
    Richard J. Timoney, Appellant, v Newmark & Company Real Estate, Inc., Respondent.
    Submitted December 6, 2004;
    decided January 13, 2005
   Motion, insofar as it seeks leave to appeal from that portion of the Appellate Division order that denied the motion to enlarge the record on appeal, 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.  