Opinion
Submitted October 13, 1999
November 15, 1999
David J. Pajak, Buffalo, N.Y., for appellant.
LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, JJ.
DECISION ORDER
In an action to recover unpaid insurance premiums, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (McCarty, J.), dated November 9, 1998, as denied that branch of its cross motion which was pursuant to CPLR 510(3) to change the venue of the action from Nassau County to Erie County.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The defendant failed to establish that the venue of this action should be changed to Erie County based on the convenience of material witnesses (see, Penn v. North Shore Univ. Hosp. — Glen Cove, 244 A.D.2d 537 ; O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169 ; D'Argenio v. Monroe Radiological Assoc., 124 A.D.2d 541 ).
BRACKEN, J.P., SANTUCCI, ALTMAN, FRIEDMANN, and H. MILLER, JJ., concur.