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Change of Venue to Avoid Appearance of Impropriety Properly Granted–Plaintiff Was a Long-Time Senior Employee of Supreme Court in the County Where the Action Was Brought

The plaintiff was employed by Supreme Court Queens County.  For that reason, the Second Department determined Supreme Court properly granted the motion to change the venue from Queens County to Nassau County to avoid the appearance of impropriety:

“To obtain a change of venue pursuant to CPLR 510(2), a movant is required to produce admissible factual evidence demonstrating a strong possibility that an impartial trial cannot be obtained in the county where venue was properly placed” … . A motion to change venue pursuant to CPLR 510(2) is addressed to the sound discretion of the trial court and its determination should not be disturbed absent an improvident exercise of discretion … . Under the circumstances of this case, including the evidence demonstrating that the plaintiff has been employed at the Supreme Court, Queens County, since 2001, first as a court officer, and more recently as a senior court clerk, the Supreme Court providently granted the motions for a change of the venue of the action from Queens County to Nassau County, in order to avoid any appearance of impropriety … . Rutherford v Patel, 2015 NY Slip Op 05170, 2nd Dept 6-17-15

 

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