Matter of Howard v. NY State Bd. of Parole

In Matter of Howard v. NY State Bd. of Parole (5 AD3d 271 [1st Dept 2004]), in which petitioner brought an Article 78 proceeding to vacate a Division of Parole decision, Albany county was considered a proper venue. Although, due to the respondent's failure to comply with proper procedure, venue was ultimately not changed from New York County, the Appellate Division, First Department, concluded: According to CPLR 506 (b), venue in a case such as this should have been placed in the judicial district where the determination complained of took place or where respondent's principal office is located. The determination here was made at the Woodbourne Correctional Facility, located in Sullivan County. Respondent's principal office is located in Albany County. Thus, Albany county is a proper venue. Id., at 272.