SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. AM T3

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1 WILLIAM C. BROWN ACTING ATTORNEY GENERAL OF NEW JERSEY R.J. Hughes Justice Complex 25 Market Street P.O. Box 085 Trenton, New Jersey Attorney for Defendants-Movants State of New Jersey Department of Law and Public Safety, Division of Criminal Justice, and the State of New Jersey By: Lisa Sarnoff Gochman ( SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. AM T3 TED M. ROSENBERG, Civil Action Plaintiff-Respondent, v. NOTICE OF MOTION TO SUPPLEMENT THE APPELLATE RECORD STATE OF NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE, AND STATE OF NEW JERSEY, Defendants-Movants. To: Ted M. Rosenberg, pro se 321 New Albany Road Morris Pinsky, Esq. 318 Haddon Avenue Moorestown, NJ Westmont, NJ Thomas J. Cafferty, Esq. Justin Loughry, Esq. McGimpsey & Cafferty Loughry and Lindsay 285 Davidson Ave., Suite East Main Street Somerset, NJ Moorestown, NJ Keith J. Miller, Esq. Robinson & Livelli Two Penn Plaza East Newark, NJ Jeffrey Zucker, Esq. Sufrin, Zucker, Steinberg & Wixted Suite 503 Parkade Building 519 Federal Street William M. Tambussi, Esq. Camden, NJ Brown & Connery LLP 360 Haddon Ave. Mark W. Catanzaro, Esq. P.O. Box South Lenola Road Westmont, NJ Moorestown, NJ 08057

2 PLEASE TAKE NOTICE that the undersigned, William C. Brown, Acting Attorney General of New Jersey, by Lisa Sarnoff Gochman,, on behalf of defendants State of New Jersey Department of Law and Public Safety, Division of Criminal Justice, and the State of New Jersey, hereby moves pursuant to Rule 2:5-5 for leave to supplement the appellate record for the above-captioned matter. In support of this motion, reliance will be placed upon the affidavit and letter brief attached hereto. Dated: April 14, 2005 WILLIAM C. BROWN ACTING ATTORNEY GENERAL OF NEW JERSEY ATTORNEY FOR DEFENDANTS-MOVANTS By: Lisa Sarnoff Gochman

3 WILLIAM C. BROWN ACTING ATTORNEY GENERAL OF NEW JERSEY R.J. Hughes Justice Complex 25 Market Street P.O. Box 085 Trenton, New Jersey Attorney for Defendants-Respondents State of New Jersey Department of Law and Public Safety, Division of Criminal Justice, and the State of New Jersey By: Lisa Sarnoff Gochman ( SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. AM T3 TED M. ROSENBERG, Civil Action Plaintiff-Respondent, v. CERTIFICATION OF LISA SARNOFF GOCHMAN STATE OF NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF CRIMINAL JUSTICE, AND STATE OF NEW JERSEY, Defendants-Movants. says: LISA SARNOFF GOCHMAN, of full age, upon oath certifies and 1. I am a of the State of New Jersey with the Policy and Legislation Bureau of the Division of Criminal Justice (DCJ. 2. I am the attorney of record representing defendants (hereinafter the State in the above-captioned matter. 3. On January 12, 2005, plaintiff Ted M. Rosenberg, pro se, filed a Verified Complaint in Lieu of Prerogative Writ in the Superior Court of New Jersey, Law Division, Burlington County, to

4 compel the State to produce 330 hours of consensual tape recordings made by John Gural at the direction of DCJ between December 2000 and February (Ma By amended order filed March 7, 2005, the Honorable John A. Sweeney, Jr., A.J.S.C., directed the State to turn over all 330 hours of consensual tape recordings to plaintiff by 4:00 p.m. on March 21, By order filed March 10, 2005, Judge Sweeney granted the motion of Philadelphia Newspapers, Inc., and the Courier-Post for leave to intervene. (Ma By papers dated March 16, 2005, George E. Norcross, III, Mark Neisser, Henry Chudzinski, Louis Gallagher, II, and JCA Associates, Inc., filed a joint motion for leave to intervene for the sole purpose of also receiving any and all tape recordings and transcripts ordered produced to Mr. Rosenberg. (Ma By motion papers dated March 18, 2005, the State moved for reconsideration of Judge Sweeney s final order. Argument was heard before Judge Sweeney on March 29, On that date, the judge granted Norcross motion for intervention, denied the State s motion for reconsideration and ordered the State to release all 330 hours of tapes to Rosenberg and interveners by 4:00 p.m. on March 31, (Ma An order memorializing these findings was entered by Judge Sweeney on 1 Ma refers to the appendix to the State s brief in support its motion for leave to appeal from Judge Sweeney s interlocutory order, filed with this Court simultaneously with this motion to supplement the appellate record.

5 March 31, (Ma By order filed March 18, 2005, Judge Sweeney granted the motion of the Newark Morning Ledger Company, publisher of the Star-Ledger for leave to intervene. (Ma The State has complied in part with Judge Sweeney s March 31, 2005, order by releasing to the parties on March 31, 2005, copies of an audio taped conversation between Gural and intervener Norcross. Additional audio taped conversations between Gural and Norcross and Gural and Rosenberg were released to the parties on April 14, The State seeks to supplement the appellate record with a certification of John R. Hagerty, Director of Communications for the Division of Criminal Justice in the Department of Law and Public Safety in the State of New Jersey, dated April 14, 2005 (Ma , to reflect the release by the State of consensual intercepts in which Norcross or Rosenberg were participants. 11. The State also seeks to supplement the appellate record with the statement released to the press on March 28, 2005, by Norcross attorney, William Tambussi, Esq. Enlarging the appellate record with this press release is necessary to support the State s arguments for release of consensual audio tape recordings in which intervener Norcross was a participant, as set forth in its brief in support of motion for leave to appeal. 12. Therefore, pursuant to R. 2:5-5, the State is moving to supplement the appellate record to include the materials described above and attached to the State s brief in support of motion for leave to appeal.

6 I certify that the foregoing statements made by me are true to the best of my knowledge. I am aware that if any of the foregoing statements made by me are wilfully false, I am subject to punishment. Lisa Sarnoff Gochman Sworn to and subscribed before me on this 14th day of April, E. Robbie Miller An Attorney-At-Law of New Jersey

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