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McCARTHY v. NEW YORK CITY TECHNICAL COLLEGE

Docket No. 97-9243.

202 F.3d 161 (2000)

William M. McCARTHY, Plaintiff-Appellant, v. NEW YORK CITY TECHNICAL COLLEGE OF CITY UNIVERSITY OF NEW YORK, City University of New York and City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 13, 2000.

Attorney(s) appearing for the Case

Joseph E. Gulmi, New York, N.Y. (Annmarie P. Venuti, Richards & O'Neil, LLP, New York, N.Y., of Counsel), for Plaintiff-Appellant.

Thomas Litsky, Assistant Attorney General, New York, N.Y. (Dennis C. Vacco, Attorney General of the State of New York, John W. McConnell, Deputy Solicitor General, Robert A. Forte and Annemarie Prudenti, Assistant Attorneys General, of Counsel), for Defendants-Appellees.

Before: NEWMAN and LEVAL, Circuit Judges, and WEXLER, District Judge.

Judge JON O. NEWMAN files a concurring opinion.

LEVAL, Circuit Judge:

Plaintiff William M. McCarthy appeals from a judgment of the United States District Court for the Southern District of New York (Peter K. Leisure, Judge) dismissing his claim under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. ("ADEA"). After a jury verdict in plaintiff's favor, the court granted the motion of defendant New York City Technical College...

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