§ 506 — Where special proceeding commenced

New York § 506

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 5: Venue

Text

§ 506. Where special proceeding commenced. (a) Generally. Unless\notherwise prescribed in subdivision (b) or in the law authorizing the\nproceeding, a special proceeding may be commenced in any county within\nthe judicial district where the proceeding is triable.\n (b) Proceeding against body or officer. A proceeding against a body or\nofficer shall be commenced in any county within the judicial district\nwhere the respondent made the determination complained of or refused to\nperform the duty specifically enjoined upon him by law, or where the\nproceedings were brought or taken in the course of which the matter\nsought to be restrained originated, or where the material events\notherwise took place, or where the principal office of the respondent is\nlocated, except that\n 1. a proceeding against a justice of the supreme court or a judge of a\ncounty court or the court of general sessions shall be commenced in the\nappellate division in the judicial department where the action, in the\ncourse of which the matter sought to be enforced or restrained\noriginated, is triable, unless a term of the appellate division in that\ndepartment is not in session, in which case the proceeding may be\ncommenced in the appellate division in an adjoining judicial department;\nand\n 2. a proceeding against the regents of the university of the state of\nNew York, the commissioner of education, the commissioner of taxation\nand finance, the tax appeals tribunal except as provided in section two\nthousand sixteen of the tax law, the public service commission, the\ncommissioner or the department of transportation relating to articles\nthree, four, five, six, seven, eight, nine or ten of the transportation\nlaw or to the railroad law, the water resources board, the comptroller\nor the department of agriculture and markets, shall be commenced in the\nsupreme court, Albany county.\n 3. notwithstanding the provisions of paragraph two of this\nsubdivision, a proceeding against the commissioner of education pursuant\nto section forty-four hundred four of the education law may be commenced\nin the supreme court in the county of residence of the petitioner.\n 4. a proceeding against the New York city tax appeals tribunal\nestablished by section one hundred sixty-eight of the New York city\ncharter shall be commenced in the appellate division of the supreme\ncourt, first department.\n 5. a proceeding challenging apportionment by the legislature shall be\ncommenced in the supreme court in any of the following designated\ncounties in a judicial department where at least one petitioner resides:\n (i) first judicial department: New York county;\n (ii) second judicial department: Westchester county;\n (iii) third judicial department: Albany county; or\n (iv) fourth judicial department: Erie county.\n