IN THE SUPREME COURT OF PENNSYLVANIA MIDDLE DISTRICT

DEREK SMITH, : No. 224 MAL 2016 : Respondent : Petition for Allowance of Appeal from : the Order of the Commonwealth Court : v. : : : PENNSYLVANIA BOARD OF : PROBATION AND PAROLE, : : Petitioner :

ORDER

PER CURIAM AND NOW, this 11th day of August, 2016, the Petition for Allowance of Appeal is GRANTED. The issue, as stated by petitioner, is:

Does the Commonwealth Court’s decision conflict with this Court’s decision in Gaito v. Pennsylvania Board of Probation and Parole?