DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is denied, and the Clerk of the Supreme Court, Suffolk County, is directed to deliver to the Clerk of the Supreme Court, Kings County, all papers filed in this action and certified copies of all minutes and entries (see, CPLR 511[d]).
We agree with the plaintiff's contention that the defendant did not move for a change of venue based on the designation of an improper county (CPLR 510) within the 15 days required by CPLR 511(b). Accordingly, the defendant is not entitled to a change of venue as of right (see, Singh v. Becher, 249 A.D.2d 154 ; Newman v. Physicians' Reciprocal Insurers, 204 A.D.2d 210 ; Pittman v. Maher, 202 A.D.2d 172, 174 ;Korman v. City of New York, 89 A.D.2d 888 ; Matter of D.M.C. Constr. Corp. v. Nash Steel Corp., 70 A.D.2d 635, 637 ). Contrary to the defendant's contention, this issue may be raised for the first time on appeal because it is one of law which appears on the face of the record and could not have been avoided if it had been raised at the proper juncture (see, Block v. Magee, 146 A.D.2d 730 ).
Furthermore, the Supreme Court improvidently exercised its discretion in granting the defendant a change of venue pursuant toCPLR 510(3). The defendant failed to show that the convenience of nonparty witnesses would be served by the change (see, Cumberbatch v. Gatehouse Motel and Restaurant, 265 A.D.2d 370; [2d Dept., Oct. 12, 1999]; Roberto v. M.C. E.D. Beck, 254 A.D.2d 404 ; O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169, 172-173 ; Lundgren v. Lovejoy, Wasson, Lundgren Ashton, 82 A.D.2d 912 ).