Nicit v. Nicit

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied respondent’s *988motion for summary judgment dismissing the petition. The record supports the court’s determination that petitioner had acquired a bona fide domicile in Alabama at the time the divorce action in that State was commenced (see, Wilke v Wilke, 73 AD2d 915; cf., Manasseri v Manasseri, 121 AD2d 697). The evidence submitted by respondent is insufficient to support his allegation of lack of domicile (see, 48 NY Jur 2d, Domestic Relations, § 1474, at 415). The instant proceeding is not barred by res judicata…