N.Y. Mental Hygiene Law § 81.05: 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.