Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was to vacate the order dated September 21, 2004, on the ground of improper service of process, and the matter is remitted to the Supreme Court, Queens County, for a hearing on the issue of whether proper service was effected and, thereafter, for a new determination of that branch of the defendant's motion; as so modified, the order is affirmed...
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