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NY's top court will consider city soda ban

An undated image of twenty-ounce bottles of regular

An undated image of twenty-ounce bottles of regular and diet soda for sale at a Manhattan deli in NYC. Photo Credit: Getty Images

The state's highest court said Thursday it will hear the city's appeal of the ruling that nixed the big-soda ban. But it's highly unlikely that Mayor Michael Bloomberg will still be in office when the decision comes down.

The state Court of Appeals granted the city approval to appeal the lawsuit filed by the beverage companies and other groups that overturned the proposal to ban establishments that get letter grades from selling sugary drinks larger than 16 ounces.

Although no date has been set for oral arguments in the case, the city's law department said it probably won't take place before the end of Bloomberg's tenure.

"It's not going to happen before Dec. 31," a spokesperson said. "It's going to be a couple of months."

The ban was originally supposed to go in effect in March, six months after the health department approved it, but a state Supreme Court justice stopped the proposal when he ruled in favor of the plaintiffs.

Justice Milton Tingling called the ban "arbitrary and capricious." The State Supreme Court appellate division upheld the decision in July.

A source with knowledge about the case said the future of the suit could depend on the outcome of the mayoral election.

Democratic candidate Bill de Blasio has been outspoken about his support of the ban, while GOP contender Joe Lhota publicly opposed it.

"If de Blasio were to win, this would keep going. If Lhota wins, he probably would not continue this," the source said.

De Blasio's campaign didn't return messages for comment; Lhota's spokeswoman confirmed that the Republican candidate wouldn't continue the appeal.


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