Posner v. Rockefeller

Order and judgment entered October 9, 1969, unanimously reversed and vacated on the law, without costs and without disbursements, and the motion to change venue granted, and the proceeding remanded to Special Term, Albany County, for further proceedings with permission to respondents-.appellants-respondents to interpose an answer to the petition within 10 days from the date of publication of this decision. The order appealed from flies in the face of statute. Venue in this proceeding lies only in Albany County as to respondent-appellant Comptroller (CPLR 506, subd. [b], par. 2), and it must,…