Opinion
July 3, 1989
Appeal from the Supreme Court, Dutchess County (Donovan, J.).
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner concedes that service by ordinary mail of the petition and the amended petition was insufficient to confer personal jurisdiction over the respondents (see, Matter of Dello v Selsky, 135 A.D.2d 994; Matter of Brown v Scully, 135 A.D.2d 713; Matter of Scott v Coughlin, 111 A.D.2d 480). His contention that this jurisdictional defect should be excused on the ground of ineffective assistance of counsel is without merit (see, Matter of Allen v Board of Regents, 140 A.D.2d 824; Matter of Sasson v Commissioner of Educ., 127 A.D.2d 875; Walston v Axelrod, 103 A.D.2d 769). Since jurisdiction was never acquired over the respondents, the petitioner is precluded from obtaining judicial review of the merits of his claim. Mangano, J.P., Brown, Lawrence and Eiber, JJ., concur.