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DOUGHERTY v. DEPT. OF PUB. WELFARE ET AL.

No. 729 C.D. 1979.

62 Pa.Commw. 15 (1981)

Joseph C. Dougherty, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Lackawanna, Susquehanna and Wayne Mental Health and Mental Retardation Program, Respondents.

Commonwealth Court of Pennsylvania.

September 23, 1981.

Attorney(s) appearing for the Case

Joseph J. O'Brien, Jr., Haggerty & McDonnell, for petitioner.

Howard Ulan, Assistant Attorney General, for respondent, Pennsylvania Department of Public Welfare.

Michael Basista, for respondent, Lackawanna, Susquehanna and Wayne Mental Health and Mental Retardation Program.

Argued June 1, 1981, before President Judge CRUMLISH and Judges ROGERS and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., September 23, 1981:

The Department of Public Welfare (DPW) dismissed, as untimely, the appeal of Joseph C. Dougherty from the assessment of his liability for the care of his minor child pursuant to the Mental Health and Mental Retardation Act of 1966 (Act).1 Dougherty has filed a petition for review with this Court, urging that DPW's dismissal of his appeal was improper.

On June 8, 1978, the appropriate...

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