ORDERED, that this second motion by Plaintiff for a default judgment against Defendant CONTROLLED WIRING, INC. pursuant to C.P.L.R. §3215 is denied with leave to renew upon proper submissions.

By Order (PINES, J.) dated February 3, 2006, Plaintiff's prior application for a default judgment was denied with leave to renew upon proof of proper service upon Defendant CONTROLLED WIRING, INC. The Affidavit of Service submitted on that motion provided that the "son" of the Defendant was served; such was insufficient to demonstrate proper service upon a corporation.

Plaintiff has now essentially renewed his motion for a default judgment. However, it is still unclear from the submissions whether Plaintiff properly served Defendant CONTROLLED WIRING, INC., with the Supplemental Summons and Verified Complaint pursuant to C.P.L.R. §311. The Affidavit of Service annexed to the moving papers merely indicates that one "Deirdre Hutton" who identified herself as an "employee" of the corporation, was served. Such service is insufficient to comply with the mandates of CPLR §311, which requires that personal service upon a corporation be made by delivery to "an officer, director, managing or general agent, or cashier or assistant cashier or to any other agent authorized by appointment or by law to receive service." The identification of "an employee" does not establish proper service and thus Plaintiff is not entitled to entry of a default judgment.

The motion is denied with leave to renew upon submission of an Affidavit of Service demonstrating compliance with the C.P.L.R.

Dated: July 19, 2006

Riverhead, New York

______________________________

Hon. Emily Pines

J. S. C.