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Ana Delia Romero, Individually and as Administrator of the Estate of Ana M. Figuereo, Deceased, Respondent, v. St. Anthony Community Hospital et al., Defendants, and Stanislaw Landau, M.D., et al., Appellants

New York Supreme Court, Appellate Division2012-06-14
96 A.D.3d 532946 N.Y.S.2d 467

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Opinion

majority opinion

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” (CPLR 511 [a]) 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. Concur — Mazzarelli, J.P., Catterson, Moskowitz, Richter and Manzanet-Daniels, JJ.