Opinion
March 14, 1995
Appeal from the Family Court, New York County (Leah Marks, J.).
Respondent's objections were properly denied as untimely (Family Ct Act § 439 [e]), and are not properly before the Court for appellate review (Matter of Werner v. Werner, 130 A.D.2d 754). Were we to review the matter, we would affirm upon the ground that respondent's acts in abandoning the parties' New York domicile for the purpose of relocating to California, the forum State, the use of marital assets to purchase real property in California, along with other acts taken by respondent in furtherance of the anticipated relocation, such as obtaining a California driver's license, were sufficient to support a finding that respondent "purposefully avail[ed] [him]self of the privilege of conducting activities within the forum State" (Hanson v. Denckla, 357 U.S. 235, 253; Cal Civ Proc Code § 410.10). The issue of service, having been waived before the Hearing Examiner, is not preserved for appellate review.
Concur — Murphy, P.J., Sullivan, Kupferman, Asch and Mazzarelli, JJ.