Romero v St. Anthony Community Hosp. |
2012 NY Slip Op 04823 [96 AD3d 532] |
June 14, 2012 |
Appellate Division, First Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
Ana Delia Romero, Individually and as Administrator of the Estate
of Ana M. Figuereo, Deceased, Respondent, v St. Anthony Community Hospital et al., Defendants, and Stanislaw Landau, M.D., et al., Appellants. |
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Queller, Fisher, Washor, Fuchs & Kool, LLP, New York (Ephrem J. Wertenteil of counsel), for respondent.
Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered March 30, 2011, which denied defendants' motion, pursuant to CPLR 510 (3), for a change of venue from Bronx County to Orange County, unanimously affirmed, without costs.
A motion pursuant to CPLR 510 (3) should be made "within a reasonable time after commencement of the action" (CPLR 511 [a]) Defendants' motion, made more than two years after the commencement of the action, was untimely (see Mena v Four Wheels Co., 272 AD2d 223 [2000]; Herrera v St. Luke's/Roosevelt Hosp. Ctr., 224 AD2d 323 [1996]), and, in any event, was properly denied. Concur—Mazzarelli, J.P., Catterson, Moskowitz, Richter and Manzanet-Daniels, JJ.