§ 9803.Place of trial of actions and proceedings against villages.
Article 98. Actions Against Villages · Last amended 1973 · Last verified July 21, 2026
Full Text of CPLR 9803
Plain-English Summary
CPLR 9803 is a one-sentence venue rule. It covers all actions and proceedings against a village or against any of its officers or boards, and it places the trial of that action or proceeding in the county in which the village sits. Unlike CPLR 9801 and 9802, which speak only of 'actions,' this section reaches 'proceedings' as well, broadening its coverage beyond ordinary civil lawsuits.
Tying venue to the village's own county keeps litigation against local government close to the community with the most direct connection to the dispute, the village's records, officials, and the events giving rise to the claim are all likely to be there. New York generally lets a plaintiff choose among venues tied to the parties' residence or the events at issue; for a defendant that is itself a unit of local government, CPLR 9803 removes that choice and sets venue by geography instead.
As written, the section states the place of trial without carving out exceptions, so it stands as the default venue rule whenever a village or one of its officers or boards is sued.
Frequently Asked Questions
Where do I bring a lawsuit against a village in New York?
CPLR 9803 places the trial of an action or proceeding against a village in the county in which the village is situated.
Does CPLR 9803 apply to suits against a village's officers or boards, not just the village itself?
Yes. The section covers actions and proceedings against a village or against any of its officers or boards.
Does CPLR 9803 cover special proceedings as well as ordinary lawsuits?
Yes, the section refers to both actions and proceedings, so it is not limited to conventional civil lawsuits.
Why does New York fix venue by the village's location instead of letting a plaintiff choose?
Placing trial in the village's own county keeps the case near the officials, records, and events most connected to the dispute, rather than letting a plaintiff select a more distant forum.
Does CPLR 9803 say anything about changing venue after a case is filed?
No, the text only fixes where an action or proceeding against a village belongs as a default matter; it does not address later venue changes.
Amendment History
Add, L 1972, ch 890, § 3, eff Sept 1, 1973, with substance transferred from Vill Law § 341–e.