Seilhamer v. Pennsylvania Board of Probation & Parole

DISSENTING OPINION BY

Senior Judge KELLEY.

I respectfully dissent.

After recommitting Seilhamer as a convicted parole violator to serve his unexpired term of two months and twenty-five days, the Board set a new maximum term expiry of February 11, 2009. Because the maximum term of Seilhamer’s confinement has expired, the instant appeal is moot. Taylor v. Pennsylvania Board of Probation and Parole, 746 A.2d 671 (Pa.Cmwlth.2000); Lawson v. Pennsylvania Board of Probation and Parole, 105 Pa.Cmwlth. 427, 524 A.2d 1053 (1987); Sands v. Pennsylvania Board of Probation and Parole, 40 Pa.Cmwlth. 189, 896…