Appellate Division of the Supreme Court of the State of New York December 27, 2011 (Kallas v. Costello)

The Supreme Court improvidently exercised its discretion in granting the defendant’s motion for a change of venue from Kings County to Orange County, since the defendant’s motion to change venue, based upon an allegedly improper county, was not served within 15 days after service of his demand for a change of venue (see CPLR 511 [b]; Wilkerson v 134 Kitty’s Corp.