Mackiewicz v. Westinghouse Electric Corp.

GULOTTA, Judge.

Defendants-appellees1 have moved to dismiss plaintiff's appeal on the grounds that “he has taken no action or steps in the prosecution of this appeal in more than two years and has failed to lodge the record of this case in this court. ...”

Following dismissal of his suit in the trial court, plaintiff appealed and filed a motion seeking permission to continue the prosecution of his action in forma pauperis. On October 25, 1978, the trial court allowed plaintiff to continue without prepayment of costs or security, but required him to pay the cost of the transcript of testimony…