Legal Opinion

The Matter of Jorge L. Linares v. Andrea W. Evans

New York Court of Appeals

Decided October 22, 2015No. 124PublishedCited by 40 opinions

1Opinion of the Court

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 to consider petitioner’s arguments. Given the impact that a determination of petitioner’s claims will certainly have in this and future cases, the more prudent course is to leave the propriety…

2Cases cited3 opinions

  1. Walton v. New York State Department of Correctional ServicesNew York Court of Appeals · 2007
  2. Red Hook/Gowanus Chamber of Commerce v. New York City Board of StandardsNew York Court of Appeals · 2005
  3. Schiavone v. City of New YorkNew York Court of Appeals · 1998

3Cited by40 opinions

  1. People v. GibsonAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. TravisAppellate Division of the Supreme Court of the State of New York · 2017
  3. People v. GriffinAppellate Division of the Supreme Court of the State of New York · 2020
  4. People v. SeymoreAppellate Division of the Supreme Court of the State of New York · 2020
  5. People v. WeemsAppellate Division of the Supreme Court of the State of New York · 2022

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