In Gomez v. Gomez (86 AD2d 594 [2d Dept], affd 56 NY2d 746 [1982]) without challenging jurisdiction, a mother affirmatively participated in a proceeding brought by a father in New York Supreme Court to modify a Florida decree and which resulted in the entry of temporary orders of custody in favor of the father. Approximately seven months after the issuance of those orders the mother moved to have them vacated, alleging that subject matter jurisdiction over the proceeding had been lacking when it was commenced. The Appellate Division agreed that no subject matter existed when the case had been started, and that the mother had not waived that infirmity by participating in the proceeding without protest. (Supra, at 595 ["Although the mother did not contest in personam jurisdiction and waived her objection by interposing a cross application ... subject matter is not waiveable"].)