N.Y. Civil Practice Law & Rules § 506: 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.

5. a proceeding challenging apportionment by the legislature shall be

commenced in the supreme court in any of the following designated

counties in a judicial department where at least one petitioner resides:

(i) first judicial department: New York county;

(ii) second judicial department: Westchester county;

(iii) third judicial department: Albany county; or

(iv) fourth judicial department: Erie county.