Appellate Division: Second Judicial Department

M91747

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WILLIAM F. MASTRO, J.P.

ROBERT A. SPOLZINO

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2006-05693, 2006-05694, 2007-04626 Hamlet at Willow Creek Development Co., LLC, et al., respondents-appellants, v Northeast Land Development Corporation, et al., respondents, Pav-Co Asphalt, Inc., et al., appellants-respondents, et al., defendants. (Appeals No. 1 and 2) Hamlet at Willow Creek Development Co., LLC, et al., plaintiffs-appellants-respondents, v Northeast Land Development Corporation, et al., defendants-appellants-respondents, Fidelity & Deposit Co. of Maryland, respondent-appellant, et al., defendant. (Appeal No. 3) (Index No. 7536/05)

DECISION & ORDER ON MOTION

Motion by Hamlet at Willow Creek Development Co., LLC, Mt Sinai Associates, LLC, and Holiday Organization, Inc., and separate cross motions by Northeast Land Development Corporation, and Fidelity & Deposit Co. of Maryland for leave to reargue appeals and cross appeals from two orders of the Supreme Court, Nassau County, dated May 5, 2006, and May 10, 2007, respectively, and a judgment of the same court dated May 19, 2006, which were determined by opinion and order of this court dated April 21, 2009, or, in the alternative, for leave to appeal to the Court of Appeals from the opinion and order of this court. Separate motion by the Surety & Fidelity Association of America for leave to file a memoranda of law as amicus curiae in support of the motion made by Fidelity & Deposit Co. of Maryland.

Upon the papers filed in support of the motions and cross motions, and the papers filed in opposition and in relation thereto, it is

ORDERED that the motions and cross motions are denied.

MASTRO, J.P., SPOLZINO, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court