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PINIERO v. DIV. OF STATE POLICE

DOCKET NO. A-2507-07T3.

961 A.2d 1 (2008)

404 N.J. Super. 194

Fernando PINIERO, Paul Dehope, Joseph Soulias, John Morales, Thomas Primo and Dennis Vecchiarelli, Plaintiffs-Respondents, v. NEW JERSEY DIVISION OF STATE POLICE, Carson Dunbar, Carl Leisinger, Howard Butt, Vincent Modarelli, William Newsome, Edgar Hess, Kenneth Hess, Frederick Madden, Robert Dunlop, William Meddis, Kim Husband, Barry Bowers, Robert Kilmurray, Louis Toranto, Donald Izzi, Michael Fortino, John Gore, Debra Stone, Anthony Cowell, Gail Mazuco, Defendants-Appellants. Joseph Santiago, Intervenor-Appellant. Martin Temple, Marco G. Peralta, and Thomas Suscewicz, Plaintiffs-Respondents, v. Peter C. Harvey, Attorney General of The State of New Jersey, The State of New Jersey, Joseph "Rick" Fuentes, Rose Anne Manghisi, Defendants-Appellants. Joseph J. Santiago, Intervenor-Appellant. David Kushnir, Thomas Primo, and Dennis Vecchiarelli, Plaintiffs-Respondents, v. New Jersey Department of Law and Public Safety, Office of the Attorney General, New Jersey Department of Law and Public Safety, Division of Criminal Justice, New Jersey Department of Law and Public Safety, Division of State Police Defendants-Appellants. Joseph Santiago, Intervenor-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 12, 2008.

Attorney(s) appearing for the Case

Paulette Brown, Madison, argued the cause for appellants (Edwards Angell Palmer & Dodge, attorneys; Ms. Brown, on the brief).

Irving L. Hurwitz, Morristown, argued the cause for intervenor-appellant Joseph Santiago (McElroy, Deutsch, Mulvaney & Carpenter, attorneys; Mr. Hurwitz, of counsel and on the brief).

John H. Rittley, Flemington, argued the cause for respondents Martin Temple, Marco G. Peralta and Thomas Suscewicz (Law Offices of John H. Rittley, attorneys; Mr. Rittley, on the brief).

Joseph R. Donahue, Elizabeth, argued the cause for respondents David Kushnir, Thomas Primo and Dennis Vecchiarelli (Brickfield & Donahue, attorneys; Mr. Donahue, on the brief).

William H. Buckman Law Firm, attorneys for respondents Fernando Piniero, Paul DeHope, Joseph Soulias and John Morales (Mr. Buckman, on the brief).

Before Judges WINKELSTEIN, FUENTES and CHAMBERS.

The opinion of the court was delivered by

WINKELSTEIN, P.J.A.D.

This appeal requires us to determine whether the contents of a four-way investigation report of a prospective gubernatorial appointee prepared at the Governor's request is subject to discovery by plaintiffs, New Jersey State troopers, who allege that they were retaliated against because of their involvement in preparing and compiling information for the report.

In 2002, Governor James...

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