Opinion
November 28, 1994
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the order is affirmed, with costs.
The process server's affidavit, which indicated that the appellant was served in accordance with CPLR 308 (2), constituted prima facie evidence of proper service and the appellant's conclusory denial of receipt of the summons and complaint was insufficient to raise any issue of fact (see, Genway Corp. v Elgut, 177 A.D.2d 467; Colon v. Beekman Downtown Hosp., 111 A.D.2d 841).
Since the appellant failed to specifically refute the contents of the affidavit of service or to substantiate his conclusory allegation, the Supreme Court properly denied his motion without conducting a hearing on the issue of service (see, Genway Corp. v. Elgut, supra; Colon v. Beekman Downtown Hosp., supra).
Matters outside the record improperly raised by the appellant were not considered on this appeal. Sullivan, J.P., Balletta, Joy and Altman, JJ., concur.