*1 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 11 th 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 ?