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SOLANO v. PENNSYLVANIA BD. OF PROBATION

884 A.2d 943 (2005)

Antonio SOLANO, Petitioner, v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

Commonwealth Court of Pennsylvania.

Decided August 18, 2005.

Publication Ordered October 7, 2005.

Attorney(s) appearing for the Case

Harry J. Cancelmi, Jr., Waynesburg, for petitioner.

Arthur R. Thomas, Asst. Counsel and Victoria S. Freimuth, Chief Counsel, Harrisburg, for respondent.

OPINION BY Judge LEADBETTER.

Before this court is the motion of Anthony Solano to vacate the automatic supersedeas which took effect when the Board of Probation and Parole (Board) sought allowance of appeal from this court's order reversing the revocation of Solano's parole. It is well-established that in order to prevail on a motion to vacate an automatic supersedeas, the petitioner must establish: 1) that he is likely to prevail on the merits; 2) that without the...

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