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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.

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, 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 A.D.2d 223, 708 N.Y.S.2d 74 [2000];Herrera v. St. Luke's/Roosevelt Hosp. Ctr., 224 A.D.2d 323, 637 N.Y.S.2d 731 [1996] ), and, in any event, was properly denied.

MAZZARELLI, J.P., CATTERSON, MOSKOWITZ, RICHTER, MANZANET–DANIELS, JJ., concur.
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Romero v. St. Anthony Cmty. Hosp.
(Jun 14, 2012)