Kovalesky v. Commonwealth, Department of Transportation, Bureau of Driver Licensing

850 A.2d 26 (2004)

Curtis John KOVALESKY.

v.

COMMONWEALTH of Pennsylvania, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, Appellant.

Commonwealth Court of Pennsylvania.

Submitted on Briefs October 3, 2003.

Decided March 10, 2004.

Publication Ordered May 18, 2004.

Terrance M. Edwards and Timothy P. Wile, Asst. Counsel In-Charge, Harrisburg, for appellant.

Myron R. Sainovich, Beaver, for appellee.

BEFORE: FRIEDMAN, Judge, and COHN, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge COHN.

Before the Court is the Department of Transportation (DOT), Bureau of Driver Licensing's (Bureau) appeal of…