*5 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, 546 Pa. 115, 683 A.2d 278 (1996).

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