No appeal as of right lies from a sua sponte order ( Sholes v Meagher, 100 NY2d 333, 335). If the matter is to be reviewed, plaintiff should move to vacate the sua sponte order ( see CPLR 5701 [a] [3]) so as to create a suitable appellate record and afford counsel the opportunity to be heard on the issues ( see Davidson v Regan Fund Mgt. Ltd., 15 AD3d 172).