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Matter of Sharon B. 72 NY2d 394 and People ex. rel., 161 NY 233

From Kenneth Ellman,

Extract from Kenneth Ellman case commentary, Copyright Kenneth Ellman, 2012, All Rights Reserved.

The case of Sharon B. 72 NY 2d 394 is significant in that it confirms the authority of the State to create statutory devices to carry forth governmental functions other than through the classic civil service system and discusses:

1. That the State can create Special Governmental Function Corporations to have broad Police, Prosecutorial and law enforcement powers to enforce both Civil and Criminal Law and in particular to protect child victims;

2. It confirms the original Court of Appeals determination as discussed in “People ex. rel. State Board” 161 NY 233, again confirming the broad authority of the State Government to create Independent Corporations as a Police Agency of the State to enforce both the Criminal Laws and Special Civil Proceedings;

3. Discussing in detail the need and extraordinary contribution of these Special Prosecutorial and Police Corporation in executing public policy and protecting children;

4. Showing a clear and well established pathway to provide an alternative to the “social service” paradigm which many believe is a total and complete failure as a pretended Child Protective System;

5. Affirms the authority of the State to have specially trained Prosecutors who are not admitted to the bar and can conduct judicial proceedings and trials on behalf of the State;

6. As an example of the difference between a careful judicial examination of the facts of a contentious issue as is done in the Court of Appeals decisions and the political pronouncements seeking to prevent such protections for child victims that surrounded both the Sharon B and State Board cases.

The Briefs and Record for both the aforementioned Sharon B. and State Board cases when read with the Court Opinions is a significant body of scholarly documentation both of the flexibility of State government legislative power and the execution of such authority to protect child victims.

As an example of the Appellate work of the Westchester County S.P.C.C. in connection with significant Constitutional and Public Policy issues see the posted document “In the Matter of Diane P.” 110 AD2d 354.

The State Board case will also be posted here. The extensive records of these cases will be available by separate access.

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Any interested parties should feel free to contact Kenneth Ellman at PO Box 18, Newton, NJ 07860. Phone: 9738968284 and 9739486961.

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