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Soda ban state appeal hearing set for June

A 20 oz. soda, or Texas-sized drink at

A 20 oz. soda, or Texas-sized drink at Dallas BBQ, could no longer be served under the soda ban. Photo Credit: Nancy Borowick

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.

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