ROSTOSKY v. COM. OF PA., DER.

No. 174 C.D. 1976.

26 Pa.Commw. 478 (1976)

Joseph Rostosky, Trading as Joseph Rostosky Coal Company, Appellant v. Commonwealth of Pennsylvania, Department of Environmental Resources, Appellee.

Commonwealth Court of Pennsylvania.

October 5, 1976.


Attorney(s) appearing for the Case

Clyde G. Tempest, for appellant.

Howard J. Wein, Assistant Attorney General, for appellee.

Submitted on briefs, September 14, 1976, to Judges CRUMLISH, JR., WILKINSON, JR., and ROGERS, sitting as a panel of three.


OPINION BY JUDGE WILKINSON, October 5, 1976:

The question presented here is whether an appeal was properly quashed by the Environmental Hearing Board (Board). The appellant's counsel admits that the period for appeals to the Board expired after he filed erroneously with the appellee Department of Environmental Resources (DER). He claims, however, that he was misled by an outdated copy of procedural regulations sent him by the DER. We hold the quashing proper.

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