Appellate Division of the Supreme Court of the State of New York January 6, 1983 (Nolan v. Lungen)

Casey, J. (concurring).

Although I concur in the dismissal of the petition, the proceeding is, in my view, neither jurisdictionally defective nor premature. CPLR 7804 (subd [b]) and its companion, CPLR 506 (subd [b]), are venue provisions (see McLaughlin, Practice Commentaries, McKinney’s Cons Laws of NY, Book 7B, CPLR 7804:2, p 505; Siegel, New York Practice, § 565, pp 790-791), and, as such,