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Umfrey v. NeMoyer

178 A.D.2d 966 Court N.Y. App. Div. Decision date 1991-12-26 English

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p. 966
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. (Appeal from Judgment of Supreme Court, Erie County, Gossel, J.— Article 78.) Present — Doerr, J. P., Boomer, Pine, Balio and Davis, JJ.