N.Y. CPLR § 506

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 506 Where special proceeding commenced § 506. Where special proceeding commenced. (a) Generally. Unlessotherwise prescribed in subdivision (b) or in the law authorizing theproceeding, a special proceeding may be commenced in any county withinthe judicial district where the proceeding is triable.(b) Proceeding against body or officer. A proceeding against a body orofficer shall be commenced in any county within the judicial districtwhere the respondent made the determination complained of or refused toperform the duty specifically enjoined upon him by law, or where theproceedings were brought or taken in the course of which the mattersought to be restrained originated, or where the material eventsotherwise took place, or where the principal office of the respondent islocated, except that1. a proceeding against a justice of the supreme court or a judge of acounty court or the court of general sessions shall be commenced in theappellate division in the judicial department where the action, in thecourse of which the matter sought to be enforced or restrainedoriginated, is triable, unless a term of the appellate division in thatdepartment is not in session, in which case the proceeding may becommenced in the appellate division in an adjoining judicial department;and2. a proceeding against the regents of the university of the state ofNew York, the commissioner of education, the commissioner of taxationand finance, the tax appeals tribunal except as provided in section twothousand sixteen of the tax law, the public service commission, thecommissioner or the department of transportation relating to articlesthree, four, five, six, seven, eight, nine or ten of the transportationlaw or to the railroad law, the water resources board, the comptrolleror the department ansportation relating to articlesthree, four, five, six, seven, eight, nine or ten of the transportationlaw or to the railroad law, the water resources board, the comptrolleror the department of agriculture and markets, shall be commenced in thesupreme court, Albany county.3. notwithstanding the provisions of paragraph two of thissubdivision, a proceeding against the commissioner of education pursuantto section forty-four hundred four of the education law may be commencedin the supreme court in the county of residence of the petitioner.4. a proceeding against the New York city tax appeals tribunalestablished by section one hundred sixty-eight of the New York citycharter shall be commenced in the appellate division of the supremecourt, first department.5. a proceeding challenging apportionment by the legislature shall becommenced in the supreme court in any of the following designatedcounties in a judicial department where at least one petitioner resides:(i) first judicial department: New York county;(ii) second judicial department: Westchester county;(iii) third judicial department: Albany county; or(iv) fourth judicial department: Erie county.