Koch v Sheresky, Aronson & Mayefsky LLP, 2018 NY Slip Op 03769 [1st Dept. 2018]
The court also properly denied plaintiff's motion for a hearing before an advisory jury pursuant to CPLR 4212. Plaintiff failed to explain the necessity for such a hearing or to substantiate her claim of bias on the part of the special referee, who had denied her motion for a protective order and directed her to appear for a deposition. Plaintiff's motion for the appointment of an advisory jury after the special referee denied her motion for a protective order suggests a strategy to avoid the discovery orders entered against her as a result of her willful noncompliance.