Appellate Division of the Supreme Court of the State of New York October 12, 2004 (Boone v. Bender)

In an action to recover damages for legal malpractice, the defendants appeal from an order of the Supreme Court, Westchester County (Nastasi, J.), entered January 20, 2004, which granted the plaintiff’s motion pursuant to CFLR 3104 (d), in effect, to vacate so much of a determination of a court-appointed referee dated November 18, 2003, as denied the plaintiffs application to compel a further