Linares v. Evans

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…