2006 New York Code - Venue.



 
  § 81.05 Venue.
    (a)  A  proceeding  under this article shall be brought in the supreme
  court within the judicial district, or in the county court of the county
  in  which  the  person  alleged  to  be  incapacitated  resides,  or  is
  physically  present,  or  in  the  surrogate's court having jurisdiction
  pursuant to subdivision (b) of section 81.04 of  this  article.  If  the
  person alleged to be incapacitated is being cared for as a resident in a
  facility,  the  residence  of  that  person shall be deemed to be in the
  county where the facility is located and the proceeding shall be brought
  in that county, subject to application by  an  interested  party  for  a
  change  in  venue  to another county because of the inconvenience of the
  parties or witnesses or the  condition  of  the  person  alleged  to  be
  incapacitated.  If the person alleged to be incapacitated is not present
  in the state, or the residence of such person cannot be ascertained, the
  residence shall be deemed to be in the county in which all  or  some  of
  such person's property is situated.
    (b)  After  the appointment of a guardian, temporary guardian, special
  guardian,  standby  guardian,  or  alternate  standby   guardians,   any
  proceeding  to  modify  a  prior  order  shall be brought in the supreme
  court, county court, or surrogate's court which granted the prior order.
  If, at the time  of  the  application  to  modify  a  prior  order,  the
  incapacitated person is being cared for as a resident in a facility, the
  proceeding shall be brought in the county where the facility is located,
  subject  to  application by an interested party for a change in venue to
  the court which granted the prior order because of the inconvenience  of
  the parties or witnesses or the condition of the incapacitated person.

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