New York Court Acts|SECTION 306

                                                

§ 306. Change of venue; procedure.

The bringing of an action or proceeding in the wrong district in the
county shall not be deemed a jurisdictional defect, but the court may of
its own motion, and must on the motion of a party defendant, transfer
the action or proceeding to a proper district in the county. The motion
by the defendant for such relief must be made in writing and on notice
and must be filed with the clerk before or at joinder of issue. It must
specify the district in the county to which the defendant desires the
action or proceeding to be transferred and must state under oath facts
showing that ground exists for such transfer. In the absence of timely
motion by the defendant, he shall be deemed to have waived any objection
relating to proper venue.