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MATTER OF LINARES v. EVANS

No. 124

26 N.Y.3d 1012 (2015)

42 N.E.3d 212

2015 NY Slip Op 07695

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

Court of Appeals of New York.

Decided October 22, 2015.

Attorney(s) appearing for the Case

Alfred O'Connor , New York State Defenders Association, Albany, and Alan Rosenthal , Center for Community Alternatives, Syracuse, for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Kate H. Nepveu , Barbara D. Underwood , Andrea Oser and Nancy A. Spiegel of counsel), for respondent.

Morningside Heights Legal Services, Inc., New York City ( Philip M. Genty of counsel), for Columbia Law School Prisoners and Families Clinic, amici curiae.

Skadden, Arps, Slate, Meagher & Flom LLP, New York City ( Boris Bershteyn and Ramya Ravishankar of counsel), for Tim Brennan and others, amici curiae.

Order affirmed, without costs, in a memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Petitioner challenges the validity and potential application of certain regulations of the Board of Parole which address risks and needs assessments and related matters (see 9 NYCRR 8002.3 [a]). However, the Board promulgated those regulations after its determination here and has not had an opportunity...

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