N.Y. Uniform District Court Act § 306: Change of venue; procedure

§ 306. Change of venue; procedure.

The bringing of an action or proceeding in the wrong district in the

county shall not be deemed a jurisdictional defect, but the court may of

its own motion, and must on the motion of a party defendant, transfer

the action or proceeding to a proper district in the county. The motion

by the defendant for such relief must be made in writing and on notice

and must be filed with the clerk before or at joinder of issue. It must

specify the district in the county to which the defendant desires the

action or proceeding to be transferred and must state under oath facts

showing that ground exists for such transfer. In the absence of timely

motion by the defendant, he shall be deemed to have waived any objection

relating to proper venue.