The following e-filed documents, listed by NYSCEF document number (Motion 005) 166, 167, 168, 170, 171, 172, 173, 174, 175, 176, 177, 178 were read on this motion to/for CHANGE VENUE.

Plaintiff previously filed a motion to change venue (Mot Seq 4 [NYSCEF Doc 152]), but subsequently withdrew the motion (NYSCEF DOC 164). Thereafter, Justice J. Machelle Sweeting issued an order granting Plaintiff leave to file a new motion and set a briefing schedule, which could only be changed via written stipulation of the parties (Order [NYSCEF Doc 165]).

Plaintiff has now filed this motion seeking to change venue. Defendant never submitted opposition and a unilateral request to adjourn or for an extension of time was denied by the Court. The Court now considers the motion.

A review of Plaintiff's Affidavit and Memorandum of Law shows that Plaintiff raises many allegations and concerns that relate to the underlying substance and merits of the case. These merits of the case, however, is not an issue currently before this Court.

However, it appears that Plaintiff believes - based on her conspiratorial allegations of false statements, purported illegal ex parte communication, violation of Court rules, violation of federal laws by certain hospital entities, and purported defamatory information presented about Plaintiff's mental health to judges - that she cannot get a fair hearing anyplace within the jurisdiction of the First or Second Department, and thus seeks to change venue to Ulster County, New York.

Pursuant to CPLR 510, venue may be changed where:

1. the county designated for that purpose is not a proper county; or

2. there is reason to believe that an impartial trial cannot be had in the proper county; or

3. the convenience of material witnesses and the ends of justice will be promoted by the change.

Here, Plaintiff raises only the ground of 510 [2]. However, as an initial matter it must be considered that this matter was properly filed in New York County and the defendant is the New York City Police Department. Pursuant to CPLR 504 [3], actions against New York City must be filed "in the county within the city in which the cause of action arose, or if it arose outside of the city, in the county of New York." Thus, there is a presumption that this case must remain in New York County (see Powers v. East Hudson Parkway Authority, 75 AD2d 776, 777 [1st Dept 1980] ["In the absence of compelling circumstances, courts should comply with the statutory direction"]).

Critically, "the purpose of CPLR 504[1] is to protect a county and its officials from inconvenience. In the absence of compelling circumstances, venue should remain in the county that is sued" (Babylon Associates v. Suffolk County, 89 AD2d 57, 58 [1st Dept 1982]). Plaintiff is required to come forward with facts demonstrating a strong possibility that an impartial trial of the action could not be obtained in this county (see Albanese v. West Nassau Mental Health Center, 208 AD2d 665, 666 [2d Dept 1994]). Plaintiff has failed to present compelling circumstances and puts forth only speculation and allegations insufficient to warrant a change of venue.

In the exercise of its discretion, and in the absence of strong evidence or compelling circumstances warranting a change of venue, the Court denies the motion,

Accordingly, it is

This constitutes the Decision and Order of this Court.