The city's so-called "soda ban" will have yet another day in court.
New York state's highest court agreed Thursday to hear Mayor Michael Bloomberg's appeal of a decision striking down a law capping the size of sugary drinks in the city.
The Court of Appeals will not hear the case until after Bloomberg leaves office. While Democratic candidate for mayor Bill de Blasio previously said he supports the ban, Republican Joe Lhota said he would drop the appeal if elected.
The court made the decisionafter lower courts deemed the cap to be an overreach of executive power in July and March.
The ban, approved by the city's Board of Health last fall, would limit the size of sugary beverages sold in restaurants and other eateries to 16 ounces.
The mayor noted in a statement Thursday that sugary drinks are a major driver of the obesity crisis. He said epidemics of obesity and diabetes are killing at least 5,000 New Yorkers a year, hitting black, Latino and low-income communities the hardest.
"New York City's portion cap rule would help save lives, and we are confident the Appeals court will uphold the Board of Health's rule," Bloomberg said.
This summer, a mid-level court said in a unanimous decision that the board "failed to act within the bounds of its lawfully delegated authority" after passing the measure. In the decision, the court noted that the ban was not put to a City Council vote, though some members asked for one.
The American Beverage Association, one group that originally petitioned to strike down the law, said it was confident in the lower court decisions.
"The courts have agreed the Board of Health did not have the authority to pass this regulation," a spokesman for the association said in a statement.
Follow Anna Sanders on Twitter: @AnnaESanders