An outdoor smoking ban was upheld by the state Court of Appeals, which found it was within the jurisdiction of the New York State Office of Parks, Recreation and Historic Preservation to impose the restriction.
The court’s unanimous decision Thursday said lawmakers had decided to stop secondhand smoke in certain areas, and the ban by the parks department “merely fills in details of that policy.” The ruling affirmed a decision by the Appellate Division, Third Department, that the restrictions were permissible.
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