Appellate Division of the Supreme Court of the State of New York July 3, 2002, Appeal No. 1 (Jellinick v. Joseph J. Naples & Associates, Inc.)

OPINION OF THE COURT

Pigott, Jr., P.J.

Plaintiff commenced this action against, inter alia, his former employer, defendant Joseph J. Naples & Associates, Inc. (Naples), seeking to recover additional pension benefits allegedly due under the terms of defendant employee profit sharing plan (Plan) and amounts allegedly wrongfully withheld by Naples in violation of the Federal Insurance Contributions