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COMMONWEALTH DEPT. OF TRANSP. v. MAZZARINI

919 A.2d 295 (2007)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF MOTOR VEHICLES, Appellant v. Anthony MAZZARINI, Jr. Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles, Appellant v. Anthony Mazzarini, Jr., d/b/a Park Way Service Station.

Commonwealth Court of Pennsylvania.

Decided January 10, 2007.

Attorney(s) appearing for the Case

Terrance M. Edwards, Asst. Counsel and Timothy P. Wile, Asst. Counsel. In-Charge, Harrisburg, for appellant.

John Elash, Pittsburgh, for appellee.

BEFORE: SMITH-RIBNER, Judge, and COHN JUBELIRER, Judge, and KELLEY, Senior Judge.

OPINION BY Judge COHN JUBELIRER.

The Commonwealth of Pennsylvania, Department of Transportation, Bureau of Motor Vehicles (DOT) appeals from the October 27, 2005 Order of the Court of Common Pleas of Allegheny County (trial court), which vacated the respective two-month suspensions of Anthony Mazzarini, Jr. d/b/a Park Way Service Station (Park Way), and Anthony Mazzarini, Jr. (Mazzarini).

Mazzarini is the owner and operator of Park Way, which has been a state...

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