A four-person appeals panel bombarded city lawyers yesterday with questions about loopholes in Mayor Bloomberg’s controversial plan to ban large sugary drinks.
“Why the limits on some [drinks] and not others?” asked Appellate Division Justice Dianne Renwick.
The city argued that the higher court should reinstate the mayor’s policy that in March was struck down by Manhattan Supreme Court Judge Milton Tingling.
Tingling deemed the ban “arbitrary and capricious” because it would target only certain stores for selling certain kinds of beverages like a 20-ounce Sprite. But other drinks, like the Big Gulps from 7-Eleven, are excluded.
If the city loses this round, it has one more chance to petition the state Court of Appeals.