Amato v. Chafel

— Order unanimously affirmed, without costs. Memorandum: In this medical malpractice action plaintiff appeals the denial of her application to vacate the panel’s decision because the attorney member thereof lacked the "trial experience” required by Judiciary Law § 148-a (2) (b). Special Term denied plaintiff’s motion to vacate, but granted plaintiff leave to appeal from its order (CPLR 5701 [c]; Shaw v Kyong, 96 AD2d 1124).

We find plaintiff’s application to be untimely (see, Judiciary Law § 148-a [2] [d]). It is undisputed that plaintiff did not object to the attorney’s qualifications to sit…