Appeal from a judgment of the District Court of Nassau County, First District (David W. McAndrews, J.), entered December 1, 2011. The judgment, after an inquest, awarded plaintiff the principal sum of $863.57 and dismissed defendant's counterclaim.

ORDERED that the appeal is dismissed.

Plaintiff commenced this small claims action to recover the sum of $863.57. Plaintiff indicated that he had to pay a company, which is not a party to this action, to remove squirrels from his home, after defendant, who had been retained to provide these extermination services, failed to successfully do so. Defendant interposed a counterclaim to recover the sum of $375 for additional services he had allegedly performed for plaintiff. Defendant failed to appear for trial and, following an inquest, a default judgment was entered dismissing the counterclaim and awarding plaintiff the principal sum of $863.57. Thereafter, the District Court orally denied defendant's motion to vacate his default, and defendant now appeals from the default judgment.

The appeal from the judgment is dismissed because no appeal lies from a judgment entered on default (see CPLR 5511; Landmark Aviation v De Marmels, 63 AD2d 964 [1978]; Yellow Book Sales & Distrib. Co., Inc. v Henry B. Whitaker, Inc., 27 Misc 3d 132[A], 2010 NY Slip Op 50699[U] [App Term, 9th & 10th Jud Dists 2010]). Defendant's remedy, if he be so advised, is to have the District Court reduce to a written order the determination denying his motion to vacate the default judgment (see CPLR 2219; Ojeda v Metropolitan Playhouse, 120 AD2d 717 [1986] [no appeal lies from a transcript of an oral decision]) and to appeal from that order.

Nicolai, P.J., LaSalle and Marano, JJ., concur.
Decision Date: December 12, 2013