
    Hamlet at Willow Creek Development Co., LLC, et al., Respondents, v Northeast Land Development Corporation et al., Respondents, and Pav-Co Asphalt, Inc., et al., Appellants, et al., Defendant. Hamlet at Willow Creek Development Co., LLC, et al., Respondents, v Northeast Land Development Corporation et al., Respondents, and Fidelity and Deposit Company of Maryland, Appellant, et al., Defendant.
    Submitted November 9, 2009;
    decided December 17, 2009
    Reported below, 64 AD3d 85.
   Motion by Surety & Fidelity Association of America, insofar as it seeks leave to file a brief amicus curiae on the motion for leave to appeal herein by Fidelity and Deposit Company of Maryland, granted and the brief is accepted as filed; motion, insofar as it seeks leave to file a brief amicus curiae on the appeal herein, dismissed as academic.  