5221 - Where enforcement proceeding commenced.

§  5221. Where enforcement proceeding commenced.  (a) Court and county  in which proceeding commenced.  1. If the judgment sought to be enforced  was entered in the city court of any city outside the city of New  York,  and  the  respondent resides or is regularly employed or has a place for  the regular transaction of business in person within the county in which  the court is or was located, a special  proceeding  authorized  by  this  article  shall be commenced in that court or in the county court of that  county.    2. If the judgment sought to be enforced was  entered  in  a  district  court,  or  by a justice of the peace whose office has been or is by law  to be abolished and whose jurisdiction has been  or  is  by  law  to  be  superseded  by  a  district  court,  and  the  respondent  resides or is  regularly employed or  has  a  place  for  the  regular  transaction  of  business  in  person  within  the county in which such district court is  established, a special proceeding authorized by this  article  shall  be  commenced in such district court.    3.  If the judgment sought to be enforced was entered in the municipal  court of the city of New York, the city court of the city of New York or  the civil court of the city of New York, and the respondent  resides  or  is  regularly  employed  or  has  a place for the regular transaction of  business in person within that city, a special proceeding authorized  by  this  article  shall  be commenced in the civil court of the city of New  York.    4. In any other case, if  the  judgment  sought  to  be  enforced  was  entered  in  any court of this state, a special proceeding authorized by  this article shall be commenced, either in the supreme court or a county  court, in a county in which  the  respondent  resides  or  is  regularly  employed  or  has  a  place  for  the regular transaction of business in  person or, if there is no such county, in any county in which he may  be  served or the county in which the judgment was entered.    5.  If  no  court  in  which  a  special proceeding authorized by this  article could be commenced is in session, the special proceeding may  be  commenced  in  the  supreme court or a county court in any county within  the judicial  district  in  which  the  proceeding  could  otherwise  be  commenced  or in any county adjoining the county in which the proceeding  could otherwise be commenced.    (b) Notices, subpoenas and motions.  A notice or  subpoena  authorized  by  this  article  may  be  issued from, and a motion authorized by this  article may be made before, any court  in  which  a  special  proceeding  authorized  by this article could be commenced if the person served with  the notice, subpoena or notice of motion were respondent.