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GOLDBERG v. GOLDBERG

65 A.D.3d 1282 (2009)

885 N.Y.S.2d 617

SHIMON C. GOLDBERG, Respondent, v. TOBY GOLDBERG, Respondent. and JAMES W. KRUEGER, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 29, 2009.

Ordered that the order is affirmed, with costs.

The Supreme Court providently exercised its discretion in denying the appellant's motion pursuant to CPLR 510 (3) to change the venue of this action from Kings County to Sullivan County based on the convenience of material witnesses (see Frankel v Stavsky, 40 A.D.3d 918, 919 [2007]; O'Brien v Vassar Bros. Hosp., 207 A.D.2d 169, 172...

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