ALBANY – The restrictions that the Cuomo administration imposed on outdoor smoking in state parks, historic sites and recreational areas are legal, a state appeals court ruled Wednesday.
The determination by a unanimous panel of the Appellate Division, Third Department, in New York City Citizens Lobbying Against Smoker Harassment (C.L.A.S.H.) v. New York State Office of Parks, Recreation & Historic Preservation, 519023, reversed a state Supreme Court justice’s ruling that the smoking regulation was an impermissible usurpation of the state Legislature’s policy-making powers.
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