GREAT NECK, N.Y. (AP) _ A chain-smoking woman whose husband won a court order that banned her smoking around their children says the legal battle is over.

''It's all academic. I am quitting smoking today anyway,'' Elizabeth Roofeh, 41, said Wednesday after an appeals court stayed the order. ''I was only doing it to annoy my husband.''

She and her husband Jahanshan, a non-smoker, are divorcing. He went to court last year claiming he'd tried for 12 years to get her to curtail her habit, which he described as ''offensive and detrimental to the health of the children,'' aged 6, 7, and 9.

Mrs. Roofeh said she enrolled in an anti-smoking clinic after her children said the legal wrangling was ''ludicrous.'' Besides, she added, ''I'm coughing like crazy. This is killing me. I don't think it's helping the kids either.''

Roofeh could not be reached for comment and his attorney, Stephen Schissell, had no comment on the stay.