Section 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.