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NEELY v. CUYLER ET AL.

No. 245 Misc. Docket No. 2.

48 Pa.Commw. 486 (1980)

Harold S. Neely, Petitioner v. Julius T. Cuyler, Superintendent at the State Correctional Institution at Graterford, Pennsylvania et al., Respondents.

Commonwealth Court of Pennsylvania.

January 16, 1980.

Attorney(s) appearing for the Case

Harold Neely, for himself, petitioner.

Robert A. Greevy, Assistant Attorney General, with him Edward G. Biester, Jr., Attorney General, for respondent.

Submitted on briefs November 27, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT, DiSALLE, CRAIG and MacPHAIL.

OPINION BY JUDGE WILKINSON, JR., January 16, 1980:

Petitioner filed a "Petition for Review and Jurisdiction" which we have treated as a petition for review addressed to this Court's original jurisdiction pursuant to the Pennsylvania Rules of Appellate Procedure and Section 761 of the Judicial Code, 42 Pa. C.S. § 761. Respondent filed an answer with new matter and attached a certificate of the Pennsylvania Board of Probation and Parole (Board) setting forth...

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