Opinion
May 9, 1994
Appeal from the Family Court, Nassau County (DeMaro, J.).
Ordered that the appeal is dismissed; and it is further,
Ordered that the cross-appeal from the order entered April 10, 1991, is dismissed, since that order was superseded by the order dated June 5, 1991, made upon reargument; and it is further,
Ordered that the order dated June 5, 1991, is affirmed insofar as reviewed; and it is further,
Ordered that the petitioner is awarded one bill of costs.
Initially, we note that the father waived his right to appellate review of his objections to the Hearing Examiner's order by failing to timely file those objections. Thus, he failed to timely exhaust the Family Court procedure for review of those objections (see, Family Ct Act § 439 [e]; Matter of Werner v Werner, 130 A.D.2d 754), and his appeal is hereby dismissed.
With respect to the mother's cross-appeal, we note that the Family Court was not provided with the minutes of the hearing that was conducted before the Hearing Examiner. Thus, the Family Court's review of the Hearing Examiner's order was limited in scope. To the extent that the review was conducted, however, we agree with the Family Court's denial of the mother's objections. Bracken, J.P., Lawrence, Ritter and Pizzuto, JJ., concur.