The state's top court on Thursday said it will hear the Bloomberg administration's appeal on a ruling that blocked its ban on big sugary drinks, but not until his successor takes office.
The New York State Court of Appeals says it will hear the case in January.
A lower court ruled the city's Board of Health exceeded its authority when it put a limit on high-calorie sodas and soft drinks.
The cap would apply to restaurants, stadiums and other businesses.
A spokesman for Democratic mayoral candidate Bill de Blasio says while he supports the ban, he would "review the status of the city’s litigation" if he’s elected mayor.
A spokeswoman for Republican candidate Joe Lhota says he would drop the appeal if he is elected mayor.
Mayor Bloomberg has argued the calorie-packed soda drinks contribute to obesity.
The American Beverage Association says it's confident the earlier judicial ruling will be upheld.