Davidson v. Regan Fund Management Ltd.

Appeal from order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered July 16, 2004, which sua sponte referred the case to a special referee for hearing and determination of damages, unanimously dismissed, without costs.

No appeal lies from a sua sponte order (see Sholes v Meagher, 100 NY2d 333 [2003]). A motion to vacate the order (see CPLR 5701 [a] [3]), which we recommend as the suitable vehicle to challenge what on its face appears to be an improper determination, would ensure that an appeal could be made on a suitable *173record after counsel have had an opportunity to be…