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DAVID KARETNY, PLAINTIFF-APPELLANT, v. MARTHA KARETNY, DEFENDANT-RESPONDENT.

The record supports findings that the child has Tourette's Syndrome, a neurological disorder aggravated by stress, that the child's symptoms diminished considerably once defendant took her out of the yeshiva she had been attending for three years and enrolled her in public school, that the longer school day at yeshiva is a source of stress for the child, and that adherence to the stipulation is therefore not in the child's best interests (see, Gruber v. Gruber, 87 A.D.2d 246, 250).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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KARETNY v. KARETNY
(May 15, 2001)