PRESENT: SMITH, J.P., FAHEY, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

DOCKET NO. CA 10-02022

DAVID SMALLEY AND JUDITH SMALLEY, PLAINTIFFS-RESPONDENTS, V HARLEY DAVIDSON MOTOR COMPANY, INC., AND STAN'S HARLEY DAVIDSON, INC., DEFENDANTS-APPELLANTS.

Appellants having moved to supplement the record on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 29, 2010, and respondents having cross-moved for an order striking portions of respondents' brief and appellants' reply brief, and for other relief,

Now, upon reading and filing the affirmations of Jerauld E. Brydes, Esq. dated December 20, 2010, and December 30, 2010, the affirmation of Anthony J. LaDuca, Esq. dated December 28, 2010, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellants' motion is denied, and

It is further ORDERED that respondents' cross motion insofar as it seeks to strike certain passages in respondents' brief and appellants' reply brief is granted to the extent that the following passages are stricken: (a) the portion of the last sentence in the first full paragraph on page 11 of respondents' brief that reads "to date they have made no such request," (b) the third full sentence on page 23 of respondents' brief, which states, "No additional discovery has ever been requested," (c) lines 8 to 12 on page three of appellants' reply brief, beginning with "Plaintiffs twice falsely state" and ending with "exactly what it is," and (d) the last paragraph on page 10 of appellants' reply brief, beginning on line 12 with "Plaintiffs also assert incorrect facts" and continuing to the end of page 10.

Entered: January 26, 2011

Patricia L. Morgan, Clerk