Opinion
January 29, 1996
Appeal from the Supreme Court, Richmond County (Marrero, J.).
Ordered that the order is reversed, on the law, without costs or disbursements, and the motion is granted to the extent that the action is transferred from Richmond County to Kings County, and the Clerk of the Supreme Court, Richmond County, is directed to deliver to the Clerk of the Supreme Court, Kings County, all papers filed in the action and certified copies of all minutes and entries (CPLR 511 [d]).
In view of the fact that the plaintiff is the daughter of a resident Richmond County Court of Claims Justice and an Acting Supreme Court Justice, who has also served the people of Richmond County for over two decades as a State Assembly-man, the protection of the court from even a possible appearance of impropriety, requires a change of venue from Richmond County to Kings County (see, Burstein v Greene, 61 A.D.2d 827; e.g., Saxe v OB/GYN Assocs., 86 N.Y.2d 820; Rothwax v Spice-handler, 161 A.D.2d 184; Milazzo v Long Is. Light. Co., 106 A.D.2d 495; DeLuca v CBS, Inc., 105 A.D.2d 770). Mangano, P.J., Balletta, Rosenblatt and Miller, JJ., concur.