Court of Appeals for the Second Circuit July 17, 1998, Nos. 97-7477, 97-7483 (Paolitto v. John Brown E.&C., Inc.)

WINTER, Chief Judge.

This appeal and cross-appeal arise from a complaint alleging that Anthony Paolitto was unlawfully denied a promotion to the position of Chief Structural Engineer by John Brown E.&C., Inc. (“Brown”). Paolitto claims that the denial was illegal because it was: (i) based on his age, in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.