N.Y. Domestic Relations Law Section 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.

Source: Section 249 — Trial preferences in matrimonial actions, https://www.­nysenate.­gov/legislation/laws/DOM/249 (updated Sep. 22, 2014; accessed Jan. 18, 2025).

230
Required residence of parties 231
Residence of married persons 232
Notice of nature of matrimonial action 233
Sequestration of defendant’s property in action for divorce, separation or annulment where defendant cannot be personally served 234
Title to or occupancy and possession of property 235
Information as to details of matrimonial actions or proceedings 236
Special controlling provisions 237
Counsel fees and expenses 238
Expenses in enforcement and modification proceedings 239
Stay in divorce or separation action on default of payment 240
Custody and child support 240‑A
Judgment or decree 240‑B
Order of support by parent 240‑C
Review and cost of living adjustment of child support orders 240‑D
Support orders for certain adult dependents 241
Interference with or withholding of visitation rights 243
Security for payments by defendant in action for divorce, separation or annulment 244
Enforcement by execution of judgment or order in action for divorce, separation or annulment 244‑A
Enforcement of arrears which accrue during pendency of an enforcement proceeding 244‑B
Child support proceedings and enforcement of arrears 244‑C
Child support proceedings and enforcement of arrears 244‑D
Child support proceedings and enforcement of arrears 245
Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment 246
Persons financially unable to comply with orders or judgments directing the payment of alimony 247
Alimony or maintenance payments suspended during confinement in prison 248
Modification of judgment or order in action for divorce or annulment 249
Trial preferences in matrimonial actions 250
Agreements relating to marriage 251
Filing of order in family court 252
Effect of pendency of action for divorce, separation or annulment on petition for order of protection 253
Removal of barriers to remarriage 254
Confidentiality 255
Prerequisites for judgments under articles nine, ten and eleven of this chapter
Green check means up to date. Up to date

Accessed:
Jan. 18, 2025

Last modified:
Sep. 22, 2014

§ 249’s source at nysenate​.gov

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