The battle over the fate of ex-Mayor Michael Bloomberg’s soda ban is now set.
The Court of Appeals in Albany has set a June 4 trial date to hear the city’s appeal of a lawsuit that alleges the health department overstepped its limits by approving the measure.
The proposed ban would cover sugary drinks over 16 ounces.
A state Supreme Court judge sided with the plaintiffs in March 2013, a day before the ban was to go into effect, calling the measure “arbitrary and capricious.”
In July, the State Supreme Court’s appellate division likewise ruled against the ban.
A spokesperson for the Bill de Blasio administration said the city is in favor of upholding the big soda ban and will continue to fight in court for its passage.