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MATTER OF LINARES v. EVANS

517004

112 A.D.3d 1056 (2013)

975 N.Y.S.2d 930

2013 NY Slip Op 8189

In the Matter of JORGE L. LINARES, Appellant, v. ANDREA W. EVANS, as Chair of the Division of Parole, Respondent.

Appellate Division of the Supreme Court of New York, Third Department.

Decided December 5, 2013.

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...

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