Respondent's commencement of a plenary action to recover his fee did not constitute an election of remedies precluding him from pursuing his rights under Judiciary Law § 475 in the main action ( see, Butler, Fitzgerald Potter v. Gelmin, 235 A.D.2d 218, 219). The unavailability of a jury trial under the statutory scheme does not make it unconstitutional ( see, Matter of Atterbury, 222 N.Y. 355, 360). We also find that the LAS Court properly referred the matter for a hearing ( see, New York State Crime Victims Bd. v. Abbott, 212 A.D.2d 22, 28; cf., CPLR 4317 [b]).
Concur — Lerner, J. P., Rubin, Tom and Mazzarelli, JJ.