N.Y. CCA Law § 306

§ 306. Change of venue; procedure. The bringing of an action or\nproceeding in the wrong county shall not be deemed a jurisdictional\ndefect, but the court may of its own motion and must on the motion of a\nparty defendant transfer the action or proceeding to a proper county.\nThe motion by the defendant for such relief must be made in writing and\non notice and must be filed with the clerk before or at joinder of\nissue. It must specify the county to which the defendant desires the\naction or proceeding to be transferred and must state under oath facts\nshowing that ground exists for such transfer. In the absence of timely\nmotion by the defendant, he shall be deemed to have waived any objection\nrelating to proper venue, except in the case of a real property action.\n The transfer of a real property action from an improper to the proper\ncounty may be had at any time by motion or otherwise.\n