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This entry was published on 2014-09-22
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SECTION 506
Where special proceeding commenced
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 5
§ 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.