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Smoking Ban Exceeded State Parks' Authority, Judge Says

Law360, New York (October 11, 2013, 3:54 PM EDT) -- A Rensselaer County trial judge has sided with a New York City smokers rights group, ruling that a ban on smoking in state parks instituted by New York State Office of Parks Recreation and Historical Preservation exceeded the agency's rulemaking authority, according to a decision made public Friday.

Trial court Judge George B. Ceresia Jr.'s ruling came more than a year after the plaintiff — NYC Citizens Lobbying Against Smoker Harassment, or CLASH — claimed in a 2012 suit that the agency with authority over more...
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