Tutuianu v Capuano

[*1] Tutuianu v Capuano 2009 NY Slip Op 52066(U) [25 Misc 3d 127(A)] Decided on October 6, 2009 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 6, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., PESCE and RIOS, JJ
2008-1824 Q C.

Mihail Tutuianu, Appellant,

against

Richard Capuano, Respondent.

Appeal from an order of the Civil Court of the City of New York, Queens County (Anna Culley, J.), dated September 2, 2008. The order denied plaintiff's motion for a change of venue.

ORDERED that the order is affirmed without costs.

After plaintiff commenced this action in the Small Claims Part of the Civil Court of the City of New York, Queens County, he moved for a change of venue seeking to transfer the action from Queens County to New York County. The motion was denied, and the instant appeal ensued.

The Civil Court did not improvidently exercise its discretion in denying plaintiff's motion for a change of venue. In order to prevail on the motion, plaintiff was required to come forward with facts demonstrating a strong possibility that an impartial trial could not be obtained in Queens County (see CPLR 510 [2]; Albanese v West Nassau Mental Health Ctr., 208 AD2d 665 [1994]; Krupka v County of Westchester, 160 AD2d 681 [1990]). His vague and conclusory allegations in support of his motion were inadequate to meet this burden since "[m]ere belief, suspicion or feelings are not sufficient grounds for the granting of the motion" for a change of venue (see Clausi v Hudson Cement Co., 26 AD2d 872, 873 [1966]). Accordingly, the order is affirmed.

Golia, J.P., Pesce and Rios, JJ., concur. [*2]
Decision Date: October 06, 2009