Romero v. St. Anthony Cmty. Hosp.

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.