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.,
ST. ANTHONY COMMUNITY HOSPITAL, ET AL.,
STANISLAW LANDAU, M.D., ET AL.,
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 ; Herrera v St. Luke's/Roosevelt Hosp. Ctr., 224 AD2d 323 ), 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
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