Upon the foregoing papers, defendants Moszek Zarkowsky and Esther Zarkowsky (collectively defendants) move for an order, pursuant to CPLR §510, transferring venue of the instant action from Kings County to Rockland County.

On or about July 16, 2008, plaintiff Joel Fischel commenced the instant negligence action seeking to recover damages for personal injuries allegedly sustained on March 28, 2007 while on the defendants' premises, located at 107 Washington Avenue, Spring Valley, New York.

In his summons and complaint, plaintiff lists the address for both defendants as 107 Washington Avenue, Spring Valley, New York. Plaintiff designated Kings County as the proper venue of the action based on his alleged residence, at 1507 40th Street, Brooklyn, New York, at the time of the commencement of the action. [*2]

Issue was joined by the service of defendants' answer upon plaintiff's counsel on or about September 19, 2008. Defendants also served with their answer, a demand for a change of venue pursuant to CPLR 511 [a] [b]. Said demand alleged that Kings County is not a proper forum for this action, and that Rockland County is the proper county where the trial of this action should take place. When plaintiff's attorney did not serve a written consent to change the place of trial to the county specified in the defendants' demand within 5 days after such service, the instant motion ensued (see CPLR 511 [b]).

A defendant seeking to change venue as of right under CPLR 510 (1) has the burden of demonstrating that, at the time the action was commenced the plaintiff did not reside in the county plaintiff designated (see Clarke v Ahern Prod. Servs., 181 AD2d 514 [1992]; see generally CPLR503[a]. In support of the motion to change venue, defendants assert that the instant case has no connection to Kings County as neither plaintiff nor defendants are residents of Kings County. To support their claim, defendants submit the copy of an internet telephone directory search conducted for plaintiff Joel Fischel in Rockland County. Defendants state that the search disclosed two phone numbers for Joel Fischel in Spring Valley, New York. Moreover, defendants note that another internet telephone directory search conducted for Joel Fischel in Kings County failed to reveal any phone numbers for the plaintiff. Defendants further submit a certified copy of a Rockland County Board of Elections Voter Registration Information Report for Joel Fischel, as evidence that plaintiff resides at 6A Wilson Avenue, Spring Valley, New York. Defendants contend that said information proves that plaintiff voted in Rockland County every year, consecutively, since 1994. Based upon this evidence, defendants argue that they have met their burden that plaintiff did not reside in Kings County at the time the instant action was commenced but rather resided at the Rockland County address. Accordingly, defendants assert that since both the plaintiff and the defendants reside in Rockland County venue should be changed from Kings County to Rockland County.

Plaintiff opposes the motion, arguing that defendants have failed to establish, through documentary evidence, that he was a resident of Rockland County at the time the action was commenced. Plaintiff asserts that the internet search documents submitted by defendants are not in admissible form, are uncertified and therefore insufficient to establish defendants initial burden that venue in Kings County is improper. Moreover, plaintiff contends that there is no showing that he resided or voted as a resident in Rockland County since the action was commenced. Plaintiff submits his own affidavit in which he states that he resided at 1507 40th Street in Brooklyn since November 2007. To further support this contention, plaintiff offers a copy of his New York State driver's license issued on November 21, 2007, which reflects a Kings County address of 1507 40th Street, Brooklyn, New York, 11218. Plaintiff asserts that his driver's license and his affidavit are sufficient to show that venue was properly placed in Kings County. In addition, plaintiff argues that whether he previously resided in Rockland County or previously registered to vote in that county is irrelevant since there is no demonstration [*3]that he resided in that county at the time the action was commenced. Further, plaintiff argues that even if his voter registration in Rockland County [from 1988] is enough for this court to find that he is still a resident of Rockland County . . . he may be treated as a resident of both counties and venue must be found to be properly placed in Kings County.

In reply, defendant points out that based on a Rockland County Board of Elections voter registration information report of November 21, 2008, plaintiff voted in the November 2008 general election in Rockland County, less than four months ago. Defendants reiterate that plaintiff has failed to establish that he resided in Kings County at the time the instant action was commenced.

CPLR 503(a) provides, in relevant part, that "the place of trial shall be in the county in which one of the parties resided when it was commenced." In opposition to the motion to change venue, a plaintiff must establish, through documentary evidence, that he or she resided in Kings County when the action was commenced (see Buziashvili v Ryan, 264 AD2d 797, 798 [1999]). Evidence regarding residence at the time of commencement, as opposed to a post-commencement address, is relevant to a determination of proper venue (see Buziashvili, 264 AD2d at 798; Mandelbaum v Mandelbaum, 151 AD2d 727 [1989]; Siegfried v Siegfried, 92 AD2d 916 [1983]). Thus, any indicia of residence acquired after the commencement of the action is irrelevant to the court's determination of venue (Buziashvili, 264 AD2d at 798; Mandelbaum, 151 AD2d at 727; Siegfried, 92 AD2d at 916). "Self-serving affidavits" submitted by plaintiff and others are insufficient to establish residence in the absence of documentary evidence (Buziashvili, 264 AD2d at 797; Seefeldt v Incledon, 261 AD2d 925 [1999]; Martinez v Semicevic, 178 AD2d 228 [1991]; Morale v La Grange Inn, Inc., 160 AD2d 783 [1990]). Finally, a plaintiff will forfeit the right to select the place of venue by choosing an improper venue in the first instance (see Nixon v Federated Department Stores, 170 AD2d 659 [1991]; Kelson v Nedicks Stores, Inc., 104 AD2d 315 [1984]; Papadakis v Command Bus Co., 91 AD2d 657 [1982])In the instant case, although plaintiff has submitted his driver's license indicating a Brooklyn address, plaintiff has failed to submit any other documents such as leases, rent receipts, insurance policies, tax returns, or bills, evidencing his Kings County address at the time he commenced the action. Plaintiff's residence at the time of commencement is determinative as to the issue of proper venue (see Buziashvili, 264 AD2d at 797). Further, plaintiff has offered no explanation as to why he is registered to vote in Rockland County or why two phone numbers are listed in his name in Rockland County. His self-serving affidavit attesting to the Kings County residency is insufficient to rebut defendants' proof, in the form of voter registration and phone listings, showing that plaintiff resided in Rockland County. Based on the record before the court, plaintiff has failed to establish through sufficient documentary evidence that he actually resided in Kings County at the time he commenced this action (Buziashvili, 264 AD2d at 798; see also Seefeldt, 261 AD2d at 925; Martinez, 178 AD2d at 229; Morale, 160 AD2d at 784). [*4]Consequently, plaintiff's evidence is insufficient to establish residency for the purposes of defeating the defendants' motion for change of venue. As plaintiff has chosen an improper venue, he has forfeited his right to choose the place of trial (see Nixon, 170 AD2d at 660; Kelson, 104 AD2d at 316; Papadakis, 91 AD2d at 658) and, as there is no showing by plaintiff that Rockland County is an improper venue (see e.g. Kelson, 104 AD2d at 316), defendants' motion to change venue of the instant action from Kings County to Rockland County is granted. The Clerk of this Court is directed, upon service of a copy of this order with notice of entry and payment of the appropriate fee, if any, to transfer all papers on file in this action to the Clerk of the Supreme Court, Rockland County (see CPLR 511 [d]).

The foregoing constitutes the decision and order of this court.

ENTER,

J.S.C.