(New York, NY) -- New York's highest court will hear Big Apple Mayor Michael Bloomberg's appeal of his sugary drink plan. A lower court turned aside Bloomberg's effort to limit the portion size of sugary drinks in bars and restaurants earlier this year. New York's Appellate Division will now hear the case. Bloomberg says he is confident this high court will rule in favor of the city. The mayor says obesity and diabetes are killing five-thousand New Yorkers per year.