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In the Matter of DAVID UMFREY, Petitioner, v. PATRICK H. NeMOYER, as County Attorney of the County of Erie, et al., Appellants, and ROBERT ABRAMS, as Attorney-General of the State of New York, Respondent.

Judgment unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court (Gossel, J.). We add only that the County's argument that the State must share liability as a joint employer is made for the first time on appeal and therefore is unpreserved for our review.

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MATTER OF UMFREY v. NeMOYER
(Dec 26, 1991)