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NICHOLAS E. PURPURA and THEODORE T. MORAN, Petitioner-Appellants, vs. BARACK OBAMA, Respondent-Appellee SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Appeal Docket No.: A-4478-11T3 CIVIL ACTION RECENED On Appeal from a Final \PPELLATE e Decision of the New Jersey WN 18 20 Secretary of State R suPERIO! SUE NeW SAT BELOW: Hon. JEF S. MASIN, ALJ o/b/o NJ. SECRETARY OF STATE PETITIONER-APPELLANTS’ BRIEF AND APPENDIX MARIO APUZZO, ESQ. On the Brief Mario Apuzzo, Esq. 185 Gatzmer Avenue Jamesburg, New Jersey 08831 (732) 521-1900 Attorney for Petitioner- Appellants TABLE OF CONTENTS PAGE TABLE OF CITATIONS . eeeeeee iii PROCEDURAL HISTORY ...-..+++-++++ = STATEMENT OF FACTS. SUMMARY OF ARGUMENT ......--..5++ LEGAL ARGUMENT. . I. THE ADMINISTRATIVE LAW JUDGE (ALJ) AND SECRETARY OF STATE (SOS) ERRED IN FINDING THAT OBAMA, BECAUSE HE DOES NOT HAVE TO CONSENT TO HIS NOMINATING PETITION, DOES NOT HAVE ANY CONSTITUTIONAL AND STATUTORY OBLIGATION TO PROVIDE ANY EVIDENCE TO THE NEW JERSEY SECRETARY OF STATE PROVING WHO HE IS, WHERE HE WAS BORN, AND THAT HE IS CONSTITUTIONALLY ELIGIBLE TO OCCUPY THE OFFICE OF PRESIDENT IN ORDER TO BE PLACED ON THE NEW JERSEY PRIMARY ELECTION BALLOT 10 Il THE ALJ AND SOS ERRED IN FINDING THAT OBAMA WAS BORN IN HAWAII AND THEREFORE AS A MATTER OF LAW HE IS AN ARTICLE II “NATURAL BORN CITIZEN” CONCLUSION 60 1T = Transcript of April 10, 2012 trial APPENDIX Objection to Petition of Nomination la Initial Decision of ALJ Ba Final Decision of the N.J. Secretary of State 52a Notice of Appeal 54a Order on Emergent Application 56a Letter dated July 29, 2010, from Rolbin to Strunk with Attachment 58a Computer printout—“Daylife” Ta Pages of Obama’s High School Yearbook—“Oahuan 1979” 73a Selective Service System Registration (not in evidence) 8la article, “The Vetting-Exclusive-Obama’s Literary Agent in 1991 Booklet: “Born in Kenya and Raised in Indonesia and Hawaii” (not in evidence or part of record) 82a