Summary
finding Albany County to be proper venue for challenge to determination in real property valuation certification process took place in that county, where plaintiff had also availed itself of administrative review there
Summary of this case from Riccelli Enters., Inc. v. State Workers' Comp. Bd.Opinion
April 13, 1998
Appeal from the Supreme Court, Nassau County (Lockman, J.).
Ordered that the order is affirmed, with costs.
The proper procedural vehicle by which to have this matter heard, which essentially requires a review of a determination made by the defendants, is a proceeding pursuant to CPLR article 78 ( see, CPLR 7801; DiMiero v. Livingston-Steuben-Wyoming County Bd. of Coop. Educ. Servs., 199 A.D.2d 875). The venue for a CPLR article 78 proceeding is governed by CPLR 506. Pursuant to CPLR 506 (b), the proper venue in this matter is Albany County where the governmental unit which made the determination is located and where the material events took place.
Miller, J.P., Joy, Altman and McGinity, JJ., concur.