Opinion
November 15, 1989
Appeal from the Supreme Court, Cattaraugus County, Horey, J.
Present — Dillon, P.J., Green, Pine, Balio and Davis, JJ.
Order unanimously reversed on the law without costs, motion to dismiss denied, motion for default judgment granted and Clerk of Supreme Court directed to enter judgment accordingly. Memorandum: Defendant never appeared in this action brought under CPLR article 13A. Plaintiff's claim was for a sum certain and application for a default judgment could have been made to the Clerk (see, CPLR 3215 [a]). In the circumstances presented, the court had no authority to appoint counsel sua sponte or to entertain a motion to dismiss the complaint. Upon plaintiff's compliance with CPLR 3215 (e) the Clerk shall enter judgment.