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Ana Delia Romero, As Administrator of the Estate of Ana M. Figuereo, Deceased, Etc v. St. Anthony Community Hospital

New York Supreme and/or Appellate Courts Appellate Division, First Department


June 14, 2012

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.

Romero v St. Anthony Community Hosp.

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.

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

20120614

© 1992-2012 VersusLaw Inc.



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