Claimant moves for an order pursuant to CPLR 511 to change venue of this action
to one of the five boroughs of New York City since claimant allegedly
“cannot leave the five (5) boroughs of New York City and travel to Albany,
New York for the purposes of attending upcoming Pre-Trial and Trial in said
County.” Claimant appears to be arguing that the terms of his parole
prohibit his travel outside of the five New York City boroughs. However, the
“Certificate of Release to Parole Supervision,” attached to the
motion papers, only prohibits claimant from leaving the “State of New York
or any other State to which I am released or transferred, or any area defined in
writing by my Parole Officer without permission.” Claimant offers no proof
that his parole officer has limited claimant’s ability to travel within
the State of New York.
Even if claimant was prohibited from leaving the five boroughs of New York City
by the terms of his parole the motion would be denied. Claimant has not shown
that venue is improper as required for relief under CPLR 511, nor has he shown
that a change of venue is required for “the convenience of material
witnesses and [that] the ends of justice will be promoted by the change”
as required by CPLR 510 (3).
In order to prevail on a change of venue motion made pursuant to CPLR 510 (3),
the proponent must “supply the names, addresses and occupations of the
witnesses whose convenience [proponent] claims will be affected, indicate that
the prospective witnesses have been contacted and are willing to testify on
[his] behalf and specify the substance of each witness’s testimony, which
must be necessary and material” (Andros v Roderick, 162 AD2d 813,
814 [3d Dept 1990]; see Heiss v Moose, 16 AD3d 765 [3d Dept
2005]). Claimant has made no such showing.
Claimant’s own “convenience carries little if any weight on a
motion pursuant to CPLR 510 (3)” (Mroz v Ace Auto Body & Towing,
Ltd., 307 AD2d 403, 404 [3d Dept 2003]).
The pre-trial proceedings referred to by claimant will primarily be conducted
by mail and telephone, with the exception of possible depositions. When, and if,
it becomes necessary to address claimant’s alleged inability to leave the
five boroughs of New York City, claimant may renew his request, if no
alternative means of proceeding, such as obtaining permission from his parole
officer, is shown to be available.
The claimant’s motion to change venue is denied.