Opinion
November 24, 1997
Appeal from the Supreme Court, Queens County (Durante, J.).
Ordered that the appeal by the defendants Joel Greenspan, M.D., and David Brieff, M.D., is dismissed for failure to perfect the same in accordance with the rules of this Court ( see, 22 NYCRR 670.8 [c], [e]); and is further,
Ordered that the order is affirmed insofar as appealed from by the defendant North Shore University Hospital-Glen Cove; and it is further,
Ordered that the plaintiff is awarded one bill of costs, payable by the defendant North Shore University Hospital-Glen Cove.
The appellant North Shore University Hospital-Glen Cove (hereinafter North Shore) has failed to disprove the plaintiff's sworn statement that he resided in Queens County at the time he commenced this action.
Furthermore, North Shore has failed to establish that the venue of this action should be changed to Nassau County based on the convenience of material witnesses ( see, O'Brien v. Vassar Bros. Hosp., 207 A.D.2d 169; CPLR 510).
Bracken, J. P., Pizzuto, Altman, Krausman and Lerner, JJ., concur.