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MTR OF NYC v. NYS PARKS

No. 46

27 N.Y.3d 174 (2016)

51 N.E.3d 512

2016 NY Slip Op 02479

In the Matter of NYC C.L.A.S.H., INC., Appellant, v. NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION et al., Respondents.

Court of Appeals of New York.

Decided March 31, 2016.

Attorney(s) appearing for the Case

Joshpe Law Group LLP, New York City (Edward A. Paltzik of counsel), and Law Offices of Yan Margolin, New York City (Yan Margolin of counsel), for appellant.

Eric T. Schneiderman, Attorney General, Albany (Victor Paladino, Barbara D. Underwood and Andrea Oser of counsel), for respondents.

Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN and GARCIA concur.

OPINION OF THE COURT

Broadly stated, this appeal presents the question whether one may smoke in any outdoor area of a location under the jurisdiction of respondent-defendant New York State Office of Parks, Recreation and Historic Preservation (OPRHP). It is arguable that allowing a smoking ban in such areas is to support governmental...

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