Johns v. County of Oneida

Paul Johns appeals a judgment dismissing Paul and Patricia Johns' 1 complaint against Oneida County, Jennie Huber, the Oneida County treasurer, and Kenneth Clark. 2

Johns contends the trial court erroneously exercised its discretion when it denied the Johns' motion for default judgment against the County and Huber based upon their failure to file a timely answer to the complaint. Johns argues that the trial court is compelled to grant a default judgment upon a showing that the answer is untimely in the absence of excusable neglect. Because we conclude that the trial court properly exercised…