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Judge: State's Smoking Ban In Parks Goes Too Far

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A smoker's rights group has prevailed after a New York judge Friday overturned rules creating non-smoking sections in state parks and beaches.

Officials are being ordered to stop enforcing the bans set earlier this year.

State Supreme Court Justice George Ceresia ruled the state office of Parks, Recreation and Historic Preservation violated its authority when it put the rules in place.

The judge says those rules would have to come from the state Legislature instead.

The ruling does not affect parks under the city's jurisdiction.

Smoking bans in those parks were passed by the City Council, separate from Albany.

The lawsuit was brought by NYC Citizens Lobbying Against Smoker Harassment.

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