A New York state appeals court Thursday threw out a ruling that would have allowed gay couples to marry in New York City, saying it is not the role of judges to redefine the terms "husband" and "wife." The state Supreme Court's Appellate Division ruled 4-1 that Justice Doris Ling-Cohan erred in February when she held that the state's domestic relations law is unconstitutional since it does not permit marriage between people of the same sex. The appeals court added: "We find it even more troubling that the court, upon determining the statute to be unconstitutional, proceeded to rewrite it and purportedly create a new constitutional right." Ling-Cohan had ruled in favor of five gay couples who sued New York the city clerk had denied their marriage license applications.