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JELLINICK v. NAPLES & ASSOC.

296 A.D.2d 75 (2002)

744 N.Y.S.2d 610

ROBERT JELLINICK, Respondent-Appellant, v. JOSEPH J. NAPLES & ASSOCIATES, INC., et al., Appellants-Respondents. (Appeal No. 1.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 3, 2002.

Attorney(s) appearing for the Case

Harter, Secret & Emery LLP, Buffalo (Carol E. Heckman of counsel); Dadd & Nelson, PC, Attica, for defendants-appellants-respondents.

Phillips, Lytle, Hitchcock, Blaine & Huber LLP, Buffalo (Robert F. Elgidely of counsel), for plaintiff-respondent-appellant.

GREEN, SCUDDER, BURNS and GORSKI, JJ., concur.

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 Act ([FICA] 26 USC § 3101 et seq.) and section...

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