§ 249. Trial preferences in matrimonial actions. Upon motion of either\nparty or upon its own motion, the court may direct that any action or\nproceeding brought (1) to annul a marriage or to declare the nullity of\na void marriage, or (2) for a separation, or (3) for a divorce, or (4)\nto enjoin the prosecution in any other jurisdiction of an action for\ndivorce, be placed forthwith by the clerk on the supreme court calendar\nand be entitled to preference in the trial thereof, in accordance with\nRule 3403 of the civil practice law and rules, provided that in the\ncourts' discretion, justice so requires. Such direction may be made by\nseparate order or in any order granted in any such action or proceeding\nupon any application made pursuant to sections two hundred thirty-six,\ntwo hundred thirty-seven or two hundred forty of this article.\n Such direction, in the event no note of issue has been previously\nfiled with the clerk, may also require either party to file with the\nclerk proof of service of the summons, two copies of the note of issue\nand such other data as may be required.\n
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