IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT
December 29, 2009
LANCE W. MITCHELL, PETITIONER
STATE CIVIL SERVICE COMMISSION (CORRECTIONAL INSTITUTION AT WAYNESBURG, DEPARTMENT OF CORRECTIONS), RESPONDENTS
Petition for Allowance of Appeal from the Order of the Commonwealth Court entered September 8, 2009 at No. 1425 CD 2009, dismissing as untimely the appeal from the order of the Civil Service Commission entered June 16, 2009 at No. 22899.
AND NOW, this 29th day of December, 2009, the Petition for Allowance of Appeal is GRANTED, the order of the Commonwealth Court is VACATED, and the case is REMANDED to the Commonwealth Court in light of this Court's decision in Miller v. Unemployment Comp. Bd. of Review., 476 A.2d 364 (Pa. 1984). See also Smith v. Bd. of Prob. & Parole, 683 A.2d 278, 282 (Pa. 1996). The Commonwealth Court is directed to treat the petition for review as timely filed.
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