopted pursuant thereto is
  involved  in  an  action  to  which  the  state  is  not  a  party,  the
  attorney-general,  shall  be  notified  and  permitted  to  intervene in
  support of its constitutionality.
    2. When the constitutionality of  a  local  law,  ordinance,  rule  or
  regulation  of  a city, county, town or village is involved in an action
  to which the city, county, town or village that enacted the provision is
  not a party, such city, county, town or village shall  be  notified  and
  permitted to intervene in support of its constitutionality.
    3.  The  court having jurisdiction in an action or proceeding in which
  the constitutionality of a state statute, local law, ordinance, rule  or
  regulation  is  challenged  shall  not  consider  any  challenge  to the
  constitutionality of such state statute, local law, ordinance,  rule  or
  regulation  unless  proof  of  service  of  the  notice required by this
  subdivision is filed with such court.
    (c) Notice to comptroller of  the  state  of  New  York  where  public
  retirement  benefits  are  in  issue.  Where public retirement benefits,
  paid, payable, claimed, or sought to  be  paid  by  a  state  retirement
  system  or  any other retirement system established for public employees
  within this state or any subdivision thereof, or the  interpretation  of
  any  provisions  of law or rules governing any such retirement system or
  the  operation  thereof,  are  involved  in  an  action  to  which   the
  comptroller  of  the  state  of New York is not a party, the court shall
  notify said comptroller, who shall be permitted, in his  discretion,  to
  intervene in such action or to file a brief amicus curiae.