Ordered that on the court's own motion the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Order that the order is reversed, on the law, with costs, the motion to dismiss is granted, and the proceeding is dismissed on the merits.
The petitioner purportedly commenced this proceeding against the appellant James F. Kralik, a natural person, pursuant to CPLR 308 (3). However, since the appellant never designated the person who accepted service as an agent to accept service in accordance with CPLR 318, service was ineffective (see, Matter of Gottesman, 127 A.D.2d 563; Espy v. Giorlando, 85 A.D.2d 652, affd 56 N.Y.2d 640). Since no other method of service was attempted, the court never acquired personal jurisdiction over the appellant and the proceeding should have been dismissed. Bracken, J.P., O'Brien, Ritter, Friedmann and Goldstein, JJ., concur.