PIERCE v. DEPT. OF PUB. WELFARE

No. 1368 C.D. 1978.

84 Pa.Commw. 602 (1983)

Charles A. Pierce, Petitioner v. Commonwealth of Pennsylvania, Department of Public Welfare, Respondent.

Commonwealth Court of Pennsylvania.

December 16, 1983.


Attorney(s) appearing for the Case

David Gates, with him, Ellen Yackin, for petitioner.

Jason W. Manne, Assistant Counsel, with him, Carol A. Genduso, Assistant Attorney General, Mary Frances Grabowski, Assistant Attorney General, and William H. Haubert, II, Deputy Attorney General, for respondent.

Hearing before Judge CRAIG.


MEMORANDUM OPINION BY JUDGE CRAIG, December 16, 1983:

The Pennsylvania Department of Public Welfare (DPW) has applied, under Pa. R.A.P. 1532(b), for summary disposition, in its favor, of this appeal by petitioner Pierce from a decision of the Board of Finance and Revenue. Pa. R.A.P. 1571(a) subjects an appeal of this category to the summary relief rule, which allows this court to make the requested disposition "if the right of the applicant thereto is clear."

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