Romero v St. Anthony Community Hosp.

2012 NY Slip Op 04823 [96 AD3d 532]

June 14, 2012

Appellate Division, First Department

As corrected through Wednesday, August 1, 2012

Ana Delia Romero, Individually and as Administrator of the Estateof 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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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, whichdenied defendants' motion, pursuant to CPLR 510 (3), for a change of venue from Bronx Countyto Orange County, unanimously affirmed, without costs.

A motion pursuant to CPLR 510 (3) should be made "within a reasonable time aftercommencement of the action" (CPLR 511 [a]) Defendants' motion, made more than two yearsafter the commencement of the action, was untimely (see Mena v Four Wheels Co., 272AD2d 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.