
    Ever S. Benitez, Also Known as Ebert S. Benitez, Appellant, v Diane Olson et al., Defendants, and Town of Islip, Respondent. (And a Third-Party Action.)
    Submitted October 4, 2004;
    decided November 30, 2004
   Motion, insofar as it seeks leave to appeal from the Appellate Division order denying reargument or, alternatively, leave to appeal to the Court of Appeals, dismissed upon the ground that such order does not finally determine the action within the meaning of the Constitution; motion for leave to appeal otherwise denied.  