
    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.  