Opinion
2003-808 NC.
Decided April 20, 2004.
Appeal by plaintiffs from an order of the Small Claims Part of the District Court, Nassau County (J. Asarch, J.), entered February 10, 2003, dismissing plaintiffs' action for failure to appear at trial.
Appeal unanimously dismissed without costs.
PRESENT: McCABE, P.J., LIFSON and SKELOS, JJ.
The instant appeal is from an order dismissing the small claims action as a result of plaintiffs' failure to appear at trial. Since no appeal lies from an order entered upon default ( see Flake v. Van Wagenen, 54 NY 25; Landmark Aviation v. De Marmels, 63 AD2d 964), the appeal is dismissed. We note that plaintiffs remedy was to move to vacate the default order in the court below and, if necessary, appeal the denial of that motion.