2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 34 - (R3401 - R3409) CALENDAR PRACTICE; TRIAL PREFERENCES
R3407 - Preliminary conference in personal injury actions involving certain terminally ill parties.

 
    Rule 3407. Preliminary conference in personal injury actions involving
  certain terminally ill parties. (a) Request for conference. At any time,
  a  party  to  an  action  who  is  terminally  ill, and who asserts in a
  pleading in such action that such terminal illness is the result of  the
  culpable  conduct  of  another  party  to  such  action,  may request an
  expedited preliminary conference in such action. Such request  shall  be
  filed  in  writing with the clerk of the court, and shall be accompanied
  by a physician's affidavit stating that the party is terminally ill, the
  nature of the terminal illness, and the duration of life  expectancy  of
  such  party,  if known. The court shall hold a preliminary conference in
  such action within twenty days after the filing of such a request.
    (b) 1. Preliminary conference. At  such  preliminary  conference,  the
  court shall issue an order establishing a schedule for the completion of
  all  discovery proceedings, to be completed within ninety days after the
  date of the preliminary conference, unless it can  be  demonstrated  for
  good cause that a longer period is necessary.
    2. At such preliminary conference, the court shall issue an order that
  a  note  of  issue  and certificate of readiness be filed in such action
  within a period of time specified in the order, that the action  receive
  a  preference  in trial, and that the trial be commenced within one year
  from the date of such order. In its discretion, and upon application  of
  any party, the court may advance or adjourn such trial date based on the
  circumstances of the case.
    3.  Notwithstanding  the provisions of subdivision (b) of rule 3214 of
  this chapter, the service or pendency of a motion under rule 3211,  3212
  or  section  3213 of this chapter shall not stay disclosure in an action
  where a preliminary conference order has been entered pursuant  to  this
  rule.