Liere v. State

• Citation: 123 A.D.3d 1323,2014 N.Y. Slip Op. 08891,999 N.Y.S.2d 581
• Decision Date: 18 December 2014
• Docket Number: 518567
• Parties: Robert LIERE, Doing Business as Liere Farms, Appellant, v. STATE of New York, Respondent.
• Court: New York Supreme Court — Appellate Division

123 A.D.3d 1323
999 N.Y.S.2d 581
2014 N.Y. Slip Op. 08891

Robert LIERE, Doing Business as Liere Farms, Appellant
v.
STATE of New York, Respondent.

518567

Supreme Court, Appellate Division, Third Department, New York.

Dec. 18, 2014.

999 N.Y.S.2d 581

Robert J. Cava, P.C., West Babylon (Robert J. Cava of counsel), for appellant.

999 N.Y.S.2d 582

Eric T. Schneiderman, Attorney General, Albany (Laura Etlinger of counsel), for respondent.

Before: LAHTINEN, J.P., McCARTHY, EGAN JR., DEVINE and CLARK, JJ.

Opinion

DEVINE, J.

123 A.D.3d 1323

Appeal from an order of the Court of Claims (Milano, J.), entered October 16, 2013, which, among other things, denied claimant's motion to change venue from Albany County to Suffolk County.

Claimant commenced this action seeking damages from defendant based on the alleged malicious prosecution of an administrative proceeding by the Department of Environmental Conservation. He subsequently moved, pursuant to CPLR 510(c), to change venue of the matter from Albany County to Suffolk County. The Court of Claims denied the motion and claimant now appeals.

To the extent that claimant argues that this matter is properly venued in Suffolk County pursuant to CPLR 503, as it was his place of residency at the time the action was commenced, and pursuant to CPLR 507, because the action allegedly affects the use and enjoyment of his real property in such county, and,

123 A.D.3d 1324

alternatively, that the Clerk of the Court of Claims improperly assigned the matter according to court rules (see 22 NYCRR 206.4 ), such arguments are unpreserved as they are being raised for the first time on appeal (see Semzock v. State of New York, 97 A.D.3d 1012, 1013, 949 N.Y.S.2d 236 [2012] ; Matter of ...