Sammons v. CIVIL SERVICE COM'N OF PHILA.

ORDER

The Court being equally divided, the Order of the Commonwealth Court is affirmed.

Chief Justice FLAHERTY, Justice ZAPPALA, and Justice NEWMAN would dismiss the appeal as having been improvidently granted. Justice CAPPY files an Opinion in Support of Reversal in which Justice CASTILLE and NIGRO join.

OPINION IN SUPPORT OF REVERSAL

CAPPY, Justice.

This court is equally divided and affirms, per curiam, the order of the Commonwealth Court. I respectfully disagree with the published decision of the Commonwealth Court and write separately to express my views in support of reversal. In sum, I…