Opinion
July 9, 1982
Appeal from the Supreme Court, Erie County, Sedita, J.
Present — Dillon, P.J., Hancock, Jr., Denman, Boomer and Moule, JJ.
Order unanimously affirmed, with costs. Memorandum: Special Term properly denied respondent's motion for a change of venue. If this were simply a special proceeding for a judicial dissolution, venue would lie in the judicial district in which the office of the corporation is located, that location being the one designated in the certificate of incorporation (Business Corporation Law, § 102, subd [a], par [10]; § 1112; Hoffman v Oxford Devs., 9 A.D.2d 937). Here, however, inasmuch as the petitioner essentially seeks various other types of relief on his own behalf as a stockholder, director and officer, his county of residence is proper for purposes of venue (CPLR 503, subd [a]; Feldmeier v. Webster, 208 Misc. 996, affd 1 A.D.2d 938; Blum v Gleitsman, 25 Misc.2d 740). Accordingly, since this matter involves a joinder of claims with conflicting venue provisions, Special Term exercised its discretion and designated petitioner's county of residence as the place of trial (CPLR 502).