2006 New York Code - Change Of Place Of Trial.

 
    Rule.  511. Change of place of trial. (a) Time for motion or demand. A
  demand under subdivision (b) for change of place of trial on the  ground
  that the county designated for that purpose is not a proper county shall
  be  served  with the answer or before the answer is served. A motion for
  change of place of trial on any other ground  shall  be  made  within  a
  reasonable time after commencement of the action.
    (b) Demand for change of place of trial upon ground of improper venue,
  where  motion  made. The defendant shall serve a written demand that the
  action be tried in a county  he  specifies  as  proper.  Thereafter  the
  defendant  may  move  to  change  the place of trial within fifteen days
  after service of the demand, unless within five days after such  service
  plaintiff  serves a written consent to change the place of trial to that
  specified by the defendant. Defendant may notice such motion to be heard
  as if the action  were  pending  in  the  county  he  specified,  unless
  plaintiff  within  five  days  after  service  of  the  demand serves an
  affidavit showing either that the county specified by the  defendant  is
  not proper or that the county designated by him is proper.
    (c)  Stay of proceedings. No order to stay proceedings for the purpose
  of changing the place of trial shall be granted unless it  appears  from
  the papers that the change is sought with due diligence.
    (d)  Order,  subsequent proceedings and appeal. Upon filing of consent
  by the plaintiff or entry of an order changing the place of trial by the
  clerk of the county from which it is changed, the clerk shall  forthwith
  deliver  to  the  clerk  of the county to which it is changed all papers
  filed in the action and certified copies of  all  minutes  and  entries,
  which  shall be filed, entered or recorded, as the case requires, in the
  office of the latter clerk. Subsequent proceedings shall be had  in  the
  county  to  which  the  change  is  made  as  if  it had been designated
  originally as the place of trial, except as otherwise  directed  by  the
  court.  An  appeal  from  an  order changing the place of trial shall be
  taken in the department in which the motion for the order was heard  and
  determined.