Opinion
April 22, 1996
Appeal from the Supreme Court, Suffolk County (Cohalan, J.).
Ordered that the matter is remitted to the Supreme Court, Suffolk County, to hear and determine whether the appellant was properly served with the summons and the appeals are held in abeyance in the interim. The Supreme Court, Suffolk County, is to file its report with all convenient speed.
The affidavit by the defendant Katherine Nicholas denying that she had been personally served with process under CPLR 308 (1) sufficiently controverted the process server's affidavit so as to require a hearing on the issue of jurisdiction ( see, Skyline Agency v. Ambrose Cappotelli, Inc., 117 A.D.2d 135). Balletta, J.P., Thompson, Santucci and Florio, JJ., concur.