Linares v. Evans

Appellate Division of the Supreme Court of New York

Linares v. Evans

112 A.D.3d 1056, 975 N.Y.S.2d 930

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 5, 2013

StatusPublished

This text of 112 A.D.3d 1056 (Linares v. Evans) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Linares v. Evans, 112 A.D.3d 1056, 975 N.Y.S.2d 930 (N.Y. Ct. App. 2013).

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Opinion

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]).

[1057]*1057Peters, P.J., Rose, Lahtinen and McCarthy, JJ., concur. Ordered that the judgment is reversed, on the law, without costs, determination annulled and matter remitted to the Board of Parole for further proceedings not inconsistent with this Court’s decision.

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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]).

[1057]*1057Peters, P.J., Rose, Lahtinen and McCarthy, JJ., concur. Ordered that the judgment is reversed, on the law, without costs, determination annulled and matter remitted to the Board of Parole for further proceedings not inconsistent with this Court’s decision.

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Bluebook (online)

112 A.D.3d 1056, 975 N.Y.S.2d 930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/linares-v-evans-nyappdiv-2013.

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