2006 New York Code - Where Special Proceeding Commenced.



 
    §  506.  Where  special  proceeding  commenced.  (a) Generally. Unless
  otherwise prescribed in subdivision (b) or in the  law  authorizing  the
  proceeding,  a  special proceeding may be commenced in any county within
  the judicial district where the proceeding is triable.
    (b) Proceeding against body or officer. A proceeding against a body or
  officer shall be commenced in any county within  the  judicial  district
  where  the respondent made the determination complained of or refused to
  perform the duty specifically enjoined upon him by  law,  or  where  the
  proceedings  were  brought  or  taken  in the course of which the matter
  sought to  be  restrained  originated,  or  where  the  material  events
  otherwise took place, or where the principal office of the respondent is
  located, except that
    1. a proceeding against a justice of the supreme court or a judge of a
  county  court or the court of general sessions shall be commenced in the
  appellate division in the judicial department where the action,  in  the
  course  of  which  the  matter  sought  to  be  enforced  or  restrained
  originated, is triable, unless a term of the appellate division in  that
  department  is  not  in  session,  in  which  case the proceeding may be
  commenced in the appellate division in an adjoining judicial department;
  and
    2. a proceeding against the regents of the university of the state  of
  New  York,  the  commissioner of education, the commissioner of taxation
  and finance, the tax appeals tribunal except as provided in section  two
  thousand  sixteen  of  the  tax  law, the public service commission, the
  commissioner or the department of transportation  relating  to  articles
  three,  four, five, six, seven, eight, nine or ten of the transportation
  law or to the railroad law, the water resources board,  the  comptroller
  or  the department of agriculture and markets, shall be commenced in the
  supreme court, Albany county.
    3.  notwithstanding  the  provisions  of   paragraph   two   of   this
  subdivision, a proceeding against the commissioner of education pursuant
  to section forty-four hundred four of the education law may be commenced
  in the supreme court in the county of residence of the petitioner.
    4.  a  proceeding  against  the  New  York  city  tax appeals tribunal
  established by section one hundred sixty-eight  of  the  New  York  city
  charter  shall  be  commenced  in  the appellate division of the supreme
  court, first department.

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