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MTR. OF KOTKIN v. KERNER

29 A.D.2d 367 (1968)

In the Matter of Jean Kotkin, as Mother on Behalf of Jon F. Kerner, Respondent, v. Frederick Kerner, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 21, 1968.

Attorney(s) appearing for the Case

S. Leonard Wall of counsel (Conner & Chopnick, attorneys), for appellant.

Charles Feit for respondent.

BOTEIN, P. J., and EAGER, J., concur with CAPOZZOLI, J.; McNALLY, J., dissents in opinion in which STEVENS, J., concurs.

CAPOZZOLI, J.

The record indicates that the son of the parties was in his junior year at a private high school at the time of the hearing in the Family Court. He is now almost 18 years of age and in his senior year at that school. He received honors during his junior year by being admitted to the "physics — science" class. Out of a class of 124 students he was selected as one of 20 whose mathematics grades...

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