Conway v. Cumming

Plaintiff, now represented by counsel, has moved for reargument raising as a ground, among others, *128that plaintiff should have been assigned counsel below. The Court has rejected this ground on the ground it was not preserved.

As defendants emphasize, plaintiff appearing pro se never raised the right to counsel point although he proceeded in forma pauperis both here and in the trial court. Following the date of submission of this case without argument, this Court decided in a factually similar case that an inmate was entitled to appointed counsel under the Public Defender Act. See Fletcher v.…