IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
CAL HEIDELBERG JR., : No. 26 WAP 2015
:
Appellant : Appeal from the Order of the
: Commonwealth Court entered October
: 26, 2015 at No. 494 MD 2015.
v. :
:
:
PENNSYLVANIA BOARD OF :
PROBATION AND PAROLE, :
:
Appellee :
ORDER
PER CURIAM
AND NOW, this 29th day of March, 2016, we VACATE the Order of the
Commonwealth Court. We REMAND this case to the Commonwealth Court for further
consideration in its appellate jurisdiction pursuant to 42 Pa.C.S. § 763 (providing that an
appeal from an order of a Commonwealth agency is directed to the Commonwealth
Court’s appellate jurisdiction) and 42 Pa.C.S. § 708(c) (providing that where a complaint
in the nature of mandamus is commenced against a government unit objecting to a
governmental determination, where the proper mode of relief is an appeal from that
determination, the court shall regard it as an appeal from that determination).