The state’s top court has agreed to hear the ban on large sugary drinks from convinence stores in New York City, potentially giving new life to what has become a signature public health effort from Mayor Michael Bloomberg.

The state Court of Appeals this morning in court papers indicated it would grant the appeal from the New York City Department of Health to hear the case after the ban was halted earlier this year a day before it was to go into effect.

The ruling from Manhattan Supreme Court Justice Milton Tingling at the time called the large soda ban “arbitrary and capricious” in part because of the loopholes inherent in the ban when it comes to the state regulating large drinks at chain stores like 7-11.

The ban applies to drinks 16 ounces and larger and would have impacted restaurants, stadiums and other venues.

The court is expected to hear arguments in the case early next year.

“Obesity is the only major public health issue we face that is getting worse, and sugary drinks are a major driver of the crisis,” Bloomberg said in a statement. “The related epidemics of obesity and diabetes are killing at least 5,000 New Yorkers a year and striking hardest in black and Latino communities and low-income neighborhoods. New York City’s portion cap rule would help save lives, and we are confident the Appeals court will uphold the Board of Health’s rule.”