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BUR. OF TRAFFIC SAFETY v. RICK

No. 3051 C.D. 1981.

75 Pa.Commw. 514 (1983)

Commonwealth of Pennsylvania, Department of Transportation, Bureau of Traffic Safety, Appellant v. William J. Rick, Jr., Appellee.

Commonwealth Court of Pennsylvania.

July 18, 1983.

Attorney(s) appearing for the Case

Harold H. Cramer, Assistant Counsel, with him Ward T. Williams, Chief Counsel, and Jay C. Waldman, General Counsel, for appellant.

Ronald V. Santora, with him Arthur L. Piccone, for appellee.

Argued February 3, 1983, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and DOYLE, sitting as a panel of three.

OPINION BY JUDGE DOYLE, July 18, 1983:

Before this Court is an appeal by the Department of Transportation (Department) from a decision and order of the Court of Common Pleas of Luzerne County which allowed William J. Rick, Jr. (Appellee) to file an appeal nunc pro tunc from a suspension of his operator's license by the Department and which also sustained his appeal of the suspension.

On May 2, 1978, Appellee was convicted of driving under the influence of...

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