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Bertuglia v. Ruzow
12-1255-cv Bertuglia v. Ruzow
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated Term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York the 29th day of January, two thousand thirteen.
Present: RALPH K. WINTER, ROSEMARY S. POOLER, DENNY CHIN, Circuit Judges. ______________________________________________ ROBERT BERTUGLIA, JR., INDIVIDUALLY, AND AS PRESIDENT OF LARO MAINTENANCE CORP.,
Plaintiff-Appellee,
LARO MAINTENANCE CORPORATION, LARO SERVICE SYSTEMS INC.,
Plaintiffs-Counter-Defendants-Appellees,
-v- No. 12-1255
THE CITY OF NEW YORK, PORT AUTHORITY INVESTIGATORS JOHN DOES, #1-5 NAMES AND SHIELD NUMBERS WHOM ARE UNKNOWN AT PRESENT, AND OTHER UNIDENTIFIED MEMBERS OF THE PORT AUTHORITY, PORT AUTHORITY INVESTIGATORS JANE DOE, #1-5 NAMES AND SHIELD NUMBERS WHOM ARE UNKNOWN AT PRESENT, AND OTHER UNIDENTIFIED MEMBERS OF THE PORT AUTHORITY, BERNARD D'ALEO, PORT AUTHORITY CONTRACT ADMINISTRATOR, Defendants, JEFFREY SCHAFFLER, PORT AUTHORITY SUPERVISING INVESTIGATOR, PORT AUTHORITY OF NEW YORK AND NEW JERSEY, MICHAEL NESTOR, PORT AUTHORITY DIRECTOR OF INVESTIGATIONS, EDWARD KENNEDY, PORT AUTHORITY INVESTIGATIVE MANAGER, FRED FERRONE, PORT AUTHORITY
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FORENSIC AUDITOR, ROBERT E. VAN ETTEN, PORT AUTHORITY INSPECTOR GENERAL, Defendants - Counter-Claimants, ADA ELYSE RUZOW, ADA MICHAEL SCOTTO,
Defendants - Appellants. ____________________________________________________
Appearing for Appellants: Beth Fisch Cohen, Assistant District Attorney, New York County District Attorney's Office (Cyrus Vance Jr., District Attorney, New York County, Susan C. Roque, Assistant District Attorney, on the brief) New York, NY.
Appearing for Appellees: Jon L. Norinsberg, Law Offices of Jon L. Norinsberg, New York, NY.
Appeal from the United States District Court for the Southern District of New York (Koeltl, J.).
ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal from an interlocutory order of said District Court be and it hereby is DISMISSED.
Elyse Ruzow and Michael Scott appeal from the March 19, 2012 opinion and order of the Untied States District Court for the Southern District of New York (Koeltl, J.) denying in part their motion to dismiss the Section 1983 claims for deprivation of federal civil rights, malicious abuse of process, stigma-plus defamation, and conspiracy against Ruzow and Scotto.
We dismiss. As set forth in the district court’s thorough and well-reasoned opinion, there are factual disputes that preclude a finding of immunity at this stage of the proceedings. See Bolmer v. Oliveira, 594 F.3d 134, 141 (2d Cir. 2010)(“Defendants-Appellants offer their version of the contested facts surrounding Bolmer’s commitment. We lack jurisdiction to compare their factual evidence with [plaintiff’s].”). In the absence of an independent source of jurisdiction, we lack the authority to exercise pendent appellate jurisdiction over other aspects of the order. Bolmer, 594 F.3d at 141.
Accordingly, the appeal hereby is DISMISSED.
FOR THE COURT: Catherine O’Hagan Wolfe, Clerk