New York City is asking the state’s highest court to take up the city’s effort to stop many eateries from selling super-sized, sugary drinks.

The request was made public Monday. The city asks the Court of Appeals to review a lower-court ruling that struck down the measure last week.
That decision says the city Board of Health exceeded its authority by putting a 16-ounce size limit on high-calorie sodas and soft drinks. The cap was to apply to restaurants, stadiums and many other places.

The new filing isn’t a surprise. Mayor Michael Bloomberg had indicated it was coming.

It cites the toll of obesity-related disease. It also says the high court needs to resolve “important issues” about the health board’s authority.

The American Beverage Association did not immediately comment.

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(AP)