ALBANY— New York City’s restriction on the sale of large sugary drinks was thrown out this morning by the state Court of Appeals in a decision that found the Board of Health overstepped its authority and intruded on the lawmaking province of the City Council.
The court’s 4-2 decision affirmed the Appellate Division, First Department, as well as Manhattan Supreme Court Justice Milton Tingling Jr., and shot down on separation of powers grounds a key anti-obesity initiative of former Mayor Michael Bloomberg.
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