In re the Arbitration between Proper & Sterling Insurance

—Peters, J.

Appeal from an order of the Supreme Court (Graffeo, J.), entered October 28, 1997 in Albany County, which, inter alia, in a proceeding pursuant to CPLR article 75, ordered respondent to recalculate petitioner’s pension benefits.

Pursuant to an employment contract entered into in January 1991, petitioner was entitled to all employee benefits, including those derived from a “supplemental defined benefit plan” (hereinafter SDBP), the purpose of which was to provide a pension in excess of Federal limits placed upon respondent’s qualified retirement plan entitled the “defined benefit…