Section 3403. Trial preferences

(a) Preferred cases. Civil cases shall
  be tried in the order in which notes of issue have been filed,  but  the
  following shall be entitled to a preference:
    1.  an  action  brought  by  or  against  the  state,  or  a political
  subdivision of the state, or an officer or  board  of  officers  of  the
  state  or  a  political subdivision of the state, in his or its official
  capacity, on the application of the state, the political subdivision, or
  the officer or board of officers;
    2. an action where a preference is provided for by statute; and
    3. an action in which the interests of justice will be  served  by  an
  early trial.
    4.  in  any action upon the application of a party who has reached the
  age of seventy years.
    5. an action to recover  damages  for  medical,  dental  or  podiatric
  malpractice.
    6.  an  action  to  recover  damages  for  personal injuries where the
  plaintiff is terminally ill and alleges that such terminal illness is  a
  result of the conduct, culpability or negligence of the defendant.
    (b) Obtaining preference. Unless the court otherwise orders, notice of
  a  motion  for  preference shall be served with the note of issue by the
  party serving the note of issue, or ten days after such service  by  any
  other  party;  or  thereafter during the pendency of the action upon the
  application of a party who reaches the age of seventy years, or  who  is
  terminally ill.