Appeal from an order of the Civil Court of the City of New York, Kings County (Margaret A. Pui Yee Chan, J.), entered April 4, 2008. The order granted the branch of a motion by defendant seeking to have the judgment in the amount of $8,103.97 deemed satisfied.

ORDERED that the appeal is dismissed.

As plaintiff submitted no papers in opposition to defendant's motion, the order granting the branch of defendant's motion seeking to have the judgment in the amount of $8,103.97 deemed satisfied must be considered to have been entered upon default, and no appeal lies therefrom by the defaulting party (CPLR 5511; see Benitez v Olson, 29 AD3d 503 [2006]; Viggiani v Grodotzke, 306 AD2d 273 [2003]; Grabel v Amalgamated Warbasse Houses, Inc., 19 Misc 3d 136[A], 2008 NY Slip Op 50746[U] [App Term, 2d & 11th Jud Dists 2008]; Maltsev v New York City Tr. Auth., 19 Misc 3d 127[A], 2008 NY Slip Op 50504[U] [App Term, 2d & 11th Jud Dists 2008]). Plaintiff's remedy, if he be so advised, is to move in the Civil Court to set aside the order.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: January 29, 2010