
    Dale R. Brodeur, Sr., Appellant, et al., Plaintiffs, v James Hayes et al., Respondents.
    Submitted September 19, 2005;
    decided November 21, 2005
   Motion, insofar as it seeks leave to appeal from so much of the Appellate Division order as affirmed Supreme Court’s denial of appellant’s motion to dismiss the counterclaim, dismissed upon the ground that such portion of the order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.  