Romero v St. Anthony Community Hosp.

Romero v St. Anthony Community Hosp. 2012 NY Slip Op 04823 Decided on June 14, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 14, 2012
Mazzarelli, J.P., Catterson, Moskowitz, Richter, Manzanet-Daniels, JJ.
7649N 304324/08

[*1]Ana Delia Romero, as Administrator of the Estate of Ana M. Figuereo, deceased, etc., Plaintiff-Respondent,

v

St. Anthony Community Hospital, et al., Defendants, Stanislaw Landau, M.D., et al., Defendants-Appellants.




Martin Clearwater & Bell LLP, New York (Stewart G. Milch
of counsel), for appellants.
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" (id.) 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.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 14, 2012

CLERK