Opinion
March 23, 1998
Appeal from the Supreme Court, Kings County (Bellard, J.).
Ordered that the order is affirmed, with costs.
The defendants' motion to change venue on the ground that Kings County was not a proper county (see, CPLR 510) was untimely (see, CPLR 511 [b]). Therefore, the motion was not made as a matter of right, but addressed to the court's discretion (see, Fitzpatrick v. Sullivan, Magee Sullivan, 49 A.D.2d 902). Under the circumstances of this case, the Supreme Court did not improvidently exercise its discretion in granting the motion (see, Naples v. Daubert Chem. Co., 93 A.D.2d 745).
Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.