Summary
finding that it was not in the child's best interests to be educated only in an Orthodox Jewish yeshiva given that the longer school day at the yeshiva compared to a public school aggravated the child's Tourette's Syndrome
Summary of this case from Jordan v. ReaOpinion
May 15, 2001.
Order, Supreme Court, New York County (Joan Lobis, J.), entered on or about May 3, 2000, which, after a hearing, denied plaintiff's motion to enforce that part of his stipulation of settlement with defendant, incorporated but not merged into their judgment of divorce, as provides for the education of their child through high school only in an Orthodox Jewish yeshiva, unanimously affirmed, without costs.
Shmuel Agami, for plaintiff-appellant.
Samuel Racer, for defendant-respondent.
Before: Nardelli, J.P., Williams, Ellerin, Lerner, Saxe, JJ.
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.