Opinion

Moore v. Pennsylvania Board of Probation & Parole

  • 922 A.2d 882
Court
Supreme Court of Pennsylvania
Filed
May 31, 2007
Status
Published
Cited by
0 cases

The opinion

ORDER

PER CURIAM.

The order of the Commonwealth Court is VACATED, and the matter is remanded for reconsideration in light of Pa.R.A.P. 1503. 1

. The Commonwealth Court’s order denying reconsideration states as follows:

To the extent that petitioner requests this court to address the claims he raises in connection to his parole revocation and respondent's denial of administrative relief, such claims must be raised in a timely petition for review addressed to this court's appellate jurisdiction.

Pa.R.A.P. 1503, however, embodies a safe-harbor rule that requires the court to treat an improvidently filed original jurisdiction action *883 as a matter raised within the court’s appellate jurisdiction, assuming that it was filed within the relevant appeal period. To the extent that there are ambiguities in the original filing, under the rule, the appellate court may require that the papers be clarified by amendment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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