On September 22, 1936, the judgment was amended nunc pro tunc so as to show that the defendant died on August 30, 1935. However, the proof of the default required by section 486 of the Civil Practice Act to be filed with the clerk, was not so filed until January 3, 1936, and the computation of interest required to be made by the clerk by section 487 of the Civil Practice Act, was not made until January 3, 1936. A clerk is without authority to enter a default judgment until the plaintiff has furnished proof as to the amount for which judgment may be entered. ( Matter of Newman, 245 App. Div. 46; leave to appeal denied, 268 N.Y. 725.) At the time the judgment was entered against the decedent a verdict, report or decision had not been actually rendered against him and the judgment was entered in violation of the provisions of section 478 of the Civil Practice Act and is void. Therefore, upon the papers presented to the Surrogate's Court upon the hearing in this proceeding, it was not established that the petitioner was a creditor of the estate of the decedent.

Plaintiff, among other things, contends that the judgment roll is not irregular for failure to contain a complaint. We have concluded that defendants' motion must be granted. (Civ. Prac. Act, §§ 485, 486, 487; Arnold v. Mackey, 129 Misc. 643; Juskowitz v. Stern, 158 Misc. 28; Matter of Newman v. Schwert, 245 App. Div. 46; Carr v. Cunningham, 196 Misc. 198.) In view of our determination on this point, we do not deem it necessary to discuss the other points urged by counsel for the parties.

This case cites the Arnold case ( supra) and holds that the judgment roll must contain the complaint before the clerk of the court can enter a judgment by default. Matter of Newman v. Schwert ( 245 A.D. 46 [Fourth Dept., May 28, 1935]). This was an appeal by the petitioner from peremptory order of mandamus of the Supreme Court entered in the office of the Clerk of the County of Erie on March 25, 1935, and affirmed by order on the opinion of Mr. Justice LARKIN in Supreme Court, holding that a County Clerk cannot be compelled to file a judgment roll and docket a judgment in accordance therewith until the plaintiff has furnished proof as to the amount for which judgment may be entered, and that a complaint is a necessary part of a judgment roll.