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MANHATTAN SAVINGS BANK, Formerly Known as WIL LIAMSBURGH SAVINGS BANK, Respondent, v. LEE KOHEN, Appellant, et al., Defendants.

Ordered that the appeal from the order dated August 9, 1994, is dismissed, as that order was superseded by the order dated September 20, 1994, made upon reargument; and it is further,

Ordered that the order dated September 20, 1994, is affirmed insofar as appealed from and the orders dated November 14, 1994, and May 25, 1995, are affirmed; and it is further,

Ordered that the appeal from the order dated January 5, 1995, is deemed an application pursuant to CPLR 5704 to vacate an ex parte order; and it is further,

Ordered that the application pursuant to CPLR 5704 is denied; and it is further,

Ordered that the plaintiff is awarded one bill of costs.

The process server's affidavit, which indicated that the appellant was served with process pursuant to CPLR 308 (4), constituted prima facie evidence of proper service, and the appellant's conclusory denial of service was insufficient to dispute the veracity or content of the affidavit ( see, Sando Realty Corp. v Aris, 209 AD2d 682; Genway Corp. v Elgut, 177 AD2d 467; Colon v Beekman Downtown Hosp., 111 AD2d 841). The appellant's motion to vacate the judgment of foreclosure and sale based on lack of personal jurisdiction ( see, CPLR 5015 [a] [4]) was therefore properly denied without a hearing ( see, Sando Realty Corp. v Aris, supra; Genway Corp. v Elgut, supra; Colon v Beekman Downtown Hosp., supra).

The appellant's remaining contentions are without merit.

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MANHATTAN SAVINGS BANK v. KOHEN
(Sep 9, 1996)