MEAGHER v. ARA SERVICE

Ordered that the judgment is affirmed, with costs.

It is the plaintiff who bears the ultimate burden of proving by a preponderance of the evidence that jurisdiction over a defendant was obtained ( see, Wern v. D'Alessandro, 219 A.D.2d 646). The record amply supports the hearing court's determination that the plaintiff did not sustain his burden in this case.

O'Brien, J.P., Sullivan, Goldstein and Luciano, JJ., concur.