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This entry was published on 2014-09-22
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SECTION 249
Trial preferences in matrimonial actions
Domestic Relations (DOM) CHAPTER 14, ARTICLE 13
§ 249. Trial preferences in matrimonial actions. Upon motion of either
party or upon its own motion, the court may direct that any action or
proceeding brought (1) to annul a marriage or to declare the nullity of
a void marriage, or (2) for a separation, or (3) for a divorce, or (4)
to enjoin the prosecution in any other jurisdiction of an action for
divorce, be placed forthwith by the clerk on the supreme court calendar
and be entitled to preference in the trial thereof, in accordance with
Rule 3403 of the civil practice law and rules, provided that in the
courts' discretion, justice so requires. Such direction may be made by
separate order or in any order granted in any such action or proceeding
upon any application made pursuant to sections two hundred thirty-six,
two hundred thirty-seven or two hundred forty of this article.

Such direction, in the event no note of issue has been previously
filed with the clerk, may also require either party to file with the
clerk proof of service of the summons, two copies of the note of issue
and such other data as may be required.