N.Y. Comp. Codes R. & Regs. Tit. 22 § 208.8 - Venue
(a)
Motions for a change of venue. Motions for a change of venue shall be heard in
the county division of the court in which the action was instituted. An order
of transfer shall direct the disposition of the papers then on file.
(b) Venue of transitory action
laid in wrong county division. The clerk shall not accept a summons for filing
when it appears upon its face that the proper venue is a county division other
than the one where it is offered for filing. The clerk shall stamp upon the
summons the date of such rejection and shall enter the date of such rejection
in a register maintained by him, together with the county division in which the
summons should be filed. Where the wrong county division is stated in the
summons, the time of the defendant to appear or answer shall be the later of:
(1) the original time to answer;
or
(2) the date 10
days after the summons is filed in the proper county division, with proof of
service upon the defendant by registered or certified mail of notice stating:
(i) the proper county
division;
(ii) the
date of filing of the summons;
(iii) the date within which the answer or
notice of appearance is to be filed; and
(iv) the address at which it is to be
filed.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.