Kessler v. State

—Order unanimously reversed on the law without costs and motion granted. Memorandum: The Court of Claims abused its discretion in denying claimant’s motion to change the venue of this action from the Utica District to the New York District. The action arose out of an injury sustained by claimant while he was incarcerated in the Oneida Correctional Facility in Rome, New York. The action was venued in the Utica District because the claim arose there. Claimant returned home to Suffolk County, Long Island, after he was released, however, and he sought a change of venue to the New York District…