Appellate Division: Second Judicial Department

M91873

J/cb

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

On the court's own motion, it is

ORDERED that its decision and order on motion dated September 10, 2009, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Separate motions by (1) Pav-Co Asphalt, Inc., and William Fehr, (2) Northeast Land Development Corporation, and (3) 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 entered May 30, 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. 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 the papers filed in opposition and in relation thereto, it is

ORDERED that the motions are denied.

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

ENTER:

James Edward Pelzer

Clerk of the Court