Config Changes Service And Dialog Box

I am trying to handle the config changes correctly when a service is running. So I thought I had achieved this as when testing this on my cheap LG E400 model (small screen) and turn the phone during the dialog (spinner style) showing, I have set up a onsavedinstancestate and in the onCreate look to see if this is !=null and then get the bundle variables to check where the app is with the service.

On the phone this all appears to work fine but when using my galaxy tab2 7.0 , the app actually does not crash during the screen rotation but the dialog box just stays on screen and nothing changes.

when I then look in logcat I have found that it reports a leak :

[HIGH]10-02 13:34:13.213: E/WindowManager(850): Activity co.uk.XXXXX.XXXX.Exportfile has leaked window com.android.internal.policy.impl.PhoneWindow$Decor View{4236a780 V.E..... R....... 0,0-580,163} that was originally added here
10-02 13:34:13.213: E/WindowManager(850): android.view.WindowLeaked: Activity co.uk.XXXXXX.XXXXXXXX.Exportfile has leaked window com.android.internal.policy.impl.PhoneWindow$Decor View{4236a780 V.E..... R....... 0,0-580,163} that was originally added here
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