Banks v. New York State & Local Employees' Retirement System

—Order, Supreme Court, New York County (Herman Cahn, J.), entered January 8, 1999, which granted respondents’ motion pursuant to CPLR 511 and 506 (b) (2), for a change of venue from New York County to Albany County and denied petitioner’s motion to convert this CPLR article 78 proceeding to an action for a declaratory judgment without prejudice to renewal in Albany County*, unanimously modified, on the law, to the extent of denying respondents’ motion and otherwise affirmed, without costs.

In granting respondents a change of venue, the IAS Court relied upon the mandate of CPLR 506 (b) (2) that…