Uniform Rules § 208.8

Venue

(a) Motions for a change of venue. Motions for a change of venue shall be heard in the county division of the court in which the action was instituted. An order of transfer shall direct the disposition of the papers then on file.

(b) Venue of Transitory Action Laid in Wrong County Division. The clerk shall not accept a summons for filing when it appears upon its face that the proper venue is a county division other than the one where it is offered for filing. The clerk shall stamp upon the summons the date of such rejection and shall enter the date of such rejection in a register maintained by him, together with the county division in which the summons should be filed. Where the wrong county division is stated in the summons, the time of the defendant to appear or answer shall be the later of:

(1) the original time to answer; or

(2) the date 10 days after the summons is filed in the proper county division, with proof of service upon the defendant by registered or certified mail of notice stating:

(i) the proper county division;

(ii) the date of filing of the summons;

(iii) the date within which the answer or notice of appearance is to be filed; and

(iv) the address at which it is to be filed.

Official sourcehttps://www.nycourts.gov/rules/part-208-uniform-civil-rules-new-york-city-civil-court

In plain English

Change-of-venue motions are heard in the division where the action began. ★ The clerk shall NOT accept a summons for filing when the face shows the proper venue is a different county division; the clerk stamps the rejection date and logs it with the correct division. If the wrong division is stated, defendant's time to answer becomes the later of the original time or 10 days after the summons is filed in the proper division (with registered/certified-mail notice of the proper division, filing date, answer deadline, and filing address). ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 6 — The JG-22 Uniform Rules and Everything Else and in Volume 1 — The JG-22 in Plain English.