The defendant's motion to transfer this action from Supreme Court, Queens County to Supreme Court, Schenectady County is granted. See Mr. O'Neill's affirmation. Defendants properly served a demand for change of venue pursuant to CPLR § 511(b) followed by the present motion to change venue (see generally, Agostino Antiques, Ltd. v. CGU-American Employer's Ins. Co., 6 AD3d 469 [2nd Dept. 2004]).

The only party who resides in the state of New York is the defendant, who resides in Schenectady County. The plaintiff chose Queens County improperly, as demonstrated by Mr. O'Neill. The plaintiff's arguments that the Court should keep Queens County as a discretionary basis of venue to accommodate the alleged convenience of nonparty witnesses and the plaintiff's employees was not supported by required proof, but consisted on conclusory statements. See, Lopez-Viola v Duell, 78 AD3d 1357 [3rd Dept. 2010]; Walsh v Mystic Tank Lines Corp., 51 AD3d 908 [2nd Dept. 2008]; State v Quintal, Inc., 79 AD3d 1357 [3rd Dept. 2010]. [*2]

Accordingly, the defendant's motion to change venue is granted, and defendant is directed to serve a copy of this order bearing the Clerk's dated stamp of entry together with notice of entry upon the plaintiff and the clerk of the court of Supreme Court, Queens County, and it is further

Ordered that upon receipt of this order with notice of entry, the clerk of the court of Supreme Court, Queens County is directed to transfer this court file to the clerk of the court of Supreme Court, Schenectady County.

The foregoing constitutes the decision, order, and opinion of the Court.

______________________________Hon. Charles J. Markey

Justice, Supreme Court, Queens County

Dated: Long Island City, New York

July 8, 2011