Graham v. DOC - Notice of Appeal Quashed
Summary
The Pennsylvania Supreme Court has quashed the notice of appeal in Graham v. DOC, docket number 2 WAP 2026. The court cited procedural rules regarding the tolling of appeal periods by petitions for reconsideration.
What changed
The Pennsylvania Supreme Court, in its order dated March 24, 2026, quashed the notice of appeal filed in the case of Graham v. DOC, docket number 2 WAP 2026. The court's decision relies on established procedural rules, specifically referencing Sidkoff, Pincus, Greenberg & Green, P.O. v. Pennsylvania Nat. Mut. Cas. Ins. Co. and Pennsylvania Rule of Appellate Procedure 1701(b)(3), which govern the tolling of appeal periods by petitions for reconsideration.
This ruling means that the appeal will not proceed, effectively upholding the lower court's decision or prior procedural outcome. Legal professionals involved in appellate practice in Pennsylvania should ensure strict adherence to the rules regarding the timing and granting of reconsideration petitions to avoid similar outcomes. The decision highlights the critical importance of procedural compliance in maintaining the right to appeal.
What to do next
- Review Pa.R.A.P. 1701(b)(3) and Sidkoff, Pincus, Greenberg & Green, P.O. v. Pennsylvania Nat. Mut. Cas. Ins. Co. for guidance on appeal tolling.
- Ensure petitions for reconsideration are timely filed and granted within the prescribed period to preserve appeal rights.
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March 24, 2026 Get Citation Alerts Download PDF Add Note
Graham, T., Aplt. v. DOC
Supreme Court of Pennsylvania
- Citations: None known
Docket Number: 2 WAP 2026
Unanimous Opinion
IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
TERRENCE GRAHAM, No. 2 WAP 2026
Appellant
v.
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS, KERI MOORE,
ASSISTANT CHIEF GRIEVANCE
OFFICER,
Appellees
ORDER
PER CURIAM
AND NOW, this 24 th day of March, 2026, the Notice of Appeal is QUASHED. See
Sidkoff, Pincus, Greenberg & Green, P.O. v. Pennsylvania Nat. Mut. Cas. Ins. Co., 555
A.2d 1284, 1288 (Pa. 1989) (holding that, unless the trial court grants a petition for
reconsideration within the allotted period, the time for filing an appeal is not tolled);
Pa.R.A.P. 1701 (b)(3) (providing that the 30-day appeal period will be tolled only by a grant
of reconsideration within the time for filing a notice of appeal).
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