The state's highest court agreed Thursday to hear New York City's appeal of a ruling that blocked Mayor Bloomberg's effort to stop many eateries from selling super-sized, sugary drinks.
The Court of Appeals granted a request by city officials to challenge a mid-level court decision that struck down the measure in August.
Arguments and a decision by the top court are expected next year.
The lower court said the city Board of Health exceeded its authority by putting a 16-ounce size limit on high-calorie soft drinks. The cap would have applied to restaurants, stadiums and many other places.