Rios v Mitev

Rios v Mitev 2013 NY Slip Op 08608 Decided on December 26, 2013 Appellate Division, Second 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 December 26, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX, JJ.
2013-01994
(Index No. 31259/10)

[*1]Luis A. Rios, respondent,

v

Stanislav I. Mitev, et al., appellants.




James G. Bilello (Montfort, Healy, McGuire & Salley, Garden
City, N.Y. [Arthur R. Simuro and Donald S. Neumann, Jr.], of
counsel), for appellants.
Michelstein & Associates, PLLC, New York, N.Y. (Mark D.
Plush of counsel), for respondent.


DECISION & ORDER

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Lewis, J.), dated November 9, 2012, as denied their motion to transfer venue of the action from Kings County to Richmond County pursuant to CPLR 510 and 511.

ORDERED that the order is affirmed insofar as appealed from, with costs.

The Supreme Court did not improvidently exercise its discretion in denying the defendants' untimely motion to transfer venue of the action from Kings County to Richmond County pursuant to CPLR 510 and 511 (see Joyner-Pack v Sykes, 30 AD3d 469, 469).
MASTRO, J.P., BALKIN, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court