The state’s top court has agreed to hear New York City’s appeal of a lower court ruling that blocked Mayor Michael Bloomberg’s effort to stop many eateries from selling super-sized, sugary drinks.

The Court of Appeals has granted without comment Thursday a request by city officials to challenge a mid-level court decision that struck down the measure in August.

Arguments and a decision by the top court are expected next year.

The lower court said the city Board of Health exceeded its authority by putting a 16-ounce size limit on high-calorie sodas and soft drinks. The cap would have applied to restaurants, stadiums and many other places.

Bloomberg says obesity is a worsening public health issue, and sugary drinks are a major driver.

The American Beverage Association did not initially reply to a request for comment Thursday.

(AP)