Argued September 14, 1999 October 21, 1999 Appeal , by permission of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, (John G. Connor, J.) Albany County. Richard Hamburger, Lane T. Maxson, David N. Yaffe and David H. Pearl of counsel for appellant. Francis V. Dow, Preeta D. Bansal and Peter H. Schiff for respondents. CIPARICK, J. The dispute in this case arises out of an attempt by petitioner, one year before his retirement, to combine