Matter of Linares v Evans

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Matter of Linares v Evans 2013 NY Slip Op 08189 Decided on December 5, 2013 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: December 5, 2013

[*1]In the Matter of JORGE L. LINARES, Appellant,


ANDREA W. EVANS, as Chair of the Division of Parole, Respondent.

Calendar Date: October 22, 2013
Before: Peters, P.J., Rose, Lahtinen and McCarthy, JJ.

Jorge L. Linares, Rome, appellant pro se.
Eric T. Schneiderman, Attorney General, Albany (Kate
H. Nepveu of counsel), for respondent.


Appeal from a judgment of the Supreme Court (McDonough, J.), entered June 25, 2013 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Board of Parole denying petitioner's request for parole release.

Petitioner commenced this CPLR article 78 proceeding challenging a November 8, 2011 determination of the Board of Parole denying his request for parole release. Following service of respondent's answer, Supreme Court dismissed the petition. Petitioner appeals.

Petitioner is entitled to a new parole hearing due to the Board's failure to use a "COMPAS Risk and Needs Assessment" instrument, which is a document created and intended to bring the Board into compliance with recent amendments to Executive Law § 259-c (4) (see Matter of Malerba v Evans, 109 AD3d 1067, 1067 [2013]; Matter of Garfield v Evans, 108 AD3d 830, 830-831 [2013]).

Peters, P.J., Rose, Lahtinen and McCarthy, JJ., concur.

ORDERED that the judgment is reversed, on the law, without costs, determination [*2]annulled and matter remitted to the Board of Parole for further proceedings not inconsistent with this Court's decision.

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