The Real Risk Isn’t the Cloud—It’s Premises-Based Software -

Cloud Computing for Lawyers by Rochester, New York Attorney Nicole Black, was published by the American Bar Association. Click HERE to read the whole story.

Jurisdiction's motion for summary judgment denied in an action alleging its law enforcement personnel used excessive force in responding to an incident

The Plaintiffs in this action sought to recover damages based on the alleged use of excessive force by certain officers of a Town's Police Department and other named defendants [Defendants] in the course of certain Defendants' responding to an incident. 

Defendants moved for summary judgment dismissing the Plaintiffs' complaint insofar as asserted against them. Supreme Court denied Defendants' motion and the Defendants' appealed the court's ruling. 

The Appellate Division affirmed the Supreme Court's ruling. explaining:

1. "'Claims that law enforcement personnel used excessive force in the course of an arrest are analyzed under the Fourth Amendment and its standard of objective reasonableness", citing Combs v City of New York, 130 AD3d 862, quoting Moore v City of New York, 68 AD3d 946; and 

2. Determining an excessive use of force claim involving law enforcement personnel requires an analysis of the facts of the particular case, including:

    a: "the severity of the crime at issue; 

    b. "whether the suspect poses an immediate threat to the safety of the officers or others; and 

    c. "whether [the suspect was] actively resisting arrest or attempting to evade arrest by flight".

Further, citing Holland v City of Poughkeepsie, 90 AD3d 841, the Appellate Division opined that "The question of whether the use of force was reasonable under the circumstances is generally best left for a jury to decide".

Click HERE to access the decision of the Appellate Division posted on the Internet.

Former Fire Department Treasurer pleads guilty to grand larceny in the second degree

The Former Treasurer of the Vernon Center New York [Fire Department] "pled guilty to grand larceny in the second degree", conceding having stolen more than $300,000 from the Department. As noted in earlier NYPPL summaries of court decisions involving  a public employee stealing public funds, such breaches of the public trust are sometimes  referred to as "jobbery." Merriam-Webster defines jobbery as "the improper use of public office or conduct of public business for private gain". 

On August 14, 2025 New York State Comptroller Thomas P. DiNapoli issued a press release reporting that Jonnell Rose, a former Treasured of the Vernon Center New York Fire Department, "pled guilty to grand larceny in the second degree" after stealing more than $300,000 from the Fire Department. 

In a press release dated August 14, 2025, Comptroller DiNaoppli, together observations made by Oneida County District Attorney Todd Carville, and New York State Police Superintendent Steven G. James, stated the following:

“Jonnell Rose betrayed his community’s trust and stole over $300,000 meant to protect it,” DiNapoli said. “I thank District Attorney Carville and the New York State Police for their partnership in holding him accountable.”

Carville said, “This crime is particularly disturbing because of the victims that were targeted, the community and the fine men and women who selflessly give their time and talent as volunteer firefighters. I would like to thank the New York State Police and the New York State Comptroller’s Office for their hard work as well as the efforts of my Assistant, ADA Paul Kelly, who ensured that the defendant was held responsible and prosecuted to the fullest extent of the law.”

James said, “This guilty plea demonstrates the vital collaborative work of our law enforcement partners focused on the same goal; holding those who break our laws, accountable. Mr. Rose took advantage of a position he was entrusted in, and stole funds intended to support the Vernon Center Fire Department and the community it serves. I thank our State Police members, the Comptroller’s Office, and Oneida County District Attorney’s Office for their commitment to investigating and prosecuting those who victimize others.” 

A joint investigation by DiNapoli’s office and the State Police found Rose, 52, of Vernon, stole $309,000 from the department over a six-year period from May 2018 to May 2024.

Rose wrote fire department checks to cash, which he pocketed, deposited checks written to various legitimate fire department vendors into his personal accounts and deposited checks intended for the department into his own bank account. 

A forensic examination by DiNapoli’s office revealed that Rose made numerous personal purchases and payments, including crypto currency transactions, credit card payments, and cash withdrawals with the funds he stole from the department.

Rose pled guilty before Judge Michael Nolan in Oneida County Court to Grand Larceny in the Second Degree and will be sentenced on October 28, 2025.

Selected items from various blogs posted on the Internet during the week ending August 15, 2025

New York State’s Local Cybersecurity Reporting Rules Kick In New York Gov. Kathy Hochul has announced that recently approve lawmakers requirements have kicked in and “all municipal corporations and public authorities” must report any “cybersecurity incidents” within 72 hours. Gov. Hochu has also established a Joint Security Operations Center, a data-sharing command center for cybersecurity.

Cyber Resilience for State & Local Government: A Roadmap to Smarter, Faster, Stronger Defense. Learn how to shift from reactive defense to proactive resilience with three key strategies: endpoint protection, real-time response, and unified visibility across hybrid environments. Download the paper.

Now is the time to secure your seat. The New York City Public Sector Cybersecurity Summit to be held on October 23 in New York City is now accepting registrations. Click here to register today to secure your spot.

AI in State and Local Government: Everything You Need to Know.  Artificial Intelligence (AI) often dominates technology discussions. This go-to guide shares everything you need to know to quickly begin implementing AI and developing the appropriate policy for the technology. DOWNLOAD

Preparing Utilities and Local Governments for a Paperless World. The paperless future is here. Is your utility or local government ready? This resource explores how utilities can embrace a paperless future to cut costs, improve operational efficiencies, and meet modern demands. DOWNLOAD

Pennsylvania Counties and Cities Step In to Rescue Struggling Main Streets Municipalities are investing in small-business corridors to combat closures, rebuild after disaster and boost local economies. READ MORE

S.F. Police Union Shifts Leadership to ‘Boots-on-the-Ground’ Advocate
After 30 years patrolling the city’s toughest neighborhoods, Louie Wong now leads the San Francisco Police Officers Association with promises to pursue better pay and earlier retirement benefits. READ MORE