Opinion
October 27, 1997
Appeal from Supreme Court, Westchester County (Donovan, J.).
Ordered that the resettled order is affirmed, with costs.
The testimony at the hearing to determine the validity of service of process supports the Supreme Court's determination that service was properly accomplished pursuant to CPLR 308 (2). The defect in the original affidavit of service was a mere technicality and not a jurisdictional defect ( see Best v. City of New York, 101 A.D.2d 847; Mariano v. Steinberg, 87 A.D.2d 623).
Although there is no evidence to contradict the appellant's claim that he did not personally receive notice of the summons in time to defend, he failed to offer a meritorious defense to the plaintiff's foreclosure action. The appellant's application to open the judgment entered upon his default was therefore properly denied ( see CPLR 317; Halali v. Gabbay, 223 A.D.2d 632).
We have considered the appellant's remaining contention, and find it without merit.
Bracken, J.P., Rosenblatt, Copertino and Luciano, JJ., concur.