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 had been expected and 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.
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 says it's confident in last week's ruling and looks forward to a final resolution.