ORDER

AND NOW, this 10th day of January, 1997, we GRANT Petitioner’s Petition for Allowance of Appeal and REMAND this matter to the Commonwealth Court for a determination of the timeliness of Petitioner’s notice of appeal to the Commonwealth Court pursuant to Smith v. Pennsylvania Board of Probation and Parole, — Pa. -, 683 A.2d 278 (1996).

Petitioner’s application for leave to proceed in forma pauperis before this court is also GRANTED.