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KRAMER APPEAL (10/12/71)

SUPREME COURT OF PENNSYLVANIA


decided: October 12, 1971.

KRAMER APPEAL

Appeal from order of Court of Common Pleas of Northampton County, June T., 1963, No. 28, in re appeal of Robert Kramer.

COUNSEL

Lewis R. Long, for appellant.

Thomas E. Butterfield, Jr., City Solicitor, for City of Bethlehem, appellee.

Bell, C. J., Jones, Eagen, O'Brien, Roberts, Pomeroy and Barbieri, JJ.

Author: Per Curiam

[ 445 Pa. Page 239]

This is an appeal taken August 6, 1970 from an order of the Court of Common Pleas of Northampton County entered June 22, 1970, which denied and dismissed appellant's appeal from a decision of the City Council of the City of Bethlehem, a city of the third class, discharging appellant as a police officer because of alleged misconduct. No statutory right of appeal from the order of the Common Pleas Court being granted by the Third Class City Code*fn1 or otherwise, this appeal would, under our law as it existed prior to January 1, 1969, have been proper and would have been considered by us as on broad certiorari. New Kensington v. Swierczewski, 397 Pa. 559, 156 A.2d 181 (1959); Vandergrift Borough v. Polito, 397 Pa. 538, 156 A.2d 99 (1959); Bell Appeal, 396 Pa. 592, 610-11,

[ 445 Pa. Page 240152]

A.2d 731 (1959); Ditko Appeal, 385 Pa. 435, 123 A.2d 718 (1956). However, under any of the appeal statutes enacted by the General Assembly on December 2, 1968, effective January 1, 1969,*fn2 appellate jurisdiction was placed in the Superior Court.

Appellee has not questioned our jurisdiction by motion to quash or otherwise, but subject matter jurisdiction cannot be conferred by consent. Pozzuolo Est., 433 Pa. 185, 193, 249 A.2d 540 (1969). We have concluded, accordingly, to remit this case to the Superior Court as though timely filed. See Smethport Area School District v. Bowers, 440 Pa. 310, 321, 269 A.2d 712 (1970); Plains Township School District Appeal, 438 Pa. 294, 265 A.2d 358 (1970).*fn3

It is so ordered.

Disposition

Remitted to Superior Court.


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